The Human Rights Commission of Sri Lanka (HRCSL) has expressed serious concern over what it describes as growing threats to freedom of expression in the country, particularly the targeting of journalists through police investigations into alleged defamation.
In a statement, the Commission cited the recent summoning of journalist Tharindu Jayawardena for a police inquiry without disclosure of reasons, later revealed to be linked to complaints over his reporting on alleged corruption involving public funds. The HRCSL said the failure to inform him of the reasons for the summons violated a circular issued by the Inspector General of Police in July 2025.
The Commission stressed that freedom of expression, guaranteed under Article 14(1)(a) of the Constitution, extends to all forms of expression, including online platforms, and protects even speech that may offend or disturb. While restrictions are permitted under the Constitution, the HRCSL noted they must meet standards of necessity, proportionality, and reasonableness.
Importantly, the HRCSL reiterated that defamation is not a criminal offence in Sri Lanka, following its repeal from the Penal Code in 2002, and that police have no jurisdiction to investigate defamation complaints, which fall solely within the remit of civil courts.
The Commission also warned against the misuse of law enforcement by political actors and public figures to suppress criticism, noting that international human rights standards require public officials to tolerate a higher degree of scrutiny.
Raising concerns over the Online Safety Act (OSA), the HRCSL said the law does not fully comply with Supreme Court determinations and has raised constitutional concerns, particularly when used to curb free expression. The Commission observed broad civil society consensus calling for the repeal of the Act.
The HRCSL urged the government to impose a moratorium on the use of the Online Safety Act, direct police to refrain from investigating defamation complaints, and called on political leaders to avoid filing criminal complaints over allegedly defamatory statements. (NewsWire)