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Constitutionality of Online Safety Bill challenged before Supreme Court

3 October 2023 05:12 pm - 9     - {{hitsCtrl.values.hits}}

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Former President of the Sri Lanka Young Journalists' Association, Tharindu Uduwaragedara today filed a Special Determination petition before the Supreme Court challenging the constitutionality of the Online Safety Bill, which was placed on the order paper of Parliament today (03).

Through this petition, the petitioner is seeking a declaration that the bill requires approval by the people at a Referendum in addition to the 2/3 approval of Parliament. 

The Online Safety Bill was published in the Gazette on September 15, 2023, and placed on the Order Paper of Parliament on October 3, 2023. 

The petitioner said the Online Safety Commission under Clause 5 of the Bill provides for the Commission to consist of five members appointed by the President, unlike in the case of other independent Commissions, the Constitutional Council does not recommend the members.

The petitioner further stated that Clauses 12 to 25 create overbroad, over-inclusive and vague offences and violate Articles 3, 4(d), 10, 12(1) and 14(1)(a) of the Constitution.

The petitioner is requesting the Supreme Court to determine that this Bill, in its entirety, is inconsistent with Articles 3, 4, 10, 12(1), and 14(1)(g) of the Constitution or any one or more of them and must be passed by a special majority and approved by the people at a Referendum as required by Articles 83 and 84(2) of the Constitution.  (Lakmal Sooriyagoda)


  Comments - 9

  • Kps Tuesday, 03 October 2023 07:26 PM

    Great Move . Freedom of Speech shouldn’t be suppressed by the politicos.

    C.K.Lankaputhra Tuesday, 03 October 2023 08:00 PM

    Thank you putha! You are grate. We will stand by you.

    Dee Tuesday, 03 October 2023 09:09 PM

    Yes! They will be ‘grate’ when one of their own is harassed online!

    Joshua Tuesday, 03 October 2023 08:10 PM

    Well done but we can't expect anything good from the judiciary thanks Ranils policies

    Youth for justice Wednesday, 04 October 2023 02:14 AM

    You have our full support, and this corrupt government that is trampling the rights of the people lose. We will have to hang on till the elections next year to get rid of these destructive politicians that bankrupted the country.

    Ama Wednesday, 04 October 2023 04:47 AM

    @Kps - I SUPPORT your argument

    Paramanathan Wednesday, 04 October 2023 06:31 AM

    It is a welcome move by the youngster. President Ranil Wikremesinghe must be thinking he is above rule of law to bring any resolution in the parliament to just to please his masters Rajapkses. He is a shameless president to allow his ministers and government MPs to swindle state funds by abusing power. People must be hating him to the worst end.

    Democracy Wednesday, 04 October 2023 12:09 PM

    Hope this idiotic Bill is declared unconstitutional and as needing two third majority in Parliament and also voted at a Referandum.

    Roger Halliday Thursday, 05 October 2023 06:10 AM

    Yes you are standing on behalf of our people and we salute you in appreciation of your efforts. Yes the government is he'll bent on suppressing our rights and keep us silent. But their days are numbered.


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