Sri Lanka's Online Safety Bill: 10 Concerns

Sri Lanka's draft Online Safety Bill has sparked significant debate and concern among stakeholders, including the Asia Internet Coalition (AIC). The Bill, aimed at regulating online content, raises critical issues about internet governance and freedoms. The AIC's submission highlights several areas of concern, including regulatory independence, broad definitions, privacy implications, and potential for misuse.

The AIC is a trade association established in 2010 that primarily focuses on advocating for internet policy issues in the Asia Pacific region. They represent leading global internet companies like Amazon, Apple, Booking.com, Google, Meta, Rakuten, Twitter, and Yahoo.

The AIC's concerns primarily focus on the potential impact of the Bill on regulatory independence, its broad scope, and the risks it poses to free expression and innovation.

AIC has submitted a detailed critique and recommendations regarding Sri Lanka's draft Online Safety Bill. Here is an overview of the main concerns and suggestions:

1. Regulatory Independence: The AIC highlights concerns about the lack of regulatory independence in the proposed Online Safety Commission, noting that the Bill grants the President significant discretion in appointments. The recommendation is for a regulator with a distinct legal mandate, free of Ministerial control, and accountable to a broad spectrum of stakeholders.
2. Extraterritorial Application: The AIC points out the lack of clarity on whether the Bill is intended to have extraterritorial application and recommends that it should not, to avoid conflicts with foreign laws and disadvantages for Sri Lankan businesses.
3. Broad Definition of Intermediaries: The AIC criticizes the overbroad definition of intermediaries in the bill, which risks over-regulating a wide range of services, from simple websites to social media platforms.
4. Vague and Broad Terminology: The Bill's vague definitions, particularly concerning prohibited statements, create unpredictability and inconsistencies. Clear definitions are essential for efficient content moderation.
5. Registration Requirement: The Bill's requirement for internet platforms to register with the Online Safety Commission is seen as an administrative burden that could discourage providers and stifle free expression.
6. Conditional Safe Harbour: The AIC argues that the Bill's restrictive safe harbour provisions fail to provide adequate liability limitations for platforms.
7. Turnaround Times and Appeals: The document raises concerns about impractical turnaround times for content moderation and the lack of an appeals process for affected persons.
8. User Data and System Access: Concerns are raised about broad rights for the Commission to access sensitive user data, which could pose information security risks.
9. Criminal Liability: The AIC is particularly concerned about the Bill's proposal of heavy fines and imprisonment, arguing that this creates a hostile environment for business and should be removed from the Bill.
10. Duplication of Existing Laws: The submission notes that some offenses in the Bill are already covered under existing laws, leading to legal uncertainty.

These concerns point to a need for careful consideration and revision of the Bill. Ensuring a balance between online safety and the preservation of digital freedoms is crucial. As the Bill progresses through legislative channels, it's important for all parties to engage in constructive dialogue to address these concerns, aiming to create a regulatory framework that supports both safety and innovation in Sri Lanka's digital landscape.

AIC’s draft recommendations for OSB can be found here: https://aicasia.org/download/841