place in policy formulation. As much as criminal law is used to respond to online gender-based violence and violations of bodily autonomy, it cannot be used to curtail legitimate expression of sexual and gender identities. Laws regulating the online space that are enacted on the pretext of protecting women and children serve no purpose if women, children, and queer people have to worry about freely existing online. They must protect the freedom of expression online for women, queer people and children by refraining from censoring their online expression and content relating to sexual and reproductive health. 08. CONTEMPT OF COURT The Sri Lankan Constitution addresses contempt of court, with the Supreme Court deriving its authority primarily from Article 105(3) of the Constitution. This provision, when read alongside Article 136, grants the Supreme Court broad rule-making powers. Specifically, Article 105(3) empowers the Supreme Court to both establish rules regarding contempt and to punish contempt, whether it occurs within or outside the court’s confines. These wide powers have been subject to criticism as there is virtually unlimited discretion accorded to the Supreme Court to adjudicate in contempt matters (Asian Human Rights Commission, 2022). It’s essential to juxtapose these powers with the fundamental right to freedom of speech and expression, including publication, as articulated in Article 14(1) (a) of the Constitution, which acts as a crucial counterbalance to the authority of the Supreme Court in matters of contempt. The jurisdiction of the Supreme Court over contempt, therefore, is theoretically circumscribed by the protections afforded by the fundamental right to freedom of speech and expression. The law on contempt of court in Sri Lanka was not codified in a single piece of legislation till the enactment of the Contempt of Court, Tribunal or Institution Act No. 8 of 2024 (CCA). Despite the long absence of specific legislation on contempt of court till now, Sri Lanka has a wealth of jurisprudence emanating from the judiciary regarding contemptuous behaviour. However, the lack of a dedicated legislative framework meant that the understanding and application of contempt laws were often subject to interpretation, leading to inconsistencies, ambiguities and arbitrariness in its enforcement. Dr. Gehan Gunatilleke, highlighted the need for a more refined approach to the contempt law in Sri Lanka, emphasising the necessity to distinguish between different types of contempt based on their nature (G. Gunatilleke, personal communication, 10 January, 2024). The CCA includes provisions designed to balance freedom of expression and contempt, and Sections 3(2)(d)(ii) and (iii), interpreted alongside the term “publish”3 extend the Act’s scope to Contempt of a court, Tribunal or Institution Act 2024, Section 16; ‘Publish’ means, to disseminate, distribute, exhibit, provide or communicate by oral, visual, written, electronic or other means including by way of newspaper, radio, television or through the use of the internet or other online communication system, to the public at large or a member of the public, and includes causing to be published, and “publication” is to be construed accordingly. 3 - 24 -