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2026-02-06

The Human Rights Commission of Sri Lanka HRCSL issued a strong statement on February 3rd, raising alarm over emerging threats to freedom of expression, particularly the increasing use of law enforcement mechanisms in response to alleged defamatory speech.

The Commission expressed concern over a growing trend in which police initiate inquiries into journalists and other citizens based on claims of defamation. In a recent case, journalist Tharindu Jayawardena was summoned for questioning without adequate disclosure of the reasons, reportedly linked to his reporting on corruption involving public funds.

At the heart of the HRCSLs warning is a clear legal point: defamation is not a criminal offence in Sri Lanka. Criminal defamation was repealed in 2002, and any person alleging reputational harm must seek remedy before civil courts. The police have no jurisdiction to investigate complaints based purely on defamation.

The Commission cautions that the involvement of law enforcement in such matters risks creating a chilling effect on journalism and public debate. When journalists are summoned without a clear legal basis, it not only affects the individual concerned but also signals a broader pattern that may discourage scrutiny of public officials and institutions.

The statement also raises constitutional concerns regarding the Online Safety Act, noting that while online safety is a legitimate objective, any restriction on expression must meet strict standards of legality, necessity, and proportionality. The HRCSL recommends a moratorium on the use of the Act pending repeal and replacement with legislation that complies fully with constitutional and international human rights standards.

Freedom of expression, guaranteed under Article 141a of the Constitution, protects not only agreeable speech but also speech that may offend, shock, or disturb. Democracies are strengthened not weakened when criticism, investigative reporting, and public debate are allowed to flourish without fear of improper state interference.

The Commissions recommendations serve as an important reminder: safeguarding free expression is essential to accountability, democratic governance, and the rule of law in Sri Lanka.