religion or its founder or any deity or saints venerated by its followers. The Act does not expressly
target online expression. However, the phrase “visible representation” could be interpreted to
include online expression. The existence of such provisions in Sri Lankan law provides space to
legitimise arrests of persons like Sepal Amarasinghe, (Gunatilleke, 2023) and Indika Rathnayake
(Udin, n.d.). Amarasinghe was arrested over publishing alleged defamatory remarks on YouTube
about the tooth relic. Rathnayake was arrested based on a complaint by a Buddhist monk over
certain Facebook posts made by him relating to Buddhism. It was alleged that his posts propagated
myths about Buddhism. Even though these arrests were made under different legislation such as
the ICCPR, and were criticised for violating freedom of expression, Acts such as the Profane
Publications Act and the Press Council Law which prohibit ‘profane’ content could also be
weaponised to target such expression, including online
ERs have been a constant source of media freedom infringement in Sri Lanka. The ERs issued in
April 2019 after the Easter Sunday attacks had specific provisions that dealt with ‘control of
publications’ (Gunatilleke, 2019). It gave the Competent Authority1 the power to prohibit the
printing, publishing and distribution of any newspaper that could be prejudicial to national
security. It defined ‘newspaper’ to be any form of publication, and this would potentially include
online publication too. The Competent Authority was empowered to seize any printing press if they
were thought to be producing content that was prejudicial to national security even if the content
was not intended to be published. Along with the ERs, the Government also imposed a nationwide
social media ban following the bombings with the intention of preventing the spread of
misinformation. Senior Researcher Sanjana Hattotutwa commented on social media bans stating
that “while a ban on social media helps to contain the spread of rumours, it also hampers efforts by
journalists to push back on them” (Hassan et al., 2019).
RECENT DEVELOPMENTS
During the Aragalaya in 2022, many journalists who were covering protests and calling for action
on social media were intimidated, harassed or arrested by the police and security forces. In July
2022, four Sirasa TV journalists who were reporting on the protests near Prime Minister Ranil
Wickremesinghe’s residence were attacked by the police and Special Task Force (International
Federation of Journalists, 2022). Despite there being video evidence of the journalists being
attacked by the authorities, Senior Superintendent of Police Romesh Liyanage, who was present at
the site, denied his presence at the time of the assault and any knowledge of the attack, during an
inquiry by the HRCSL (Sri Lanka Brief, 2022). Even though he was suspended for the assault, he was
reinstated after being found not guilty based on a confidential, internal inquiry conducted by the
police.
In June 2022, journalist Tharindu Uduwaragedara was summoned to the CID without clear
reasoning for the summons except that it was related to his YouTube channel (International
Federation of Journalists, 2022). More recently in July 2023, he was dragged out of a three-wheeler,
According to Emergency Regulation 2, a ‘Competent Authority’ is defined as ‘any person appointed by name, or by office,
by the President to be a competent authority’
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