Issuing a statement regarding the police media release on circulation of fake news, photographs, videos causing disunity, hate and obstructing the COVID-19 programme, the Bar Association of Sri Lanka (BASL) emphasized that the authorities should not use such laws to suppress genuine expressions of dissent and criticism.
The police circular contained a warning that the Criminal Investigation Department (CID) and the Computer Crimes Division of the Sri Lanka Police will be conducting investigations by monitoring the internet for violators, in order to enforce the law. The circular warned the public to refrain from spreading fake news and aiding or abetting the same.
However, the BASL announced that it has no objection to enforcing laws relating to hate speech and incitement to violence, but it reiterated that it is important to ensure that authorities do not use such laws to stifle genuine expressions of dissent and criticism.
The BASL feared that circular could be misused by police officers in order to stifle freedom of speech and expression which is a fundamental right enshrined in the Constitution.
“The BASL is apprehensive of members of the executive including the police being allowed to decide on what is or is not fake news and on the basis of their subjective decisions to cause arrests and detention of persons.
The BASL is deeply concerned that the provisions of the laws mentioned in the circular, could be misused by police officers in order to stifle the freedom of speech and expression which is a fundamental right enshrined in the Constitution. At the time where the country remains under travel restrictions as a result of the Covid-19 pandemic it is essential that the freedom of speech and expression of the people and their right to dissent and disagree are protected,” the statement issued under the signature of BASL Secretary Rajeev Amarasuriya said.
The BASL further said the Supreme Court has recognized that the right to comment on public issues and criticize public officials and public institutions is essential for the exercise of civil and political freedoms so valued by democratic society.
“It would be consistent with due respect for democratic values and freedoms, for any decision to arrest without warrant to be resorted to keeping in mind the spirit of preserving fundamental freedoms and the need to avoid suppressing or oppressing the right to free expression of views.
In our view this would be better achieved, if any decision to arrest or charge any person is taken only after careful due consideration and professional assessment that there is a real and reasonable prospect of an alleged offence in law being committed, with advice from the Attorney General as may be warranted in the relevant context,” the BASL said.
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