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Contents

Part III · Prohibition of Online Communication of False Statements

20. Communicating statements to cause harassment & c

Official English translation. The Sinhala text prevails. Open the official Sinhala text, official PDF on documents.gov.lk

(1)

Any person, whether in or outside Sri Lanka who wilfully makes or communicates a statement, with intention to cause harassment to another person (in this section referred to as the “target person”), by publishing any private information of the target person or a related person of the target person, and as a result causes the target person or any other person harassment, commits an offence and shall on conviction be liable to imprisonment for a term not exceeding five years or to a fine not exceeding five hundred thousand rupees and in the event of a second or subsequent conviction, such term of imprisonment or fine or both such imprisonment and fine may be doubled.

(2)

For the purpose of this section-

(a)

“private information” means personal information, including any image, audio or video details, that any person may reasonably expect to remain private, but does not include any information that may be evidence of the commission of any other offence;

and

(b)

“harassment” means an act or behaviour which has the effect of threatening, alarming or distressing a person or violating a person’s dignity or creating an intimidating, degrading, hostile, humiliating or offensive environment or, which has all such effects.

Illustrations-

(a)

X and Y were formerly in a relationship which has since ended.

X writes a post on a social media platform including Y’s photographs and personal mobile number, intending to cause harassment to Y by facilitating the identification or enabling others to contact Y. Y did not see the post, but receives and is harassed by telephone calls and short messages via short message service from strangers (who have read the post) propositioning

Y for sex. X is guilty of an offence under this section in relation to such post.

(b)

X and Y were formerly in a relationship which has since ended.

X posts a photograph of Y in the possession of X which Y could reasonably have expected to remain private. X is guilty of an offence under this section in relation to such post.

Part IV

Measures Against Online Communication of Prohibited Statements in Sri Lanka

Part V

Declared Online Locations

Part VI

Counteracting Inauthentic Online Accounts and Coordinated Inauthentic Behaviour

Part VII

Appointment of Experts to Assist Investigations and Their Powers

Part VIII

Finance

Part IX

General

Schedules