THE NEW APPARATUS TO INFRINGE ON FREEDOM OF EXPRESSION The government’s new approach focuses more on regulating online expression. This isn’t to suggest that existing laws haven’t already been used to infringe upon individuals’ freedom of expression, as evidenced by past incidents. The introduction of the OSA provides another avenue for prosecuting individuals for online behaviours, although Government encroachments on people’s rights existed before this legislation. Dr. Gunatilleke claims that the codification of the OSA which defines specific offences related to online expression will undoubtedly influence how individuals interact on digital platforms (G. Gunatilleke, personal communication, 10 January 2024). The government’s intended objectives will likely be realised by potentially deterring individuals like Razik or Sathkumara from expressing their thoughts or creations in online spaces. In 2023, IGP Deshabandu Tennakoon created a specialised unit inside the Computer Crime Investigation Division of the police to investigate allegations of religious hate crimes perpetrated through social media channels (New Unit: Important Notice for All Social Media Users From Police, 2023). The unit’s intention, as outlined in its email which contains the word ‘religious’ (ccid.religious@police.gov.lk), marks the government’s latest effort to curb freedom of expression online. In light of all these incidents, it becomes apparent that freedom of expression, particularly on religious or ethnic expression in Sri Lanka, has been stifled, especially on online platforms. These cases reflect a broader trend where individuals are targeted and prosecuted for expressing views that challenge or diverge from mainstream religious narratives or ideologies. The involvement of Buddhist religious figures as complainants underscores the significant influence they wield in shaping public discourse and influencing legal proceedings. Such limitations on freedom of expression will hinder individual rights and threaten the pluralistic nature of Sri Lankan society, perpetuating a culture of censorship and even self-censorship. - 20 -

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