grabbed by his hair and manhandled by police officers despite him explaining that he was merely
reporting the protest that was taking place, and subsequently, he was unlawfully arrested
(Committee to Protect Journalists, 2023).
The OSA, the latest addition to the set of draconian laws that curtail freedom of expression in Sri
Lanka, includes provisions for infringing media freedom. Section 11 gives the Online Safety
Commission sweeping powers to determine ‘false statements’ and take measures to ‘prohibit’ its
circulation on online channels. The Commission can also issue orders to remove or block content,
sites and locations through directives issued to persons and online service providers (Online Safety
Bill & Anti-Terror Bill – Law Making To End Democracy & Fundamental Rights Of Sri Lankan Citizens,
2023). Sri Lankans are yet to see this law in practice, but it will embed a culture of State-sponsored
harassment of online activists, journalists, writers, trade unions, civil society organisations, and any
individual who is critical of the Government and its policies. Furthermore, Section 20 of the Act
seeks to protect targeted persons whose “private information” is published online in order to cause
harassment, and “harassment” is defined broadly to include the causing of “offence”, “alarm” or
“distress”. This provision reintroduces criminal defamation which was repealed by an amendment
to the Penal Code in 2002. This provision has serious implications for media freedom as it fails to
strike a balance between protecting individuals online and freedom of expression.
The proposed ATB also includes provisions that would expressly curtail media freedom. Sections 10
and 11 provide for any organisation to be proscribed as a ‘terrorist’ organisation and publication
deemed to be a ‘terrorist’ publication. Detentions for these offences can be made through
executive orders and the military is given the power to arrest and detain. These are powers that the
authorities did not have under the PTA, therefore it is evident that the ATB intends to further curtail
the fundamental freedoms of citizens.
Another recent attempt to constrain media freedom has been the announcement of the
Broadcasting Authority Bill in 2023. The Bill aims to establish a central authority to regulate
electronic media. Furthermore, the Bill would introduce a process of annual licence renewal, which
would make journalists and media organisations cautious about criticising the Government.
Leader of the Opposition Sajith Premadasa has argued that this requirement will make
privately-owned media organisations subservient to the State, the same way State-run media has
been (Kotelawala, 2023). The Bill was met with severe opposition and advocacy for self-regulation
has begun. In 1997, a similar Bill was tabled by Parliament but was determined to be
unconstitutional by the Supreme Court (Dullewe, 2023). The present Bill is set to be tabled in
Parliament amidst the opposition to it, and if passed, would have severe consequences on media
freedom (Rodrigo, 2024).
The discussion on media freedom in Sri Lanka is evidence of multiple attempts by the State to
curtail freedom of expression, specifically the freedom of journalists and media workers. This has
been enabled by laws that explicitly infringe on media freedom, incidents of State harassment,
intimidation and even the killing of journalists, and a long culture of impunity for these crimes. The
State is increasingly attempting to regulate the online space and this will inevitably affect media
freedom, the impact on citizens’ lives will be far-reaching and hard to reverse. With the media
sector lacking diversity in ownership and being highly dependent on major political clans, coupled
with the lack of accountability and corruption in governance, the media freedom of citizens is
severely at risk.
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