Persona non grata: Free Speech and the Online Safety bill of Sri Lanka

Soorya Balendra
O’Brien Graduate Fellow, Centre for Human Rights and Legal Pluralism McGill University

Digitalisation has transformed internet platforms into new avenues for enjoying free speech in the era of ‘digital democracy.’ However, as a ‘double-edged’ sword, online spaces affected by hate speech and information manipulation have become prevalent, prompting a growing urge to regulate the digital space. Regulating online spaces has become a complex challenge for many jurisdictions worldwide, posing a global dilemma. Against the backdrop of key tragedies such as racial tensions in 2018, the Easter Sunday Attack of 2019, and information manipulation during the Covid-19 pandemic, Sri Lanka has felt compelled to regulate social media and online content sharing to maintain public order, safety, and national security. In the battle against misinformation and hate speech, after prolonged discussions, the Online Safety Bill was tabled in Parliament on October 3, 2023. This study delves into the issue of internet governance, unpacking the proposed Online Safety Bill of Sri Lanka, analysing its provisions, definitions, institutional arrangements, and application. As a comparative legal study, it aims to determine how the proposed framework aligns with internationally recognized standards for internet content regulation. Importantly, the study focuses on how the proposed framework emphasizes the importance of balancing diverse values, incorporating human rights standards, and fostering transparency through independent oversight mechanisms. To overcome the challenges of digital authoritarianism in the contemporary era and drawing examples Jaffna Law Conference from global and comparative standards, the research proposes the adoption of ‘safe harbour’ arrangements – based on a conditional immunity model that prescribes certain obligations to the platforms related to illegal or prohibited content and incorporates independent oversight mechanisms. As the significant objective of the study, it aims to ensure the effectiveness of regulatory measures while safeguarding democratic values and human rights – especially free speech online.