US remains concerned over Sri Lanka’s online law but encouraged by amendment process

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US Under Secretary for Public Diplomacy and Public Affairs Elizabeth M. Allen emphasizing a point during her speech  on ‘The Global Media Space and its Impact on Democracy’ discussion organized by the Press Club of the  Sri Lanka Press Institute on Monday (February 19, 2024) – J. Sujeewa Kumar/ENCL
By Himal Kotelawala

COLOMBO — The United States shares concerns raised by critics of Sri Lanka’s controversial Online Safety Act (OSA) on its potential for repression of free speech and impact on the country’s digital economy but is encouraged by the ongoing amendments process, a top US official said, calling for a consultative dialogue.

The US Under Secretary for Public Diplomacy and Public Affairs Elizabeth M. Allen said on Monday (19) that her government has been engaged in discussions on the recently passed legislation both publicly and privately.

“The United States shares the concerns of journalists, influencers, and content creators, as well as people everywhere on the potential for repression of freedom of expression and the stifling of dissent that the online safety bill [unclear], and we are encouraged by the amendments process,” said Allen.

She made this remark in response to a question raised by a journalist at a discussion with media professionals in Colombo on ‘Global media space and its impact on democracy’, organized by the Press Club of the Sri Lanka Press Institute.

“We also share the concerns raised by technology companies in terms of their ability to operate freely in Sri Lanka,” Allen said, adding that the issue has as much to do with said companies’ terms of service as it does with Sri Lanka’s own digital economy and its ability to thrive.

“The digital economy is seen by everybody as a means to continue building Sri Lanka’s economic future, attracting investment, and preserving freedom of expression,” she said.

However, Allen noted the US remains concerned over the legislation as it currently stands and believes it is crucial that conversations around its amendment and also around the proposed anti-terrorism bill be consultative.

Much like the OSA, Sri Lanka’s proposed new Anti-Terrorism Bill which, seeks to replace the existing Prevention of Terrorism Act (PTA), has been the target of much criticism both locally and internationally.

Allen said the US fully supports inclusive consultations involving civil society, journalists, technology companies, and academics. Effective legislation can only be achieved by taking into account the perspectives of various stakeholders, an approach her government will continue to advocate for this approach, she added.

“As for journalists, I empathise with the challenges they face in the current environment, particularly regarding the fears surrounding the online safety bill and the difficulties associated with the business models of media organizations, not only in Sri Lanka but globally. My advice is to persevere, knowing that you are providing a valuable service to society and strengthening democratic institutions,” she said.

Recognizing that this is easier said than done, however, Allen said there are technical challenges that many journalists will encounter, such as uncooperative sources reluctant to be identified.

“It is important to raise the profile of the challenges that face journalists today as a matter of democratic principles and as a necessity for society going forward, and that’s something the United States will continue to do support,” she said.

US Ambassador to Sri Lanka Julie Chung, who was also in attendance, said in response to the question on the OSA that journalists the embassy has engaged with have warned of a possible chilling effect.

“We have heard concerns about the Online Safety Act (OSA), particularly regarding three key aspects: the process, intent, and implementation,” said Chung.

Firstly, she said, many perceive the process as deeply flawed, lacking input and suggestions from a wide range of stakeholders, and secondly, while the intent is said to target issues like online pornography and attacks against women and children, the broad definitions raise concerns. Finally, regarding implementation, said Chung, there is uncertainty about whether it will align with its intended purpose or have a chilling effect. The ongoing amendment process provides an opportunity to address these concerns, she said.

“It’s essential to emphasize that it’s not just about the voices of the United States or the international community; the voices of Sri Lankan citizens, along with a diverse range of experts, civil society representatives, lawyers, and members of the private sector, are crucial,” the diplomat said.

She urged the government to consider all perspectives on the matter.

“Journalist groups around the country have raised their concerns about this bill. So, I would, again encourage those in government to listen to not just the United States or the international community, but most importantly, the voices of its own citizens,” she said.

-economynext.com

 

Remarks by Elizabeth Allen’s on The Global Media Space and its Impact on Democracy

 

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