Sri Lanka’s first Online Safety Act case concludes before Colombo Chief Magistrate’s Court

Colombo, April 23 (Daily Mirror) - In a landmark development, the Colombo Chief Magistrate’s Court today made permanent its conditional order against two respondents in the first-ever case filed under Sri Lanka’s Online Safety Act No. 9 of 2024.  

The case, filed on April 4, 2024, marked the first judicial proceeding instituted under the newly enacted legislation. 

The petitioner, Janaka Rathnayake, former Chairman of the Public Utilities Commission of Sri Lanka, appeared before court and, through counsel, submitted that he had been victimised as a targeted individual under the Act.  

During submissions, counsel for the petitioner outlined the five objectives of the Act as set out in its preamble, defined what constitutes a prohibited statement, and detailed the various offences created by the legislation. It was submitted that the petitioner had experienced harassment in terms of Section 20 of the Act.  

When the Court inquired into the jurisdiction of the Chief Magistrate’s Court to try and determine the matter, counsel referred to Section 9 of the Criminal Procedure Code and Section 39 of the Online Safety Act. 

Following submissions, the Court issued a conditional order under Sections 24(1) and 24(2) of the Act, directing that notices be issued to the accused both personally and via email.  

The matter was taken up today before Chief Magistrate Asanga Bodaragama. Delivering the order, the Court read out the final paragraph in open court.  

The conditional order previously issued against the first respondent, Gayathri Bimba, who was the personal assistant to Rathnayake, and the second respondent, Janaka Rajapaksha, a professor at a foreign university, was made permanent. The conditional order against the 4th, 5th, 7th and 8th respondents was removed. With that, proceedings in the case concluded.  

President’s Counsel  Kalinga Indatissa, together with counsel Vishwa De Livera Tennakoon and  Shavinda Herath, appeared for the petitioner on the instructions of Attorney-at-Law Mithun Diasz.  

The Online Safety Act No. 9 of 2024 came into operation last year and provides a legal framework to address specified online conduct, including prohibited statements and harassment. This case is the first to test its provisions before court.