Tharindu Uduwaragedara, the former President of the Sri Lanka Young Journalists' Association, has taken legal action by filing a Special Determination petition with the Supreme Court. The petition challenges the constitutionality of the Online Safety Bill, which was recently introduced in Parliament.
Uduwaragedara argues that the bill should not only require a 2/3 approval from Parliament, but also a referendum by the people. The Online Safety Bill was published in the Gazette on September 15, 2023, and was subsequently placed on the Order Paper of Parliament on October 3, 2023.
One of the main concerns raised by the petitioner is the composition of the Online Safety Commission, as outlined in Clause 5 of the Bill. Unlike other independent Commissions, the members of this Commission are appointed solely by the President, without any recommendation from the Constitutional Council.
Furthermore, Uduwaragedara points out that Clauses 12 to 25 of the bill contain provisions that are overly broad, inclusive, and vague. These provisions, according to the petitioner, violate several articles of the Constitution, including Articles 3, 4(d), 10, 12(1), and 14(1)(a).
In light of these concerns, the petitioner is urging the Supreme Court to determine that the Online Safety Bill, in its entirety, is inconsistent with Articles 3, 4, 10, 12(1), and 14(1)(g) of the Constitution. The petitioner asserts that the bill should be subject to a special majority vote in Parliament and approved by the people through a referendum, as required by Articles 83 and 84(2) of the Constitution.
