The Commission made this recommendation after observing a growing trend of politicians, social activists and influential figures lodging complaints with the CID and other specialised police units over allegedly false or defamatory statements made against them on various media platforms, including the internet.
In a statement, the HRCSL said the move is necessary because “allegedly defamatory statements” are not considered a criminal offence in Sri Lanka.
The Commission further called on the Inspector General of Police to issue a directive to all police stations and units clarifying that alleged false statements or defamation are not criminal offences.
The HRCSL also warned that investigations into such allegations risk obstructing freedom of expression and undermining internet security. The Commission emphasised that expressing opinions and views is a fundamental democratic right protected by the Supreme Court, and that imposing unnecessary or disproportionate restrictions on this right can create public discontent and unrest.
The Commission highlighted that, in line with international human rights standards, public representatives—including political leaders and officials—should be more tolerant of criticism than ordinary citizens. It urged such figures to refrain from relying excessively on law enforcement agencies to investigate alleged defamatory statements.
In addition, the HRCSL recommended that the Ministry of Justice keep the Online Safety Act in abeyance until it is replaced with new legislation containing appropriate provisions, noting that freedom of expression applies to all forms of communication, including online platforms.
