Opposition MP Ravi Karunanayake has submitted a motion to Parliament seeking the repeal of the Online Safety Act, No. 9 of 2024, citing concerns over its impact on Sri Lanka’s preferential trade concessions (GSP+) from the European Union. The motion, titled the Bill to Repeal the Online Safety Act, was gazetted on April 8.
Karunanayake explained in an interview with BBC Sinhala that the proposal was aimed at protecting the GSP+ trade concessions, which are critical to the country’s economic stability.
“I submitted this to protect our Labor GSP. If it is lost, everything will be over. The law is not applied equally to everyone. If those who have power can do it, then the police are just there. So it needs to be fixed, or it needs to be repealed and a new one brought in,” he said.
He also noted that repealing the Online Safety Act is among the conditions laid down by the EU for the continuation of GSP+ benefits. The European Union Election Observation Mission, in its final report on Sri Lanka’s 2024 Presidential Election, similarly called for the removal of restrictive laws, including the Online Safety Act and the Prevention of Terrorism Act, to uphold freedom of expression.
Government’s Response
Health and Mass Media Minister Nalinda Jayatissa responded to Karunanayake’s proposal by stating that the government is already working on amending the Online Safety Act.
“Maybe it will be completely different. There may be new amendments as well,” said Cabinet Spokesperson Nalinda Jayatissa, confirming that several ministries are collaborating to propose changes.
Background of the Online Safety Act
The Online Safety Act, initially introduced by former Public Security Minister Tiran Alles, was designed to combat online fraud, violence against women, and child abuse. It was passed by a majority in Parliament on January 24, 2024, and came into effect on February 1.
However, the Act faced significant opposition. More than 50 petitions were filed before the Supreme Court challenging its constitutionality. The Court ruled that certain sections required a special majority, but with specific amendments made during the Committee Stage, the Act could be passed by a simple majority.
Despite civil society groups, activists, and several political parties urging then-Speaker Mahinda Yapa Abeywardena not to approve the bill until Supreme Court directives were strictly followed, the Speaker gave his approval.
Following its enactment, multiple Fundamental Rights petitions were filed, including by Transparency International Sri Lanka, arguing that the passage of the law was procedurally flawed. The new government has since pledged to bring forward amendments, with the matter pending further review by the Supreme Court on June 23.
Cases Under the Act
Several legal cases have already invoked the Online Safety Act:
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Former Public Utilities Commission Chairman Janaka Ratnayake secured an injunction against his former secretary, preventing her from sharing his personal information on social media and other platforms—the first known use of the Act.
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Retired Major General Ashoka Thoradeniya also obtained an injunction against a man named Indrananda Silva to stop him from publishing material about him on electronic, print, or social media.
