HRCSL writes to IGP expressing concerns over legal action against those criticize Govt officials

The Human Rights Commission of Sri Lanka (HRCSL) expressed severe concerns over the recent announcement by police on the basis of statements made over social media criticizing government officials,especially in the context of the spread of Covid 19 virus in the country.

Writing a letter to the Acting Inspector General of Police (IGP) titled “Limiting Freedom of Expression In a Democracy: The Need to Strike a Lawful Balance” , Chairperson of HRCSL Prof .D. Udagama noted that the warning issued by thePolice Media Division letter media institutions that legal action would be taken against those who criticize officials is viewed with deep concern by the Commission as it is bound to have a serious chilling effect on people’s freedom of expression.

The HRCSL also noted that an increasing number of such arrests since the issuing of a letter dated 1 April, 2020 by the Media Division of the Police Department to heads of media institutions warning of strict legal action against those who publish false and malicious statements over the internet against public authorities who are engaged in containing the spread of the virus.

“It is the duty of our Commission to point out that any action taken to limit freedom of expression and other such rights in a democracy, even during a period of emergency, must be within the framework of the law. In this instance the applicable law is theConstitution and also Sri Lanka’sinternational human rights obligations. Those lawsrequire that limitations on rights should comply with the tests of legality, proportionality (limitation must be proportionate to the threat) and non-discrimination.The Supreme Court of Sri Lanka hasdeveloped a rich body of authoritative jurisprudence in that regard,” the letter stated.

The HRCSL also added that it is incumbent on the Commission to point out the human rights implications of problematic measures taken by the Police Department. We offer our observations and recommendations per our Commission’s mandate with the sole intention of ensuring executive and administrative compliance with human rights law. “We urge you to review the action discussed above and take necessary measures to ensure compliance,”