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Contents

Part IV · Measures Against Online Communication of Prohibited Statements in Sri Lanka

24. Applying for a court order to prevent circulation of prohibited statements

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

(1)

Any person affected by the communication of any prohibited statement may apply to the Magistrate’s Court by way of petition and affidavit to obtain an order to prevent the circulation of such information.

(2)

Upon considering such application, the Magistrate may issue a conditional order to such person or the internet service provider or internet intermediary on whose online location such prohibited statement has been communicated.

(3)

The order made under subsection (2) may contain, inter alia-

(a)

the name of the person who is required to stop communication of the prohibited statement with immediate effect; and

(b)

any other order as the Magistrate deems fit.

(4)

(a)

The order made under subsection (2) shall be deemed to be served, where it is served by personal service, sent by post to the last known address of such person, or served by electronic means to such person, or by such other appropriate method ordered by the Magistrate depending on the nature of the case.

(b)

The order made under subsection (2) shall be deemed to be served by electronic means where such order 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.

(5)

The person against whom a conditional order is made under subsection (2) shall either comply with such order or appear before the Magistrate as specified in subsection (6)

to show cause as to why the order shall not be made absolute.

(6)

Where the person against whom a conditional order is made under subsection (2) intends to show cause, such person shall appear before the Magistrate making that order within a period of two weeks of making such order and move to have the order set aside or modified in the manner hereinafter provided.

(7)

If the person against whom an order is made under subsection (2) neither complies with the order nor appears before the Magistrate under subsection (6), such person shall be liable to the penalty specified in subsection (9) and the order shall be made absolute.

(8)

(a)

Where such person appears before the Magistrate in terms of subsection (6), to show cause by way of petition and affidavit, the Magistrate shall hold an inquiry which shall be concluded within two weeks of the date of commencement of the inquiry.

(b)

The Magistrate may, having regard to the facts stated by the person against whom the conditional order is made under subsection (2), either move to have the order set aside or modified, if the Magistrate is satisfied that the order made under this section is not reasonable and proper, and make an appropriate order subject to the provisions of this Act.

(c)

If the Magistrate is not so satisfied, the order made under subsection (2) shall be made absolute.

(d)

Where the order under subsection (2) is modified under paragraph (b), such order shall be made absolute.

(9)

Where the person against whom any order is made under this section fails to comply with such order within the period and in the manner ordered by the Magistrate, such person commits an offence and shall on conviction be liable to imprisonment for a term not exceeding five years or to a fine not exceeding two million rupees and the Magistrate may order the Commission to take steps to -

(a)

disable access by end users in Sri Lanka to the online location containing such communication of the prohibited statement in Sri Lanka; or

(b)

remove the relevant communication of the prohibited statement in Sri Lanka from the online location containing such communication.

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