Online Safety Act

• Coming into Force: 01 February 2024
• Year: 2024
• Act Number: 9
• Citation: No. 9 of 2024

AN ACT TO ESTABLISH THE ONLINE SAFETY COMMISSION; TO PROVIDE SAFETY FROM PROHIBITED STATEMENTS MADE ONLINE; TO PREVENT THE USE OF ONLINE ACCOUNTS AND INAUTHENTIC ONLINE ACCOUNTS FOR PROHIBITED PURPOSES; TO MAKE PROVISIONS TO IDENTIFY AND DECLARE ONLINE LOCATIONS USED FOR PROHIBITED PURPOSES IN SRI LANKA; TO SUPPRESS THE FINANCING AND OTHER SUPPORT OF COMMUNICATION OF PROHIBITED STATEMENTS AND FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO.BE it enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows:-

Short title1. This Act may be cited as the Online Safety Act No. 9 of 2024.

Application of the Act2. The provisions of this Act shall apply where - (a) a person commits an offence under this Act in respect of a citizen of Sri Lanka, while being present in Sri Lanka or outside Sri Lanka;(b) a loss, damage or harm is caused within or outside Sri Lanka by the commission of an offence under this Act, to the State or to a person resident in Sri Lanka; or(c) an offence under this Act, wherever committed, is committed by a person who is a citizen of Sri Lanka.

Objectives of the Act3. The objectives of this Act shall be- (a) to protect persons against harm caused by communication of prohibited statements, by way of an online account or through an online location;(b) to ensure protection from communication of statements in contempt of court or prejudicial to the maintenance of the authority and impartiality of the judiciary, by way of an online account or through an online location;(c) to introduce measures to detect, prevent and safeguard against the misuses of online accounts and bots to commit offences under this Act; and(d) to prevent the financing, promotion and other support of online locations which repeatedly communicate prohibited statements in Sri Lanka, by way of online account or through an online location.

PART IESTABLISHMENT OF THE ONLINE SAFETY COMMISSION

Establishment of the Online Safety Commission4. (1) There shall be established a Commission, which shall be called the Online Safety Commission (hereinafter referred to as the "Commission").(2) The Commission shall, by the name assigned to it by subsection (1), be a body corporate with perpetual succession and a common seal, and may sue and be sued in such name.(3) The Commission shall exercise and perform the powers and functions assigned to it under this Act for the purpose of achieving the objectives of this Act.

Appointment of the members of the Commission5. (1) The Commission shall consist of five members appointed by the President, subject to the approval of the Constitutional Council, from among the persons having qualifications and experience in one or more of the fields of information technology, law, governance, social services, journalism, science and technology or management.(2) Subject to the provisions of section 6, the President shall recommend the names of five persons to be appointed as members of the Commission under subsection (1), to the Constitutional Council for approval.(3) The President shall, within a period of fourteen days of receiving the approval of the Constitutional Council, appoint the persons approved by the Constitutional Council under subsection (2) as members of the Commission.(4) Where the Constitutional Council refuses to approve the name of a person referred to in subsection (2), the President shall make a fresh nomination, and the provisions of subsections (1), (2), and (3) shall apply to such nomination accordingly.(5) In the event of the President failing to make the necessary appointments within the period of fourteen days as specified in subsection (3), the persons approved by the Constitutional Council shall be deemed to have been appointed as the members of the Commission, with effct from the date of the expiry of such period.

Disqualification for being appointed as a member6. A person shall be disqualified from being appointed or continuing as a member of the Commission, if such person- (a) is elected or appointed as a Member of Parliament, a Member of a Provincial Council or a Member of a local authority;(b) is not or ceases to be a citizen of Sri Lanka;(c) directly or indirectly holds or enjoys an entitlement or benefit under an agreement entered by or on behalf of the Commission;(d) has any financial or other interest that may adversely impact the implementation of the functions as a member of the Commission;(e) absents himself from attending three consecutive meetings of the Commission, without a valid reason;(f) has been discovered or declared as a person of unsound mind under any law effective in Sri Lanka or in any other country;(g) a person who, having been declared an insolvent or a bankrupt under any law in Sri Lanka or in any other country, is an undischarged insolvent or bankrupt; or(h) has been sentenced or received an order for a term of imprisonment imposed by any court in Sri Lanka or in any other country.

