Features
Technical Overview of Online Safety Act
Eng. Rohana Palliyaguru
Former Chief Operating Officer,
Sri Lanka Computer Emergency Readiness Team
In 2018, “EUROPOL” headquartered in Hague, Netherlands, a key organization established to prevent and combat serious internationally organized crimes, cybercrime and terrorism, had clearly defined the difference between cyber-dependent crimes and cyber-enabled crimes . As defined by them, any crime that can only be committed using computers, computer networks or other forms of information communication technology was named as cyber-dependent crimes and traditional crimes facilitated by the Internet and digital technology were categorized as cyber-enabled crimes. So, there are two categories of cybercrimes and these definitions are internally accepted.
Illicit intrusion and hacking into computer networks, disruption of computer functionality with the spread of viruses or other malware and Distributed Denial of Service (DDoS) attacks which can paralyze service delivery by computers are some examples for cyber-dependent crimes.
Some Cyber-enabled crimes are child sexual exploitation, fraud/scams,blackmail, extortion etc.
In the Sri Lankan context, Computer Crime Act No. 24 of 2007 has already provided necessary legislative provisions for tackling most of the cyber-dependent crimes.
Issues related to content such as defamation, harassment, misinformation, impersonation occur not only through online means but also through the use of other traditional means (electronic or print media). Hence, such things fall under cyber-enabled crimes. Sri Lanka has adequate laws to cobat such cyber-enabled traditional crimes. If not, the relevant legislation should be amended accordingly. It is not appropriate to make separate laws for such crimes considering only internet media, and doing so becomes very suspicious.
Hence, the objective of the Online Safety Act itself is problematic.
Also, naming the Act as Online Safety Act is also meaningless because its scope is very narrow. Otherwise it should be drafted in such a way to cover both types of cybercrimes mentioned above. But it is not so. Only provisions related to cyber-enabled crimes are mentioned in this act. These are often content related issues. Since the Act has given priority to regulating social media, I think it is appropriate to change its name to Social Media Regulation Act.
While drafting this Act, it appears that no inputs from information technology experts had been obtained as many of the provisions included are not practical. For example, provisions sought to be enforced through global Internet intermediaries are not enforceable because the Sri Lankan market is too small for them to bother about and we do not have the bargaining power necessary to ensure enforcement. This should have been pointed out by IT expert but that does not seem to have happened. If the global service providers decide to exit the Sri Lankan market due to those provisions, it will severely affect the country’s economy as well as social harmony.
This Online Security Act will have a huge impact on the freedom of expression of Sri Lankan citizens. The power to determine false/true statements and declare them as prohibited has been given to five people in a population of 21 million. These five who cannot be considered politically independent will be nominated and appointed by the President with the approval of the Constitutional Council. This will have a major impact on the independence and impartiality of the commission as the President is empowered to nominate politically biased loyalists at will. The power to remove them at any time has also been given to the President. Reasons for doing so has not bee specified in the Act itself. Affected members are only given an opportunity to state their case at a hearing and there is no appeal process.
As disqualification for appointment as a member of the commission, the Act mentions financial or other interest of such a member that may adversely impact the implementation of the commission’s functions. But there is no mention of required political independence of such members. It is essential that such a member cannot have a conflict of interest with Internet service providers, social network service providers, Internet intermediaries, but that is not mentioned here.
Although the Commission has been entrusted with wide powers and duties, there are many practical obstacles to carrying them out. It appears that the provisions have been included without adequate technical study or consultation. These practical problems will arise with implementation and the results will experience in the future.
The extent to which Internet Service Providers (ISPs) and Internet Intermediaries will comply with orders of the commission directly depends on the bargaining power we have as a country. We do not have the bargaining power of India, Japan or China. Our population of about 21 million is not a huge market that wields such influence. Also, global Internet intermediaries that provide various services have already introduced community standards to regulate the contents on their platforms which are currently in operation. Through that, they have also implemented a certain level of regulation in their platforms. It is unlikely that they will agree to carry out directives of a commission in a small country going beyond global community standards they have introduced.
