The Online Safety Act, No. 9 of 2024, enacted by the Parliament of Sri Lanka, represents a significant legislative milestone in addressing the multifaceted challenges of online safety and cyber security. This act establishes a framework to mitigate risks associated with online communication, curb the misuse of digital platforms, and safeguard individual rights while promoting a secure digital environment. By creating the Online Safety Commission, the act sets the stage for structured oversight and robust regulation of digital interactions.

Objectives of the Act

The primary objectives of the act include:

1. Protecting Individuals and Institutions: Safeguarding citizens and institutions from harm caused by the dissemination of false or harmful statements online.
2. Ensuring Accountability: Preventing the misuse of online accounts and bots for malicious purposes and ensuring that offenders are held accountable.
3. Regulating Online Content: Identifying and declaring online locations that engage in prohibited activities to limit their impact.
4. Safeguarding National Security: Suppressing the financing and promotion of online content that poses a threat to national security, public health, or public order.

Key Provisions of the Act

1. Establishment of the Online Safety Commission

• The act establishes a five-member Online Safety Commission, whose members are appointed by the President with the Constitutional Council’s approval.
• Members are chosen based on expertise in areas such as information technology, law, governance, journalism, and management.
• The Commission’s primary role includes investigating complaints, issuing directives, and coordinating with legal authorities to enforce the provisions of the act.

2. Prohibition of Harmful Online Communication

• The act criminalizes the communication of “prohibited statements,” which include:
  • False statements that incite violence, disrupt public order, or threaten national security.
  • Content deemed defamatory, misleading, or harmful to individuals or communities.
• Offenders may face penalties including imprisonment for up to five years, fines up to LKR 500,000, or both.

3. Regulation of Online Platforms and Accounts

• Internet service providers and intermediaries are required to:
  • Disable access to online locations containing prohibited content.
  • Respond promptly to directives from the Commission to mitigate the spread of harmful content.
• Social media platforms hosting user-generated content must register with the Commission, ensuring compliance with prescribed codes of conduct.

4. Addressing Cybercrimes and Harassment

• Specific provisions address issues such as:
  • Online impersonation and cheating.
  • Dissemination of private information with malicious intent.
  • Harassment and disruption of lawful assemblies, including religious gatherings.
• Stringent penalties are imposed on individuals or entities found guilty of these offenses.

5. Declared Online Locations

• Repeated violations by online locations may lead to their designation as declared online locations.
• Access to such locations may be restricted, and operators can face severe penalties, including fines up to LKR 10 million and imprisonment up to six years.

6. Counteracting Inauthentic Accounts

• The act targets bots and fake accounts used for disseminating prohibited content.
• Internet intermediaries may be directed to suspend or terminate access to accounts engaging in inauthentic or coordinated deceptive activities.

7. Protection of Children

• Strict measures criminalize the exploitation of children through online platforms.
• Distribution of child-abusive material carries penalties of up to 20 years of imprisonment and fines up to LKR 1 million.

8. Financial and Operational Framework

• The Commission is provided with a dedicated fund sourced through parliamentary allocations.
• Annual audits and financial transparency are mandated to ensure accountability.

Strengths of the Act

1. Comprehensive Scope:
   • The act addresses a broad spectrum of online risks, from misinformation and harassment to cybercrimes and exploitation.
   • Provisions for international applicability ensure Sri Lankan citizens are protected globally.
2. Emphasis on Prevention:
   • By establishing the Online Safety Commission, the act emphasizes early detection and preventive measures.
3. Protection for Vulnerable Groups:
   • Special provisions safeguard children and victims of online harassment, reinforcing the act’s focus on societal well-being.
4. Transparency and Oversight:
   • Mandates regular reporting and public awareness campaigns to maintain transparency and public trust.

Potential Concerns and Criticisms

1. Ambiguity in Definitions:
   • Terms like “prohibited statements” and “false statements” lack precise definitions, leading to potential misuse or overreach.
2. Free Speech Implications:
   • The broad scope of content regulation raises concerns about censorship and the suppression of dissenting voices.
3. Implementation Challenges:
   • Ensuring adequate resources, technology, and expertise for effective enforcement could be challenging.
4. Independence of the Commission:
   • Presidential appointments may affect the perceived impartiality of the Commission.
5. Cross-Border Jurisdiction:
   • Applying the act’s provisions to Sri Lankan citizens abroad may create conflicts with international legal frameworks.

Recommendations

1. Clarify Ambiguities:
   • Define key terms like “prohibited statements” with precision to prevent arbitrary enforcement.
2. Strengthen Oversight:
   • Establish an independent oversight body to review the actions and decisions of the Commission.
3. Public Education:
   • Conduct awareness campaigns to educate citizens about their rights and responsibilities under the act.
4. Periodic Reviews:
   • Review the act periodically to align it with evolving technological and societal landscapes.
5. International Collaboration:
   • Engage with international organizations to address cross-border legal challenges and harmonize regulations.

Conclusion

The Online Safety Act, No. 9 of 2024, marks a proactive approach to addressing the complexities of the digital age in Sri Lanka. While its provisions are comprehensive and forward-looking, careful implementation is crucial to achieving its objectives without compromising fundamental rights. With the recommended refinements, the act can serve as a robust framework for ensuring online safety and fostering trust in digital interactions.

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