Harsha questions logic behind govt. move to introduce online safety bill

… warns that it could potentially damage both investment prospects and freedom of expression

SJB MP and Chair of the Committee on Public Finance, Harsha de Silva, on Tuesday (19), criticised the government’s move to introduce the online safety bill, calling it an “archaic and draconian piece of legislation” that violates fundamental principles and represents a significant overreach by the government.

Dr. de Silva said the bill could potentially damage both investment prospects and freedom of expression in Sri Lanka. The main issue with the bill was the creation of a commission appointed by the President, tasked with determining the veracity of online content, Dr. de Silva, said questioning the credibility of such a commission when the government itself has been accused of misleading the public.

“How can a government notorious for disseminating misinformation claim the moral high ground in discerning truth from falsehood?” he asked.

MP de Silva said his critique is grounded in the potential ramifications of this bill. He pointed out that global tech giants such as Google, TikTok, Meta (formerly Facebook), and others are unlikely to comply with laws that impose restrictions on their operations and force them to police content based on arbitrary judgments.

“This begs the question, can a financially troubled country with an authoritarian regime realistically dictate terms to some of the world’s largest tech companies? The online safety bill imposes unfair obligations on platforms to police content over and above what is necessary and lacks foresight in considering future technological advancements, such as AI and its role in verifying authenticity”.

He raises a valid concern that these restrictive laws could drive these major tech players away from Sri Lanka, “thereby contradicting the government’s apparent desire to attract foreign investment,” he said.

MP de Silva said “On one hand, you want them to come and invest, and on the other, you’re bringing legislation to curb their operations. This is a major contradiction.” It is a contradiction that could have far-reaching implications for Sri Lanka’s economic growth and technological progress, he said.

MP de Silva said one can’t ignore the fundamental importance of the right to express views freely—a cornerstone of any democratic society. The government committee’s power to determine the veracity of content and force platforms to remove it is an affront to this fundamental freedom, he said. The SJB MP said it is essential to recognize that a government-appointed committee cannot effectively discern truth from falsehood in an era where information flows across borders at the speed of light.

The SJB MP also said the future of communication and content moderation will heavily rely on artificial intelligence and sophisticated algorithms. Imposing archaic legislation that doesn’t account for these advancements is not only backward-looking but also hinders Sri Lanka’s potential to adapt to the evolving digital landscape.

“It’s worth noting that tech companies already have their own community guidelines in place and are vigilant in ensuring their platforms are free from hate speech, harassment, and other forms of harmful content. Therefore, the government’s heavy-handed intervention seems unnecessary and counterproductive. Sri Lanka must carefully reconsider the consequences of such an overreaching law and seek a balanced approach that respects both the rights of its citizens and the needs of its digital economy. In an increasingly interconnected world, it is vital to navigate these challenges with wisdom and foresight, rather than resorting to draconian measures that stifle progress and liberty,” he said.