ISPs only provide access to the Internet and are not concerned or responsible for its content or what users browse through the connection. It is therefore ludicrous to issue directives to the ISPs to provide opportunities to affected parties to respond to content deemed prohibited by a commission here. The ISPs have no control over such matters.
Persons making prohibited statements must be specifically identified before being notified to stop making such statements. Who is going to do that ? Also, in order to specifically identify a particular person it is essential to obtain privacy related data from the relevant social media service provider or Internet intermediary. Since every global service provider is obliged to protect the privacy of their users (via privacy policies), it is doubtful that they would override their privacy policies and provide that information to the commission.
The commission can issue notices to the Internet intermediaries to remove prohibited content from their online platform or block the content to users in Sri Lanka.But as I mentioned above, they will remove or block them only if the content is contrary to their policies. In such a case, the commission can only block the whole platform (eg: facebook) through Internet service providers in Sri Lanka. This is unfair to all users in Sri Lanka and as a result there is a danger that internet intermediaries may also withdraw from providing services to our country.
When internet intermediaries have the ability to automatically check whether some content violates their community standards through complex processes using modern technology such as artificial intelligence (AI algorithms), how far will they accept the recommendations made by the commission to remove prohibited statements?This should be thought of practically.
It has been proposed to maintain an online portal containing information to give the public an understanding of the falsity of a certain statement. This is funny because the public can get more information from lot of other independent sources and come to their own conclusions than referring to the information provided via this portal.
A team with expertise in information technology is required to carry out investigations that may be necessary for the execution of the Commission’s powers and duties. Who is going to do this? Does the Commission have a permanent internal investigation team?
It is not practical to register Global Internet Intermediaries in such a manner as may be specified by the rules made by this Act. We are a bankrupt country without enough market or bargaining power to enforce such provisions. Therefore, this provision should be reconsidered.
In order to specifically identify a person who has made a false statement, it is essential to obtain personally identifiable information (PII) from Internet intermediaries. How practical is this? As I mentioned above, will they provide the information requested by the Commission? Even if that is granted, how can the legal action be taken if the person is outside Sri Lanka? Will ISPs in overseas provide relevant data to the Commission for investigations?
Also, a fact that is true at one moment may be false at another. Even if a provocation or riot occurred on the basis of a truthful statement, it is also possible that the commission later defines it as a false statement because of the riots.
Disruption of a religious assembly by a true statement may later become a false statement because of the fact that the incident did not occur. For example, the Easter bomb attack may not happen because of a statement spread predicting it can happen on that day and disturbs religious gatherings. But since the bomb blast did not happen, later the above statement can be interpreted as a false statement justifying that it was made purposely to disturb the said religious meetings.
Outrage of religious feelings is a very sensitive matter and there should be a balance of freedom of expression and its limitations. One’s beliefs regarding a religion may be contrary to another’s and how should the right to express it be? For example, is it an insult to a religion and a false statement to declare that there is no one called God?
Cheating doesn’t just happen online. Other traditional methods are also widely used for that. Therefore, it is more appropriate to introduce a law that is common to all or to update an existing law rather than make legal provisions limited to online media.
Impersonating doesn’t just happen online either. This fraud can also be done by using fake documents. Therefore, the existing laws should have been updated to cover online methods as well.
The provisions of this Act regarding child abuse should have been made by updating other existing Acts such as the Child Protection Act, and not by highlighting them as an offenses due to the medium of the Internet. Online techniques are just one plaform through which child abuse occurs.
Although it is possible to obtain an order requiring disclosure of information relating tho those making statements using a fake online account or bot, as I have mentioned several times above, it is doubtful to what extent Internet intermediary service providers will cooperat due to their existing privacy policies. If there was an international law in this regard, this may have been easy.But we know from past experience that obtaining privacy related information through cyber security conventions is not practical.
This Act exempts ISPs from liability in case something is uploaded or interfered with by a third party. It is not necessary to say this because it is not their responsibility. As stated earlier, if those who drafted the Bill had recognized the role of Internet service providers, such a provision would not have been provided.
Global Internet Intermediary Service Providers will not take action on content unless it violates existing community standards. It is also unlikely that they will appear in our courts to resolve content related issues.