Resignation, removal and term of office of members of the Commission7. (1) A member of the Commission may resign from office by letter in that behalf addressed to the President, and such resignation shall take effect from the date on which the resignation is accepted in writing by the President.(2) A member of the Commission may be removed from his office by the President, subject to the approval of the Constitutional Council following a hearing of the relevant member where such person- (a) is unable to exercise, perform and discharge the powers, duties and functions of such office because of an infirmity of body or mind that has lasted for more than a period of three months;(b) has failed to exercise, perform and discharge the powers, duties and functions of such office for a cosecutive period of more than three months without the approval of the Commission; or(c) is disqualified in terms of the provisions of section 6.(3) Any hearing under subsection (2) shall be concluded within three months from the date of commencement of such hearing.(4) Upon the receipt of the approval of the Constitutional Council, the President shall, in writing, remove such member of the Commission, and shall state in the letter of removal- (a) the date on which the removal shall take effect which shall not be a date earlier than the date on which the letter of removal is received; and(b) the reasons for the removal.(5) Any member of the Commission may be suspended from the office by the President prior to the commencement of the hearing or during the course of the hearing under subsection (2).(6) The term of office of a member of the Commission shall be three years from the date of appointment.(7) Where a member of the Commission vacates office by death, resignation or other cause, the President shall appoint, having regard to the provisions of sections 5 and 6, another eligible person in such member’s place, and the person so appointed shall hold office for the unexpired period of the term of office of the member whom such person succeeds.(8) A member of the Commission whose term of office is due to end otherwise than by removal, shall be eligible for reappointment for not more than one further term of office, whether consecutive or otherwise.(9) Members of the Commission shall be paid such remuneration as may be determined by a resolution of Parliament and such remuneration shall be charged to the Fund of the Commission.

Chairman of the Commission8. (1) The President shall appoint one of the members of the Commission to be the Chairman of the Commission (hereinafter referred to as the "Chairman").(2) The Chairman may resign from the office of Chairman by letter in that behalf addressed to the President and the resignation shall take effect from the date on which it is accepted, in writing, by the President.(3) The Chairman shall cease to be the Chairman, if disqualified to be a member of the Commission in terms of section 6.(4) The term of office of the Chairman shall be three years.(5) The Chairman shall not, on vacation of the office of Chairman, be eligible for reappointment as Chairman.(6) Without prejudice to the provisions of this section, the Chairman shall, within one month of being appointed as the Chairman, nominate a member in writing, to be the Deputy Chairman to discharge the functions of the Chairman during his absence from office due to illness or any other cause.

Meetings of the Commission9 (1) The Chairman shall summon all meetings of the Commission. Any member of the Commission may, by written notice, request the Chairman to call a meeting of the Commission and the Chairman shall not otherwise than for good reason, refuse to do so.(2) The Commission may decide any matter, which is determined by the Chairman to be urgent with the agreement of the majority of the members.(3) The Chairman shall preside at all meetings of the Commission and in the absence of the Chairman at any meeting, the Deputy Chairman shall preside at such meeting.(4) The quorum for a meeting of the Commission shall be three members including the Chairman. In the absence of the Chairman, the quorum shall be three members including the Deputy Chairman.(5) All matters for decision by the Commission shall be decided by a majority of the votes of the members of the Commission present and voting at the meeting at which the decision is taken. The decision so supported by the votes of a majority of the members of the Commission on any matter shall be deemed to be the decision of the Commission on that matter.(6) All decisions of the Commission, supported by reasons, shall be in writing and the seal of the Commission affixed thereto in accordance with paragraph (c) of section 10.(7) In case there is an equality of votes on any matter to be decided by the Commission, the Chairman...