Online Safety Act 2024 · As enacted · Part VI · Counteracting Inauthentic Online Accounts and Coordinated Inauthentic Behaviour
32. Counteracting inauthentic online accounts and coordinated inauthentic behaviour
Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.
Official translationFrom Department of Government Printing, unchanged
If the conditions in subsection (2) are satisfied, the
Commission may issue a notice in writing to an internet intermediary, requiring it to do one or both of the following, for the period specified in such notice: -
to refrain from permitting its services from being used to communicate any prohibited statement in
Sri Lanka through one or more specified online accounts; or
to refrain from permitting any person from using one or more specified online accounts to interact with any end user of its internet intermediary service in Sri Lanka.
The conditions referred to in subsection (1) shall be, as follows:-
such online account or accounts shall have been created with the internet intermediary in respect of which the notice under subsection (1) is issued;
either a prohibited statement has been communicated in Sri Lanka using the specified online account or coordinated inauthentic behaviour has been carried out in Sri Lanka using the specified online account; and
the Commission has determined that the online account is an inauthentic online account or is controlled by a bot.
The notice shall be deemed to be served on the internet intermediary, if it is served by personal service, sent by post to the last known address of such internet intermediary, or served by electronic means to such person, or by any other method deemed proper by the Commission depending on the nature of the case.
Where a notice issued under subsection (1) has not been complied with, the Commission shall submit an application to the Magistrate’s Court. Upon considering such application the Magistrate may issue a conditional order on the internet intermediary containing the directions applied for by the Commission under subsection (1).
An Order made under subsection (4) shall specify that it has effect-
indefinitely; or
for a specified period not exceeding three months.
The order made under subsection (4) shall be deemed to be served on the internet intermediary 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.
The internet intermediary against whom a conditional order is made under subsection (4) shall either comply with such order or appear before the Magistrate as specified in subsection (8) 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 (4) 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:
Provided however, any internet intermediary against whom a conditional order is made under subsection (4) 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.
If the internet intermediary against whom an order is made under subsection (4) neither complies with the order nor appears before the Magistrate under subsection (8) he shall be liable to the penalty specified in subsection (11)
and the order shall be made absolute.
Where such internet intermediary appears before the Magistrate in terms of subsection (8) 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 (4), 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 (4) shall be made absolute.
Where the order under subsection (4) is modified under paragraph (b), such order shall be made absolute.
Where the internet intermediary 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, such person commits an offence and shall on conviction be liable to imprisonment for a term not exceeding seven years or to a fine not exceeding ten million rupees, and the Magistrate may make an order directing the
Commission to take steps to enforce such order by preventing access to the prohibited statement within Sri Lanka, notwithstanding anything contrary in any other law.
Part VII
Appointment of Experts to Assist Investigations and Their Powers
Part VIII
Finance
Part IX