I feel that it is required to re-think whether those global Internet intermediaries agree to the various conditions stipulated in Section 29 of the Act. Internet intermediary service providers are well aware that fake online accounts and organized counterfeiting occur through their platforms. But, they have not taken drastic measures to ban them completely, often to protect freedom of expression and individual identity. They also do not hesitate to cancel such accounts if they violate their community standards. It is unlikely that they will implement the Commission’s directives to ban fake accounts.
Finally, it must be mentioned that this is not an Act introduced with the broad objective of creating security online, but one aimed at controlling content on the Internet. In the future, we can experience the impact of this on the freedom of expression of the people as well as the economy and social activism.
by Dr Gotabhya Ranasinghe
Senior Consultant Cardiologist
National Hospital Sri Lanka
When we sought a meeting with Hon Dr. Ramesh Pathirana, Minister of Health, he graciously cleared his busy schedule to accommodate us. Renowned for his attentive listening and deep understanding, Minister Pathirana is dedicated to advancing the health sector. His openness and transparency exemplify the qualities of an exemplary politician and minister.
Dr. Palitha Mahipala, the current Health Secretary, demonstrates both commendable enthusiasm and unwavering support. This combination of attributes makes him a highly compatible colleague for the esteemed Minister of Health.
Our discussion centered on a project that has been in the works for the past 30 years, one that no other minister had managed to advance.
Minister Pathirana, however, recognized the project’s significance and its potential to revolutionize care for heart patients.
The project involves the construction of a state-of-the-art facility at the premises of the National Hospital Colombo. The project’s location within the premises of the National Hospital underscores its importance and relevance to the healthcare infrastructure of the nation.
This facility will include a cardiology building and a tertiary care center, equipped with the latest technology to handle and treat all types of heart-related conditions and surgeries.
Securing funding was a major milestone for this initiative. Minister Pathirana successfully obtained approval for a $40 billion loan from the Asian Development Bank. With the funding in place, the foundation stone is scheduled to be laid in September this year, and construction will begin in January 2025.
This project guarantees a consistent and uninterrupted supply of stents and related medications for heart patients. As a result, patients will have timely access to essential medical supplies during their treatment and recovery. By securing these critical resources, the project aims to enhance patient outcomes, minimize treatment delays, and maintain the highest standards of cardiac care.
Upon its fruition, this monumental building will serve as a beacon of hope and healing, symbolizing the unwavering dedication to improving patient outcomes and fostering a healthier society.We anticipate a future marked by significant progress and positive outcomes in Sri Lanka’s cardiovascular treatment landscape within the foreseeable timeframe.
by Fr. Emmanuel Fernando, OMI
Jesuit Fr. Aloysius Pieris (affectionately called Fr. Aloy) celebrated his 90th birthday on April 9, 2024 and I, as the editor of our Oblate Journal, THE MISSIONARY OBLATE had gone to press by that time. Immediately I decided to publish an article, appreciating the untiring selfless services he continues to offer for inter-Faith dialogue, the renewal of the Catholic Church, his concern for the poor and the suffering Sri Lankan masses and to me, the present writer.
It was in 1988, when I was appointed Director of the Oblate Scholastics at Ampitiya by the then Oblate Provincial Fr. Anselm Silva, that I came to know Fr. Aloy more closely. Knowing well his expertise in matters spiritual, theological, Indological and pastoral, and with the collaborative spirit of my companion-formators, our Oblate Scholastics were sent to Tulana, the Research and Encounter Centre, Kelaniya, of which he is the Founder-Director, for ‘exposure-programmes’ on matters spiritual, biblical, theological and pastoral. Some of these dimensions according to my view and that of my companion-formators, were not available at the National Seminary, Ampitiya.
Ever since that time, our Oblate formators/ accompaniers at the Oblate Scholasticate, Ampitiya , have continued to send our Oblate Scholastics to Tulana Centre for deepening their insights and convictions regarding matters needed to serve the people in today’s context. Fr. Aloy also had tried very enthusiastically with the Oblate team headed by Frs. Oswald Firth and Clement Waidyasekara to begin a Theologate, directed by the Religious Congregations in Sri Lanka, for the contextual formation/ accompaniment of their members. It should very well be a desired goal of the Leaders / Provincials of the Religious Congregations.
