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Part V · Declared Online Locations

28. Declared online locations

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

(1)

The Commission may declare an online location as a “declared online location”, if-

(a)

three or more different prohibited statements have been communicated to the end users in Sri Lanka on such online location in respect of which conditional orders were made absolute by the

Magistrate under section 24; and

(b)

at least three of such statements had first been communicated to the end users in Sri Lanka on such online location within six months prior to the date of a declaration under this section is made.

(2)

For the purposes of paragraph (a) of subsection (1), a statement is different from another if it is different in a material particular from that other statement.

(3)

A declaration made under this section shall contain-

(a)

the URL, domain name, or any other unique identifier of the online location;

(b)

the relevant orders made by the Magistrate’s Court;

(c)

the date on which the declaration comes into effect;

(d)

the date on which the declaration expires which must not be later than two years after the date referred to in paragraph (c);

(e)

a notice for the owner or operator of the online location whether in or outside Sri Lanka to communicate in such manner as may be specified in the declaration, to any end user in Sri Lanka who accesses the online location, a notice in such form as may be specified in such declaration, that the online location is the subject of a declaration; and

(f)

such other particulars as may be prescribed.

(4)

A declaration made under this section may expire-

(a)

on the date specified therein, in accordance with paragraph (d) of subsection (3); or

(b)

on the date it is cancelled or set aside by the

Commission, whichever is earlier.

(5)

As soon as possible after a declaration is made and before the date it comes into effect, the Commission shall publish, in such form and manner as may be prescribed, a notice in the Gazette -

(a)

stating that a declaration has been issued under this section; and

(b)

setting out the URL, domain name, or any other unique identifier of the online location, to which the declaration relates.

(6)

(a)

The declaration shall be deemed to be served, if the declaration is served by personal service, sent by post to the last known address of such owner or operator of the online location, or served by electronic means to such person, or by such other appropriate method adopted by the

Commission, depending on the nature of the case.

(b)

The declaration shall be deemed to be served by electronic means where such declaration is sent to the email address or social media account of the owner or operator of the online location through which such prohibited statement has been communicated.

(7)

Where any owner or operator of a declared online location fails to comply with the notice to communicate a notice as referred to in paragraph (e) of subsection (3), the

Commission or any person authorised by the Commission may apply to the Magistrate for an order directing owner or operator to-

(a)

disable access by the end users in Sri Lanka to such declared online location;

(b)

to communicate to all end users in Sri Lanka who access such declared online location, a notice declaring that the online location is the subject of a declaration; and

(c)

any other order as the Magistrate deems fit.

(8)

Upon considering such application, the Magistrate may make a conditional order on the owner or operator of a declared online location containing the directions applied by the Commission under subsection (7).

(9)

The order made under subsection (8) may contain, inter alia-

(a)

the name of the owner or operator of a declared online location who is required to disable access by the end users in Sri Lanka to the declared online location;

(b)

the manner of communicating the notice referred to in paragraph (e) of subsection (3); and

(c)

the period within which such notice shall be published after the service of the order.

(10)

The order made under subsection (8) shall be deemed to be served on the owner or operator of a declared online location against whom the order is made, if the order is served by personal service, sent by registered post to the last known address of such person, or served by electronic means to such person, or by any other method deemed proper by the

Magistrate depending on the nature of the case and in accordance with the provisions of this Act.

(11)

The owner or operator of a declared online location against whom a conditional order is made under subsection (8) shall either comply with such order or appear before the

Magistrate as specified in subsection (12) to show cause as to why the order shall not be made absolute.

(12)

Where the owner or operator of a declared online location against whom a conditional order is made under subsection (8) 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:

Provided however, any owner or operator of a declared online location against whom a conditional order is made under subsection (8) shall be bound to comply with the order with effect from the date of making such order until such order is set aside or modified by the Magistrate in terms of the provisions of this section.

(13)

If the owner or operator of a declared online location against whom an order is made under subsection (8) neither complies with the order nor appears before the Magistrate under subsection (12) such person shall be liable to the penalty specified in subsection (15) and the order shall be made absolute.

(14)

(a)

Where such owner or operator of a declared online location appears before the Magistrate in terms of subsection (12) 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 owner or operator of a declared online location against whom the conditional order is made under subsection (8), 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, 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 (8) shall be made absolute.

(d)

Where the order under subsection (8) is modified under paragraph (b), such order shall be made absolute.

(15)

Where the owner or operator of a declared online location against whom the order is made under this section fails to comply with such order within the period and in the manner ordered by the Magistrate’s Court, such owner or operator of a declared online location commits an offence and shall on conviction be liable to imprisonment for a term not exceeding six years or to a fine not exceeding ten million rupees and Magistrate’s Court may make an order directing the Commission to take steps to disable access by the end users in Sri Lanka to the declared online location.

(16)

The Commission may at any time suspend, vary or cancel a declaration made under subsection (1) for such period as the Commission may determine-

(a)

on its own initiative; or

(b)

on an application by-

(i)

the owner or operator of the declared online location; or

(ii)

any person with editorial control over the online location.

(17)

For the purpose of subsection (16), a person has

“editorial control over an online location” if the person is able to decide-

(a)

whether any statement may be included or excluded on the online location; or

(b)

where to place any statement on the online location.

(18)

Upon a declaration being suspended, varied or cancelled under subsection (16), the Commission shall-

(a)

publish, in such form and manner as may be prescribed, a notice of the suspension, variation or cancellation in the Gazette; and

(b)

make reasonable efforts to give a copy of such notice to the owner or operator of the declared online location.

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