Event Summary
On 3 February 2026, journalist Tharindu Jayawardena was summoned by police for questioning without any disclosed reasons, contrary to established procedural safeguards. It later emerged that the inquiry stemmed from a complaint alleging defamatory statements in his reporting on corruption in the use of public funds and was under investigation under the Online Safety Act No. 9 of 2024
The Human Rights Commission Of Sri Lanka (HRCSL) noted that the failure of the police to provide reasons for the summons appeared inconsistent with Circular RTM 101/CRTM 61, issued by the Inspector General of Police on 2 July 2025, which requires investigating officers to clearly communicate the grounds on which individuals are called for questioning. In this context, the Commission raised concerns regarding the investigation of alleged defamatory speech by journalists without due process, particularly given that criminal defamation has also been abolished in Sri Lanka several years earlier.
In its statement, the HRCSL further highlighted broader issues relating to the handling of defamation-related complaints, standards of police conduct, implications for media freedom and accountability, and the continued enforcement of the OSA, which has been widely regarded as warranting revision.
Although the government’s efforts to revise the OSA in August 2025, including the invitation for public submissions indicating a participatory drafting process, were received positively as a move toward more inclusive law-making and meaningful civil society engagement in national policy development, there have been no subsequent public updates regarding the progress of the proposed amendments, while the Act continues to remain in force. In this context, some stakeholders have expressed the view that a temporary moratorium on the implementation of the Act would have been appropriate pending the finalisation of the amendment process.