Besides being a formator/accompanier at the Oblate Scholasticate, I was entrusted also with the task of editing and publishing our Oblate journal, ‘The Missionary Oblate’. To maintain the quality of the journal I continue to depend on Fr. Aloy for his thought-provoking and stimulating articles on Biblical Spirituality, Biblical Theology and Ecclesiology. I am very grateful to him for his generous assistance. Of late, his writings on renewal of the Church, initiated by Pope St. John XX111 and continued by Pope Francis through the Synodal path, published in our Oblate journal, enable our readers to focus their attention also on the needed renewal in the Catholic Church in Sri Lanka. Fr. Aloy appreciated very much the Synodal path adopted by the Jesuit Pope Francis for the renewal of the Church, rooted very much on prayerful discernment. In my Religious and presbyteral life, Fr.Aloy continues to be my spiritual animator / guide and ongoing formator / acccompanier.
Fr. Aloysius Pieris, BA Hons (Lond), LPh (SHC, India), STL (PFT, Naples), PhD (SLU/VC), ThD (Tilburg), D.Ltt (KU), has been one of the eminent Asian theologians well recognized internationally and one who has lectured and held visiting chairs in many universities both in the West and in the East. Many members of Religious Congregations from Asian countries have benefited from his lectures and guidance in the East Asian Pastoral Institute (EAPI) in Manila, Philippines. He had been a Theologian consulted by the Federation of Asian Bishops’ Conferences for many years. During his professorship at the Gregorian University in Rome, he was called to be a member of a special group of advisers on other religions consulted by Pope Paul VI.
Fr. Aloy is the author of more than 30 books and well over 500 Research Papers. Some of his books and articles have been translated and published in several countries. Among those books, one can find the following: 1) The Genesis of an Asian Theology of Liberation (An Autobiographical Excursus on the Art of Theologising in Asia, 2) An Asian Theology of Liberation, 3) Providential Timeliness of Vatican 11 (a long-overdue halt to a scandalous millennium, 4) Give Vatican 11 a chance, 5) Leadership in the Church, 6) Relishing our faith in working for justice (Themes for study and discussion), 7) A Message meant mainly, not exclusively for Jesuits (Background information necessary for helping Francis renew the Church), 8) Lent in Lanka (Reflections and Resolutions, 9) Love meets wisdom (A Christian Experience of Buddhism, 10) Fire and Water 11) God’s Reign for God’s poor, 12) Our Unhiddden Agenda (How we Jesuits work, pray and form our men). He is also the Editor of two journals, Vagdevi, Journal of Religious Reflection and Dialogue, New Series.
Fr. Aloy has a BA in Pali and Sanskrit from the University of London and a Ph.D in Buddhist Philosophy from the University of Sri Lankan, Vidyodaya Campus. On Nov. 23, 2019, he was awarded the prestigious honorary Doctorate of Literature (D.Litt) by the Chancellor of the University of Kelaniya, the Most Venerable Welamitiyawe Dharmakirthi Sri Kusala Dhamma Thera.
Fr. Aloy continues to be a promoter of Gospel values and virtues. Justice as a constitutive dimension of love and social concern for the downtrodden masses are very much noted in his life and work. He had very much appreciated the commitment of the late Fr. Joseph (Joe) Fernando, the National Director of the Social and Economic Centre (SEDEC) for the poor.
In Sri Lanka, a few religious Congregations – the Good Shepherd Sisters, the Christian Brothers, the Marist Brothers and the Oblates – have invited him to animate their members especially during their Provincial Congresses, Chapters and International Conferences. The mainline Christian Churches also have sought his advice and followed his seminars. I, for one, regret very much, that the Sri Lankan authorities of the Catholic Church –today’s Hierarchy—- have not sought Fr.
