Sun, 23 Jan 2022 Today's Paper

SSP Thalduwa: Critically wrong on criticism of the president

5 January 2022 09:53 am - 1     - {{hitsCtrl.values.hits}}

A A A

 

SSP Thalduwa made these claims to the media in relation to the incident where an activist was questioned by the CID for posting a video on social media of the public verbally protesting against President Gotabaya Rajapaksa as he was travelling through Mirihana. FactCheck.lk assessed these claims by analysing the provisions of the Constitution and judgments of the Supreme Court of Sri Lanka. 


Article 14(1)(a) of the Constitution of Sri Lanka vests every citizen with the freedom of speech and expression. Under the Constitution, the freedom of expression can be restricted only by law for the protection of, among other things, national security, public order, racial and religious harmony, parliamentary privilege, or to prevent incitement to an offense.  The legality of publishing insulting statements against the president or government was dealt with in the 2015 judgement of the Supreme Court (SC) in Wahalathanthri v. Jayantha Wickramaratne, Inspector General of Police [S.C. (F.R.) Application No. 768/2009]. In this case, the police sought to prosecute two persons under Section 120 of the Penal Code for carrying harshly worded placards that protested the government. In its determination, the SC declared that the publication of defamatory, embarrassing, or insulting statements against the president or government is a lawful and democratic exercise of the freedom of expression. 

The SC also held that the police cannot prosecute members of the public for merely publishing defamatory, embarrassing, or insulting statements against the president or government, and that Section 120 of the Penal Code would apply only if such statements were intended to incite violence.


The above analysis confirms that publishing statements that merely insult or defame the president does not attract any criminal liability. As no criminal liability attaches to the making of statements that insult or defame the president, there is no lawful basis for the police to take legal action against persons who publish or exchange such statements. Therefore, we classify SSP Thalduwa’s statement as FALSE.


**FactCheck.lk’s verdict is based on the most recent information that is publicly accessible. As with every fact check, if new information becomes available, FactCheck.lk will revisit the assessment.

 

FactCheck is a platform run by Verité Research. 
For comments, suggestions and feedback, please visit www.factcheck.lk.   

See Kapruka's top selling online shopping categories such as Toys, Grocery, Flowers, Birthday Cakes, Fruits, Chocolates, Clothing and Electronics. Also see Kapruka's unique online services such as Money Remittence,News, Courier/Delivery, Food Delivery and over 700 top brands. Also get products from Amazon & Ebay via Kapruka Gloabal Shop into Sri Lanka.

Sell your vehicle & house fast with hitad.lk only cost is Rs.400, Advertise in Hitad.lk for free to sell your mobile phone. Want to sell your Pet, Advertise for Free in hitad.lk Search for Houses in Sri Lanka and find the best place through Hitad.lk find your best tuition place. Find the best partner for you, visit hitad.lk Find anything at any time hitad.lk.

  Comments - 1

See Kapruka's top selling online shopping categories such as Toys, Grocery, Flowers, Birthday Cakes, Fruits, Chocolates, Clothing and Electronics. Also see Kapruka's unique online services such as Money Remittence,News, Courier/Delivery, Food Delivery and over 700 top brands. Also get products from Amazon & Ebay via Kapruka Gloabal Shop into Sri Lanka.

Sell your vehicle & house fast with hitad.lk only cost is Rs.400, Advertise in Hitad.lk for free to sell your mobile phone. Want to sell your Pet, Advertise for Free in hitad.lk Search for Houses in Sri Lanka and find the best place through Hitad.lk find your best tuition place. Find the best partner for you, visit hitad.lk Find anything at any time hitad.lk.

  • Police brutality on the rise Wednesday, 05 January 2022 10:24 AM

    The Police is really the Gestapo in sheep's clothing!


Add comment

Comments will be edited (grammar, spelling and slang) and authorized at the discretion of Daily Mirror online. The website also has the right not to publish selected comments.

Reply To:

Name - Reply Comment




See Kapruka's top selling online shopping categories such as Toys, Grocery, Flowers, Birthday Cakes, Fruits, Chocolates, Clothing and Electronics. Also see Kapruka's unique online services such as Money Remittence,News, Courier/Delivery, Food Delivery and over 700 top brands. Also get products from Amazon & Ebay via Kapruka Gloabal Shop into Sri Lanka.

Sell your vehicle & house fast with hitad.lk only cost is Rs.400, Advertise in Hitad.lk for free to sell your mobile phone. Want to sell your Pet, Advertise for Free in hitad.lk Search for Houses in Sri Lanka and find the best place through Hitad.lk find your best tuition place. Find the best partner for you, visit hitad.lk Find anything at any time hitad.lk.


“US has a right to criticise and to be criticised” – Sam Brownback

The United States continues to police other countries on democracy and human

Indo-Lanka Accord, 13th Amendment and the Tamil March of Folly

Much concern is now being shown by political parties representing the minorit

How a Sri Lankan woman’s death shook Japan and pushed towards changes

Japan has long been internationally criticised for its refugee recognition an

Turmoil in Toronto as “Tigers” Target TNA Meeting

Last Saturday (Nov. 20) saw a group of self-styled political activists creat