Online Safety Act 2024 · As enacted · Part IV · Measures Against Online Communication of Prohibited Statements in Sri Lanka
25. Disclosure of identity information
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
Where any person is aggrieved by the communication of a prohibited statement and the information necessary to serve a copy of the complaint under subsection (3) of section 23 is not available, such person shall specify the absence of such information in the complaint made under subsection (1) of section 23.
In the event of the receipt of a complaint referred to in subsection (1), the Commission shall make an application to the Magistrate’s Court by way of petition and affidavit seeking a conditional order directing the internet intermediary on whose online location such prohibited statement was communicated, to disclose the information regarding the identity of the person who communicated the prohibited statement.
The Magistrate may upon being satisfied that –
the statement was a prohibited statement;
the order is sought for the sole purpose of identifying the person who communicated such prohibited statement; and
the order is a proportionate and necessary response in all of the circumstances of the matter before the
Court, taking into consideration whether the petitioner’s right to disclosure of the information is outweighed by any countervailing right or interest of the person sought to be identified, issue the order sought by the Commission.
The order made under subsection (3) may contain, inter alia-
the name of the internet intermediary which is required to disclose the information sought; and
any other order as the Magistrate deems fit.
The order made under subsection (3) shall be deemed to be served, where it is served by personal service, sent by post to the last known address of the internet intermediary, or served by electronic means to such internet intermediary, or by such other appropriate method ordered by the Magistrate depending on the nature of the case.
The order made under subsection (3) shall be deemed to be served by electronic means where such order is sent to the email address or social media account, of the internet intermediary on whose online location such prohibited statement has been communicated.
The internet intermediary against whom a conditional order is made under subsection (3) shall either comply with such order or appear before the Magistrate as specified in subsection (7) to show cause as to why the order shall not be made absolute.
Where the internet intermediary against whom a conditional order is made under subsection (3) intends to show cause, it 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.
If the internet intermediary against whom an order is made under subsection (3) neither complies with the order nor appears before the Magistrate under subsection (7), it shall be liable to the fine specified in subsection (10) and the order shall be made absolute.
Where such internet intermediary appears before the court in terms of subsection (7) 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.
The Magistrate may, having regard to the facts stated by the internet intermediary against whom the conditional order is made under subsection (3), either move to have the order set aside or modified, if the Magistrate is satisfied that the order under this section is not reasonable and proper, make an appropriate order subject to the provisions of this
Act.
If the Magistrate is not so satisfied, the order made under subsection (3) shall be made absolute.
Where the order under subsection (3) is modified under paragraph (b), such order shall be made absolute.
Where the internet intermediary 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 shall be liable to a fine not exceeding ten million rupees.
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