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BASL calls on police not to abuse hate-speech laws to stifle free speech, right to dissent
View(s):The authorities must ensure that laws relating to hate speech and incitement to violence are not used to stifle genuine expressions of dissent and criticism, the Bar Association of Sri Lanka (BASL) stressed.
The BASL Executive Committee made the remarks in a statement expressing concern over the contents of a recent Police circular titled “Circulation of fake news, photographs, videos causing disunity, hate and obstructing the Covid-19 programme”.
The BASL pointed out that the police circular contained a warning that the Criminal Investigation Department and the Computer Crimes Division of the Sri Lanka Police would, as part of their investigation, monitor the internet for violators to enforce the law. The police warn the public to refrain from spreading fake news and aiding or abetting the same.
“Whilst the BASL has no objection to enforcing laws relating to hate speech and incitement to violence, it is important to ensure that the authorities do not use such laws to stifle genuine expressions of dissent and criticism,” the statement noted.
“Furthermore, 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 also expressed deep concerns over the possibility of the provisions of the laws mentioned in the circular, being misused by police officers 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 BASL stressed.
It also drew attention to Supreme Court judgments in this regard, pointing out that the SC has repeatedly recognised the right to comment on public issues and criticise public officials, public institutions, Governments and political parties, policies and programmes. It has also ruled that such criticism is a permissible exercise of the freedom of speech and expression guaranteed under the Constitution.
“Given that the very prospect of being arrested for expressing harsh criticism or dissent can itself have a chilling effect that would erode the citizens’ freedom to openly share critical views or freely comment on important matters as members/stakeholders of society, utmost care and restraint should be exercised in causing the arrest of any person for an offence pertaining to alleged ‘fake news’ prior to a full investigation of any complaint,” the statement observed.
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, the association further stressed.
“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 enforcement of the law must be fair, even-handed and non-selective in its application, the importance of which the association urged the police to consistently uphold.
The BASL said it had already brought these concerns to the attention of the Inspector General of Police by a letter dated June 10.
“The BASL will continue to monitor any violations of the Fundamental Rights and the Rule of Law in respect thereof and will make further legal interventions where necessary,” the statement stressed.