Project Elicit - Freedom of Speech in Sri Lanka

 Freedom of Speech in Sri Lanka: The Role of Social and Legal Accountability

Freedom of speech is a fundamental right in Sri Lanka, enshrined in Article 14(1)(a) of the Constitution, which guarantees the right to freely express opinions. However, this right is not absolute and is subject to restrictions in the interest of national security, public order, racial and religious harmony, and morality. The recent enactment of the Online Safety Act (2024) has reignited the debate about the balance between freedom of expression and the need to protect individuals and society from harmful speech.

This document explores the current situation of freedom of speech in Sri Lanka, examining the roles of both social and legal accountability in ensuring that freedom is exercised responsibly and without harm to others.

Current Situation of Freedom of Speech in Sri Lanka

Sri Lanka's Constitution provides for the freedom of speech, but it also allows for restrictions to be imposed in specific circumstances. The introduction of the Online Safety Act in January 2024 has been a significant development in regulating online content, addressing issues such as misinformation, online hate speech, and cyberbullying.

The Act empowers the government to monitor and regulate online speech, particularly targeting false or harmful content. While its intent is to safeguard public safety and prevent harm caused by online misinformation, the law has sparked concerns among civil society groups, journalists, and political activists. They fear that it may lead to censorship, limit free expression, and suppress dissenting voices, especially during times of political unrest.

Sri Lanka’s media environment has historically been challenged by political pressures, media ownership, and self-censorship. The media landscape often struggles to maintain objectivity in the face of political and corporate influence. This situation makes it crucial to establish clear boundaries that protect freedom of speech without stifling legitimate discourse.

The Need for Accountability in Speech

For freedom of speech to flourish without causing harm, individuals must be accountable for their words. Both social and legal accountability are needed to ensure that speech does not violate others' rights or contribute to the spread of harmful misinformation.

Social Accountability:

Promoting Responsibility in Communication: In Sri Lanka, there is a need to foster a culture of responsible speech, especially in online spaces. Social accountability means individuals should be mindful of the impact their words may have on others, particularly in a diverse and

sensitive society like Sri Lanka, where ethnic and religious tensions can be exacerbated by inflammatory speech.

Education and Awareness: Raising awareness about the consequences of hate speech, false information, and incitement to violence is essential. The education system, media outlets, and civil society organizations can play a role in encouraging respectful and fact-based

communication.

Cultural and Ethical Norms: Sri Lanka’s unique cultural and religious diversity requires that people practice speech that fosters social harmony. In this context, social accountability can help maintain peace and encourage constructive dialogue between different communities.

Legal Accountability:

Addressing Harmful Speech: While social responsibility plays a vital role, legal accountability is essential when individuals deliberately spread harmful speech that incites violence, hatred, or misinformation. The Online Safety Act attempts to address such issues by creating legal

mechanisms to regulate harmful online content.

Protection of Public Order and National Security: Legal frameworks should be designed to protect public safety, prevent hate speech, and ensure that speech does not threaten national security. However, the challenge lies in ensuring that these laws do not infringe on the legitimate right to free expression.

Checks and Balances: Sri Lanka’s legal system must provide clear and transparent processes for the regulation of speech. Laws should not be overly broad or vague, as this can lead to the abuse of power and the suppression of dissent. Effective checks and balances are necessary

to protect individuals from arbitrary actions by authorities.

The Balance Between Social and Legal Accountability in Sri Lanka

Striking a balance between social and legal accountability is critical to maintaining freedom of speech in Sri Lanka’s unique environment. Both aspects complement each other:

Social Accountability: Encouraging individuals to recognize the impact of their words and to engage in respectful, responsible communication is vital. The media, civil society, and education systems can help foster a culture that values social harmony and responsible

expression.

Legal Accountability: Legal frameworks, such as the Online Safety Act, play an important role in curbing speech that has the potential to cause harm, particularly in online platforms where misinformation spreads rapidly. However, laws must be carefully crafted to avoid infringing

on the right to free expression and to ensure they are used fairly and transparently.

Freedom of speech is an essential pillar of democracy in Sri Lanka. However, for this freedom to be meaningful, individuals must be held accountable for their speech. Both social and legal accountability are necessary to prevent harm caused by hate speech, misinformation, and incitement to violence.

Sri Lanka's diverse and complex social fabric requires a nuanced approach that balances the right to express opinions with the need to protect public order and national security. By promoting responsible speech through social norms and ensuring legal protections against harmful content, Sri Lanka can create an environment where free expression flourishes without threatening the social harmony and well-being of its citizenzs.

- By W . L . D. Thilanka -