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Contents

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

27. Exemption from liability of internet service providers in certain cases

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

(1)

Subject to the provisions of any other written law and the provisions of subsection (2), a person who engages in providing the following services shall have no liability in relation to the communication of a prohibited statement circulated through the online location owned, operated or controlled by such person, or for making available to the end users through such online location a communication link which contains any prohibited statement by any other party, which amounts to an offence under this Act or for any compensation payable for any wrongful loss caused to any person by such communication:-

(a)

an internet intermediary service;

(b)

a telecommunication service;

(c)

a service of giving public access to the internet;

(d)

a computing resource service;

(e)

an email service, if emails are the only user-generated content enabled by such service;

(f)

a short message service or multimedia messaging service -

(i)

if such short messages are the only user-generated content enabled by such service;

(ii)

if such multimedia messages are the only user-generated content enabled by such service; or

(iii)

if such short messages and multimedia messages are the only user-generated content enabled by such service; or

(g)

one-to-one live aural communication service, if such one-to-one live aural communications are the only user-generated content enabled by such service.

(2)

Where-

(a)

a false statement, prohibited statement or material communicated on any service referred to in subsection (1) has been removed within six months from the date of coming in to operation of this Act; or

(b)

any material has been uploaded or interfered with by third parties, the owner of an online account or the internet service provider shall have no liability in relation to the statement or the material referred to in paragraph (a) or (b).

(3)

The exemption from liability granted under subsection (1) shall not apply, if such person –

(a)

has initiated the communication;

(b)

has selected the end user of the communication;

(c)

has selected or modified the content of the communication; or

(d)

has not complied with the provisions of this Act, any regulation or rule made thereunder or any code of practice issued by the Commission by way of rules made under this Act, in providing such service.

(4)

Any person who fails to adhere to the relevant code of practice issued by the Commission by way of rules made under this Act, and thereby causes wrongful loss to any other person, shall be liable to pay damages by way of compensation to the person who suffered such loss.

(5)

For the purpose of this section-

“computing resource service” includes any internet service provided by a person to the public using any means except by the use of an internet intermediary service, a telecommunications service or a service of giving public access to the internet;

“telecommunication service” shall have the same meaning assigned to such term in the Sri Lanka

Telecommunications Act, No. 25 of 1991.

Part V

Declared Online Locations

Read on from Part V

Part VI

Counteracting Inauthentic Online Accounts and Coordinated Inauthentic Behaviour

Read on from Part VI

Part VII

Appointment of Experts to Assist Investigations and Their Powers

Read on from Part VII

Part VIII

Finance

Read on from Part VIII

Part IX

General

Read on from Part IX

Schedules