Sri Lanka's Draft Anti-Terror Law Faces Backlash Over 15-Year Penalties for Social Media Posts
Lawyers warn the new bill replaces the Prevention of Terrorism Act with similar powers, risking free speech and economic benefits.
By Simon Bennett ·
Two hundred and seventy people died in the 2019 Easter Sunday bombings, a tragedy that shaped the current legislative debate in Sri Lanka. The government is now pushing a new counterterrorism bill that critics say could punish ordinary citizens with up to 15 years of rigorous imprisonment for social media posts. This penalty structure is central to the proposed Protection of the State from Terrorism Act, or PSTA.
The PSTA is designed to replace the Prevention of Terrorism Act, or PTA, which has been in force since the end of the civil war in 2009. The PTA is widely criticized for enabling arbitrary detention and torture. President Anura Kumara Dissanayake and the National People's Power faction proposed the new law to address complex extremist activities. However, the administration pledged to repeal the PTA in its 2024 election manifesto, a promise that some argue the new bill betrays.
Dhanushka Silva, a lawyer, described the PSTA as a replica of the PTA. He noted that Section 9 of the draft allows authorities to scrutinize statements made on social media. Silva warned that individuals who share content deemed a terrorism offense could face lengthy prison sentences. He called this a major blow to freedom of speech in a democratic society.
Visakesa Chandrasekaram, a human rights lawyer and film director, pointed to the bill's vague definition of terrorism. He stated that the term is unclear and has not been clearly defined in the draft. Chandrasekaram argued that this lack of clarity could lead to violations of fundamental rights. He also warned that the bill grants police powers to the military, a force he said is not trained for criminal investigations.
The Office of the United Nations High Commissioner for Human Rights has urged the government to align the bill with international human rights law. The agency noted that the PSTA reproduces shortcomings found in previous counter-terrorism legislation. It specifically called for robust safeguards against torture, ill-treatment, enforced disappearance, and coercive interrogation.
Government spokesperson Nalinda Jayatissa rejected the allegations made by rights activists. He insisted that the new law would not compromise civil liberties or press freedom. The administration argues that a strong anti-terrorism framework is necessary to prevent future attacks like the 2019 bombings that killed Ganesan's two-year-old daughter in Batticaloa.
The legislation has also drawn attention from the European Union. The bloc has urged Sri Lanka to uphold its human rights obligations to maintain its Generalized Scheme of Preferences Plus status. This scheme grants preferential access to the European market. Failure to meet these requirements could result in the suspension of these benefits, leading to economic penalties for the country.
During a parliamentary debate on November 12, Speaker Jagath Wickramaratne stated that some provisions of the proposed law were inconsistent with the constitution. The Supreme Court has also reviewed the bill and outlined several amendments. Parliament is required to make these changes before passing the measure. Lawmakers have not yet set a date for the final vote.
