01.
SITUATING FREEDOM OF EXPRESSION
IN SRI LANKA
With the rapid evolution of the digital sphere, traditional boundaries of free(dom of ) expression
have been traversed. The Internet and social media companies like Google, Microsoft, X (formerly
Twitter) and Meta, hold much influence over what we know as the information ecosystem. For
countries in the ‘global South’ such as Sri Lanka, the internet in many ways has provided avenues to
connect and engage beyond physical borders, language differences, and racialised geopolitics.
This technological infrastructure has also heightened the fact that freedom of expression entails
the right to receive, seek and share information through any given media (International Covenant
on Civil and Political Rights, 1966).
Sri Lanka’s post-colonial history is pockmarked with contradicting narratives around race, religion,
class, caste, and gender. The country has a vivid history of struggle, dissent, and campaigns of
crackdowns, predominantly affecting ethnically minoritised Tamils and Muslims, and the
economically disadvantaged. The increased digital penetration across the country means that
these domestic conflicts now transcend national boundaries.
The unfettered expansion of free expression into the digital sphere continues to challenge the
State’s position as an arbiter of information. Legislating around the use of the internet—particularly
social media—has become a rite of passage for South Asian states now, often with deeply
problematic implications on freedom of expression, dissent, assembly, privacy, and religious belief.
Sri Lanka’s legal regime around expression in the digital space is situated within the broader
regional context, specifically its geographical neighbours and aspirational models of
‘development’ in India and Singapore, respectively.
In India, the Information Technology Act of 2000 (amended in 2008) is criticised for its lack of clear
and precise definitions for terms such as “cyber-terrorism”, “data breach”, and “cyber threat” and for
not establishing a comprehensive framework to safeguard personal data and privacy. The
subsequent Digital Personal Data Protection Act passed in 2023 was modelled on the European
Union’s General Data Protection Regulation and stipulates the capability to provide exemptions to
the Central Government and does not provide criteria to counter excessive surveillance practices
and the exemptions provided legally enable the Government to continue its practice of
surveillance.
Singapore has long remained an aspirational model of development for Sri Lanka, and more recent
comments about legislating on cyberspace have also referenced the Southeast Asian State
(Ranasinghe, 2020). The country has several laws including the Computer Misuse Act of 1993,
Cybersecurity Act of 2018, Personal Data Protection Act of 2012, Protection from Online Falsehoods
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