Aloy’s expertise for the renewal of the Catholic Church in Sri Lanka and thus have not benefited from the immense store of wisdom and insight that he can offer to our local Church while the Sri Lankan bishops who governed the Catholic church in the immediate aftermath of the Second Vatican Council (Edmund Fernando OMI, Anthony de Saram, Leo Nanayakkara OSB, Frank Marcus Fernando, Paul Perera,) visited him and consulted him on many matters. Among the Tamil Bishops, Bishop Rayappu Joseph was keeping close contact with him and Bishop J. Deogupillai hosted him and his team visiting him after the horrible Black July massacre of Tamils.
Sri Lanka-Singapore Free Trade Agreement
By Gomi Senadhira
senadhiragomi@gmail.com
“You might tell fairy tales, but the progress of a country cannot be achieved through such narratives. A country cannot be developed by making false promises. The country moved backward because of the electoral promises made by political parties throughout time. We have witnessed that the ultimate result of this is the country becoming bankrupt. Unfortunately, many segments of the population have not come to realize this yet.” – President Ranil Wickremesinghe, 2024 Budget speech
Any Sri Lankan would agree with the above words of President Wickremesinghe on the false promises our politicians and officials make and the fairy tales they narrate which bankrupted this country. So, to understand this, let’s look at one such fairy tale with lots of false promises; Ranil Wickremesinghe’s greatest achievement in the area of international trade and investment promotion during the Yahapalana period, Sri Lanka-Singapore Free Trade Agreement (SLSFTA).
It is appropriate and timely to do it now as Finance Minister Wickremesinghe has just presented to parliament a bill on the National Policy on Economic Transformation which includes the establishment of an Office for International Trade and the Sri Lanka Institute of Economics and International Trade.
Was SLSFTA a “Cleverly negotiated Free Trade Agreement” as stated by the (former) Minister of Development Strategies and International Trade Malik Samarawickrama during the Parliamentary Debate on the SLSFTA in July 2018, or a colossal blunder covered up with lies, false promises, and fairy tales? After SLSFTA was signed there were a number of fairy tales published on this agreement by the Ministry of Development Strategies and International, Institute of Policy Studies, and others.
However, for this article, I would like to limit my comments to the speech by Minister Samarawickrama during the Parliamentary Debate, and the two most important areas in the agreement which were covered up with lies, fairy tales, and false promises, namely: revenue loss for Sri Lanka and Investment from Singapore. On the other important area, “Waste products dumping” I do not want to comment here as I have written extensively on the issue.
1. The revenue loss
During the Parliamentary Debate in July 2018, Minister Samarawickrama stated “…. let me reiterate that this FTA with Singapore has been very cleverly negotiated by us…. The liberalisation programme under this FTA has been carefully designed to have the least impact on domestic industry and revenue collection. We have included all revenue sensitive items in the negative list of items which will not be subject to removal of tariff. Therefore, 97.8% revenue from Customs duty is protected. Our tariff liberalisation will take place over a period of 12-15 years! In fact, the revenue earned through tariffs on goods imported from Singapore last year was Rs. 35 billion.
The revenue loss for over the next 15 years due to the FTA is only Rs. 733 million– which when annualised, on average, is just Rs. 51 million. That is just 0.14% per year! So anyone who claims the Singapore FTA causes revenue loss to the Government cannot do basic arithmetic! Mr. Speaker, in conclusion, I call on my fellow members of this House – don’t mislead the public with baseless criticism that is not grounded in facts. Don’t look at petty politics and use these issues for your own political survival.”
I was surprised to read the minister’s speech because an article published in January 2018 in “The Straits Times“, based on information released by the Singaporean Negotiators stated, “…. With the FTA, tariff savings for Singapore exports are estimated to hit $10 million annually“.
As the annual tariff savings (that is the revenue loss for Sri Lanka) calculated by the Singaporean Negotiators, Singaporean $ 10 million (Sri Lankan rupees 1,200 million in 2018) was way above the rupees’ 733 million revenue loss for 15 years estimated by the Sri Lankan negotiators, it was clear to any observer that one of the parties to the agreement had not done the basic arithmetic!
Six years later, according to a report published by “The Morning” newspaper, speaking at the Committee on Public Finance (COPF) on 7th May 2024, Mr Samarawickrama’s chief trade negotiator K.J. Weerasinghehad had admitted “…. that forecasted revenue loss for the Government of Sri Lanka through the Singapore FTA is Rs. 450 million in 2023 and Rs. 1.3 billion in 2024.”
