June 12, Colombo: The Bar Association of Sri Lanka (BASL) has raised serious concerns over the contents of a recent media release issued by the Sri Lanka Police stating that the Criminal Investigation Department and the Computer Crimes Division of the Sri Lanka Police will be conducting investigations by monitoring the internet for people spreading false news about the Covid-19 program.

In a statement issued Friday, the Executive Committee of the Bar Association of Sri Lanka (BASL) noted with concern the contents of the recent media release issued by the Sri Lanka Police titled “circulation of fake news, photographs, videos causing disunity, hate and obstructing the Covid-19 programme”.

The statement said the police circular contains a warning that the Criminal Investigation Department and the Computer Crimes Division of the Sri Lanka Police will be conducting investigations by monitoring the internet for violators, in order to enforce the law. The circular warns 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 authorities do not use such laws to stifle genuine expressions of dissent and criticism,” the BASL said.

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 said it is deeply concerned that the provisions of the laws mentioned in the circular, could be misused by police officers in order 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 said.

These concerns of the BASL have been brought to the attention of the Inspector General of Police by a letter dated 10/06/2021.

‘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 said.

Following is the full statement: