Online Safety Act 2024 · As enacted · Part IV · Measures Against Online Communication of Prohibited Statements in Sri Lanka
23. Providing information to the Commission on communication of prohibited statement
Official English translation. The Sinhala text prevails. Open the official Sinhala text, official PDF on documents.gov.lk
Official translationFrom Department of Government Printing, unchanged
A person aggrieved by the communication of a prohibited statement which is seen, heard or otherwise perceived by the users of internet based communication services (in this Act referred to as the “end users”) in
Sri Lanka, by any other person, may either in writing or in electronic form, make a complaint providing information pertaining to such communication to the Commission.
The Commission shall designate such number of information officers from among the staff of the Commission as the Commission may deem necessary, from time to time, to receive information in relation to communication of a prohibited statement for the purpose of subsection (1).
Every complaint shall set out all available details of the person or persons responsible for the making or communicating the prohibited statement, including, where available, details pertaining to the Universal Resource
Locator (hereinafter referred to as the “URL”) or other identifying features of the location or number from which the prohibited statement was communicated or published, and such other details as may be prescribed.
Where it is possible to do so, the complainant shall serve a copy of the complaint to the person or persons making or communicating the prohibited statement and any internet service provider or internet intermediary.
In the event, the information necessary to give such notice as aforesaid is not available, the complainant shall specify the absence of such information in the complaint.
A written acknowledgement of the receipt, including a receipt in electronic form, of such information shall be immediately issued by the information officer on behalf of the Commission.
Where the Commission is of the opinion that sufficient material exists that a prohibited statement has been communicated, the Commission shall carry out investigations through the officers of the Commission.
During such investigations, an opportunity to be heard shall be given to the person alleged to have communicated such prohibited statement.
If the Commission is satisfied, that sufficient material exists that a prohibited statement has been communicated, it may, taking into consideration the seriousness of the matter and the likelihood of damage or harm caused by such prohibited statement, issue notice to the person who communicated such prohibited statement, to take measures to prevent the circulation of such prohibited statement.
A person to whom a notice has been issued under paragraph (a) shall comply with such notice immediately but not later than twenty four hours from such notice.
Notice referred to in paragraph (a), shall be deemed to be served, where it is served by personal service, sent by post to the last known address of the person who communicated such prohibited statement, or served by electronic means to such person, or served by such other appropriate method adopted by the Commission depending on the nature of the case.
Notice referred to in paragraph (a) shall be deemed to be served by electronic means where such notice is sent to such person’s email address or social media account, or internet service provider or internet intermediary on whose online location such prohibited statement has been communicated.
Where any person fails to comply with a notice issued under subsection (6) within twenty four hours of such notice, the Commission shall issue a notice to the internet service provider or internet intermediary on whose online location such prohibited statement has been communicated-
to disable access by the end users in Sri Lanka to such prohibited statement; or
to remove such prohibited statement from such online location, as the case may be, for the period specified in such notice.
The internet service provider or internet intermediary to whom a notice has been issued under subsection (7) shall comply with such notice within twenty four hours from the issuance of such notice.
Where-
a person fails to act in accordance with the provisions of paragraph (b) of subsection (6); or
an internet service provider or internet intermediary fails to act in accordance with the provisions of subsection (8), the Commission may apply to the Magistrate’s Court by way of petition and affidavit to obtain an order directing such person or internet service provider or internet intermediary, as the case may be, to comply with such provisions and the provisions of section 24, shall mutatis mutandis, apply in relation to such application.
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