Opposition MP Ravi Karunanayake has presented a motion to Parliament calling for the repeal of the Online Safety Act, which he claims was passed without objections from civil society activists, political figures, journalists, and others.
Previously, Karunanayake had also proposed a private member’s motion to abolish the pension of Members of Parliament.
The motion, titled the Bill to Repeal the Online Safety Act, No. 9 of 2024, was gazetted on April 8.
The Online Safety Act, which was passed by a majority vote in Parliament on January 24, 2024, came into effect on February 1, 2024.
Why Did Ravi Karunanayake Propose the Motion?
In an interview with BBC Sinhala, Karunanayake explained that the purpose of the motion was to protect Sri Lanka’s preferential tax concession (GSP+) from the European Union.
“I submitted this motion to protect our Labor GSP. If we lose it, everything will be at risk,” he said.
Karunanayake further stated that the law is applied unevenly and that those in power can exploit it while the police remain ineffective. He suggested that either the law needs to be reformed or repealed and replaced with a new one.
He also noted that repealing the Online Safety Act is one of the conditions the European Union has set for continuing the GSP+ concessions that Sri Lanka receives.
The European Union Election Observation Mission, in its final report on the 2024 Presidential Election, also urged the government to remove restrictive laws, including the Online Safety Act and the Prevention of Terrorism Act, to ensure the protection of freedom of expression.
Government’s Response to the Motion
Health and Mass Media Minister Nalinda Jayatissa responded to Karunanayake’s proposal, stating, “We are working on amending the Online Safety Act. That’s the government’s business.”
Speaking to BBC Sinhala, the minister confirmed that several ministries are collaborating on amending the bill, and new amendments are already under consideration.
“It may undergo significant changes. There may even be entirely new amendments,” added Cabinet Spokesperson Nalinda Jayatissa.
The Bill Passed with Promises of Amendment
The Online Safety Act was introduced by former Public Security Minister Tiran Alles as a measure to prevent online fraud, violence against women, and child abuse. However, the bill faced opposition when over 50 petitions were filed challenging it in the Supreme Court under Article 121(1) of the Constitution.
The Supreme Court ruled that certain sections of the bill required approval by a special majority in Parliament, and if amended during the Committee stage, it could pass with a simple majority.
On October 18, 2023, when the petition was heard, Additional Solicitor General Viraj Dayaratne informed the Supreme Court that the government intended to amend the Online Safety Bill.
Request to the Speaker Not to Approve the Bill
After the bill’s passage, several civil society organizations, prominent activists, and political parties requested then-Speaker Mahinda Yapa Abeywardena not to approve the bill until the Supreme Court’s orders were strictly followed.
However, the former Speaker disregarded these requests and approved the Online Safety Bill.
Legal Challenges After Passage
Following the bill’s passage, several parties, including Transparency International Sri Lanka, filed fundamental rights petitions in the Supreme Court, claiming that the manner in which the bill was passed violated the law.
When these petitions were heard on February 5, 2025, Additional Solicitor General Viraj Dayaratne informed the court that the National People’s Power government intended to introduce amendments to the Online Safety Bill. He noted that steps had been taken to amend the bill under the previous government, but the process was delayed when Parliament was dissolved.
The Supreme Court bench stated that action on the petitions would be taken after reviewing the government’s progress in amending the bill, adjourning the matter until June 23, 2025.
Cases Filed Under the Online Safety Act
Several court cases are currently underway involving the enforcement of the Online Safety Act.
Former Public Utilities Commission Chairman Janaka Ratnayake filed a case against his former secretary, obtaining an injunction preventing her from publishing his personal information on social media and other platforms—this being one of the first instances of the act being enforced.
Recently, retired Major General Ashoka Thoradeniya also obtained an injunction against Indrananda Silva, preventing him from advertising or publishing anything about Thoradeniya on electronic, print, or social media.
