Janaka Ratnayake’s Online Safety Act Appeal Sparks Debate

COLOMBO (News 1st); Janaka Ratnayake, the former chairman of the Public Utilities Commission, recently declared his intention to run for the presidency.

However, today he found himself at the Colombo Magistrate’s Court, seeking relief under the Online Safety Act.

In this legal matter, the Bar Association of Sri Lanka intervened as a concerned party.

Their central argument rested on the assertion that the relief sought by Ratnayake, stemming from the Online Safety Act, could not be granted.

What is the legal action filed by Janaka Ratnayake?

Janaka Ratnayake has lodged a case before the Colombo Magistrate’s Court, stemming from an incident involving his former personal assistant.

This former employee, a female personal assistant, allegedly divulged details of Janaka Ratnayake’s private life on social media platforms, including WhatsApp and YouTube.

Several other parties have been named as respondents. Among them are two YouTube activists, various social activists, and the companies behind WhatsApp and YouTube themselves.

Ratnayake seeks relief to prevent further dissemination of personal information via social media channels.

His plea extends to obtaining an order from the Online Safety Commission to take appropriate action in this matter.

Furthermore, he insists that WhatsApp and YouTube, as intermediaries responsible for publishing the contentious information, be compelled to remove it.

Previously, the Colombo Magistrate’s Court issued a conditional order, instructing the respondents to refrain from disclosing any relevant information.

What develoments are taking place surrounding this legal battle?

Today, the Colombo Additional Magistrate, Tharanga' Mahawatta, revisited the case.

Lawyers representing the respondent former female employee expressed their intention to raise preliminary objections concerning the legal authority to hear this matter before the Magistrate Court.

President's Counsel Kalinga Indratissa, appearing for Janaka Ratnayake, clarified that hsi faction had no objection to the initial protest.

Meanwhile, President's Counsel Kaushalya Navaratne, the President of the BASL, representing the Bar Association of Sri Lanka, shed light on the case’s context, noting that it had been filed under Section 24 of the recently enacted Online Safety Act, which significantly impacts people’s freedom of speech and expression.

President's Counsel Kaushalya Navaratne emphasized the BASL's intervention aims to safeguard citizens’ rights to articulate their thoughts and opinions.

President's Counsel Kaushalya Navaratne noted that crux of the matter lies in whether this new act is being misapplied by prosecuting it under criminal law, and whether the citizens’ fundamental freedoms being unduly restricted.

In defense of the respondents, a panel of lawyers, including President's Counsel Saliya Peiris and Nalinda Indratissa, appeared in court.

The case is slated to reconvene on the second of May.