If these numbers are correct, as tariff liberalisation under the SLSFTA has just started, we will pass Rs 2 billion very soon. Then, the question is how Sri Lanka’s trade negotiators made such a colossal blunder. Didn’t they do their basic arithmetic? If they didn’t know how to do basic arithmetic they should have at least done their basic readings. For example, the headline of the article published in The Straits Times in January 2018 was “Singapore, Sri Lanka sign FTA, annual savings of $10m expected”.
Anyway, as Sri Lanka’s chief negotiator reiterated at the COPF meeting that “…. since 99% of the tariffs in Singapore have zero rates of duty, Sri Lanka has agreed on 80% tariff liberalisation over a period of 15 years while expecting Singapore investments to address the imbalance in trade,” let’s turn towards investment.
Investment from Singapore
In July 2018, speaking during the Parliamentary Debate on the FTA this is what Minister Malik Samarawickrama stated on investment from Singapore, “Already, thanks to this FTA, in just the past two-and-a-half months since the agreement came into effect we have received a proposal from Singapore for investment amounting to $ 14.8 billion in an oil refinery for export of petroleum products. In addition, we have proposals for a steel manufacturing plant for exports ($ 1 billion investment), flour milling plant ($ 50 million), sugar refinery ($ 200 million). This adds up to more than $ 16.05 billion in the pipeline on these projects alone.
And all of these projects will create thousands of more jobs for our people. In principle approval has already been granted by the BOI and the investors are awaiting the release of land the environmental approvals to commence the project.
I request the Opposition and those with vested interests to change their narrow-minded thinking and join us to develop our country. We must always look at what is best for the whole community, not just the few who may oppose. We owe it to our people to courageously take decisions that will change their lives for the better.”
According to the media report I quoted earlier, speaking at the Committee on Public Finance (COPF) Chief Negotiator Weerasinghe has admitted that Sri Lanka was not happy with overall Singapore investments that have come in the past few years in return for the trade liberalisation under the Singapore-Sri Lanka Free Trade Agreement. He has added that between 2021 and 2023 the total investment from Singapore had been around $162 million!
What happened to those projects worth $16 billion negotiated, thanks to the SLSFTA, in just the two-and-a-half months after the agreement came into effect and approved by the BOI? I do not know about the steel manufacturing plant for exports ($ 1 billion investment), flour milling plant ($ 50 million) and sugar refinery ($ 200 million).
However, story of the multibillion-dollar investment in the Petroleum Refinery unfolded in a manner that would qualify it as the best fairy tale with false promises presented by our politicians and the officials, prior to 2019 elections.
Though many Sri Lankans got to know, through the media which repeatedly highlighted a plethora of issues surrounding the project and the questionable credentials of the Singaporean investor, the construction work on the Mirrijiwela Oil Refinery along with the cement factory began on the24th of March 2019 with a bang and Minister Ranil Wickremesinghe and his ministers along with the foreign and local dignitaries laid the foundation stones.
That was few months before the 2019 Presidential elections. Inaugurating the construction work Prime Minister Ranil Wickremesinghe said the projects will create thousands of job opportunities in the area and surrounding districts.
The oil refinery, which was to be built over 200 acres of land, with the capacity to refine 200,000 barrels of crude oil per day, was to generate US$7 billion of exports and create 1,500 direct and 3,000 indirect jobs. The construction of the refinery was to be completed in 44 months. Four years later, in August 2023 the Cabinet of Ministers approved the proposal presented by President Ranil Wickremesinghe to cancel the agreement with the investors of the refinery as the project has not been implemented! Can they explain to the country how much money was wasted to produce that fairy tale?
It is obvious that the President, ministers, and officials had made huge blunders and had deliberately misled the public and the parliament on the revenue loss and potential investment from SLSFTA with fairy tales and false promises.
As the president himself said, a country cannot be developed by making false promises or with fairy tales and these false promises and fairy tales had bankrupted the country. “Unfortunately, many segments of the population have not come to realize this yet”.
(The writer, a specialist and an activist on trade and development issues . )
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