This report analyses the existing legal landscape on freedom of expression to examine the ways in
which online expression has been criminalised in Sri Lanka. The analysis intends to identify the key
legal applications to online expression and content, and the relationship between the State, digital
technology, and expression.
03.
METHODOLOGY
The methodology used to conduct the research included a literature review of the existing laws
and case law relating to freedom of expression in Sri Lanka and a set of key informant interviews.
Using case law and recent events, we analysed how these laws have been used to at times, curtail
fundamental freedoms, with a focus on expression in the online space. Furthermore, the laws were
categorised according to the methodology developed by SMEX and the Association for Progressive
Communications for CYRILLA, into the following groups; legal foundations, fundamental rights and
freedoms, governance of online and networked spaces, sectoral laws, and other laws. At the initial
stage of the research, Sri Lanka did not have specific legislation addressing online expression.
Therefore, the key informant interviews with experts in the field helped us gain a better
understanding of how the existing legislation would apply in regulating the online sphere. We
were able to identify five thematic areas which are dissent and assembly, media freedom,
ethno-religious issues, gender and sexual identity, and contempt of court and the report entails a
discussion on freedom of expression in the digital space focusing on these themes.
Since the enactment of the OSA, which aims to criminalise expression in the online sphere, we had
to take into account its possible impact on freedom of online expression. However, since it is yet to
be seen in action, the analysis of it is limited to our interpretation of the provisions and the key
informants’ views.
- 07 -