Dilini Silva takes responsibility for Duminda's FB profile: 'The act still wrong', say legal experts

A day after the Daily News published information about activity on Duminda Silva’s Facebook profiles, his sister Dilini Silva responded saying it was she who administered the former parliamentarian’s Facebook accounts.

‘Please note Duminda Silva Facebook page and accounts are administered and updated by me (Dilini Silva - His Sister),’ a post on one of the former parliamentarian’s Facebook profiles read.

The ‘Intro’ on all of the former parliamentarian’s Facebook profiles had also been edited to read ‘Administered by Dilini Silva’ – which fact was not evident at the outset, but committed in retrograde, after the publishing of the Daily News article.

The former parliamentarian, currently serving a death sentence for the murder of former MP Bharatha Lakshman Premachandra, is held under the strictest prison conditions and should not be allowed access to the outside world.

However, continued activity and propaganda on the former parliamentarian’s personal Facebook profiles have caused furore, with sections of the public asking if the former parliamentarian had been allowed access to a mobile or other device, in direct contravention of the law.

Dr. Prathiba Mahanamahewa, the former Dean at the Faculty of Law at the Kotelawala Defence University and former Commissioner of Human Rights told Daily News yesterday, that any activity on the MPs personal Facebook profiles were indeed illegal.

“There are two ways in which this kind of activity is possible,” he said. “One is that the former parliamentarian has been given access to a device while inside the prison – which is an offence and prison officials must be held responsible.”

“The second is that some other third party is posting on behalf of the former parliamentarian – which begs the question: How would a third party have access to content from the former parliamentarian, if not through the prison?”, he asked.

Former parliamentarian Duminda Silva’s sister Dilini Silva has now taken responsibility for the activity on all of the former parliamentarian’s Facebook profiles and pages, but, while discrediting the Daily News’ knowledge of digital enterprise, has failed to take cognizance of the functional difference(s) between a Facebook ‘profile’ and a Facebook ‘page’.

‘Any Facebook page can nominate a number of administrators to handle the accounts’ - Dilini Silva had said, ‘And anyone who isn't aware of this, need to educate themselves on digital technology.’

The Daily News article however is centered on the controversy brewing around activity on the incarcerated former parliamentarians personal Facebook ‘profiles’ – not his public Facebook ‘pages’ – which can be managed by a third party, social media team or any number of specified administrators.

Dr. Prathiba Mahanamahewa was yesterday mindful of that fact that for someone – a third party – Duminda Silva’s sister Dilini Silva in this case – to post on the former parliamentarian’s personal Facebook profiles on behalf of the former parliamentarian, was still wrong.

“If a third party is updating on behalf of the former parliamentarian, the CID must investigate it,” Dr. Mahanamahewa said. “They must find out on whose authority this party is updating the former parliamentarian’s Facebook profiles, and investigate if an affidavit of authority was given to these people, to act on the former parliamentarian’s behalf.”

It is clear that by posting on ‘personal’ Facebook profiles owned by former parliamentarian Duminda Silva, on behalf of former parliamentarian Duminda Silva and in the name of former parliamentarian Duminda Silva, his sister Dilini Silva, is in the wrong.

If an affidavit of authority exists that gives Duminda Silva’s sister Dilini Silva the authority to act on his behalf on Facebook and other public social media, it would be interesting to know if such authority was given to Dilini Silva after the former parliamentarian was incarcerated for the murder of former MP Bharatha Lakshman Premachandra, or before.