The Sri Lankan government has exploited existing laws to target freedoms of expression, speech, and assembly.
This statement was originally published on freedomhouse.org on 13 June 2024.
Comedian Jayani Nathasha Edirisooriya’s pending case reveals the escalating threats to Sri Lanka’s freedom of expression and diverse voices.
One year after her arrest, Jayani Nathasha Edirisooriya’s case remains a chilling reminder of the threats to freedom of expression in Sri Lanka. In April 2023, the Sri Lankan stand-up comedian gave a satirical performance entitled Modibhimanaya, or “Fool’s Pride,” during which she made jokes about Buddhist literature. Following the performance, she was charged with “defaming Buddhism,” under the International Covenant on Civil and Political Rights (ICCPR) Act and spent over a month in prison.
Edirisooriya was eventually released in July thanks to Sri Lanka’s High Court, which ordered that she be released on bail and questioned whether her arrest had even been legal. She posted an apology video and retracted the recording of her performance, but has continued to face online trolling and violent threats, particularly as a manipulated video clip that depicts her performance as offensive has circulated.
Her arrest and others like it pose a grave threat to Sri Lanka’s already fragile civic space. Sri Lanka, which was rated Partly Free in Freedom in the World 2024, has experienced improvements in its political rights and civil liberties since 2015. However, the ICCPR Act and related legislation threaten key freedoms of speech and expression. Edirisooriya’s case highlights three emerging risks in Sri Lanka – first, that laws restricting freedom of expression could be further entrenched and used with impunity; second, that her case could stoke existing religious tensions; and third, that creative and peaceful pathways for citizens to express discontent could continue to shrink.
A pattern of restricting freedom of expression
In recent years, the Sri Lankan government has exploited existing laws to target freedoms of expression, speech, and assembly. The ICCPR Act was passed under the pretext of protecting minorities from hate speech, but has largely been used to target those at the margins of society, including members of the political opposition and minority groups. Edirisooriya is one of many activists who have been arrested for expressing their views through art. In 2019, authorities arrested writer Shakthika Sathkumara for defaming Buddhism in a short story he posted on his Facebook account and questioned film director Malaka Devapriya about his radio drama, which featured satirical twists on two Buddhist and Pali phrases.
This abuse of the ICCPR Act is part of a broader trend where individuals are punished for expressing opinions that could be considered offensive to certain religious groups, particularly the Sinhalese Buddhist majority. Other recent legislation, including the Online Safety Act, Prevention of Terrorism Act (PTA), and a proposed antiterrorism bill, could similarly grant authorities unchecked power over arrests, detentions, and appeals related to free-expression cases. The PTA was used to arrest poet Ahnaf Jazeem in 2020; Jazeem was held for 19 months before being acquitted without charge. Edirisooriya, Jazeem, Sathkumara, and Devapriva’s cases, among others, demonstrate the government’s intent to use these regulations to target political opponents and minorities.
Stoking religious tensions
Although Sri Lanka is a religiously and ethnically diverse country, the majority Sinhalese Buddhists drive much of the country’s policymaking. While the 1978 constitution guarantees freedom of religion to all citizens, it also grants Buddhism “foremost place.” Against the backdrop of the 30-year-long civil war between the Sinhalese-dominated Sri Lankan government and the Liberation Tigers of Tamil Eelam, a mainly Hindu insurgent group, as well as the 2019 Easter Bombings, many Sinhalese Buddhists perceive themselves as defenders of a besieged Buddhist society. Politicians representing the Sinhalese Buddhist majority often exploit ethno-religious tensions to maintain political favor and power, including through the misuse of the ICCPR Act.
Closing avenues to express discontent
The government’s targeting of activists, journalists, comedians, and others may stem from fears of a second Aragalaya. The 2022 Aragalaya, which means “struggle” in Sinhala, was a movement in which tens of thousands of Sri Lankans protested against the Gotabaya Rajapaksa–led government, demanding political change and a solution to the country’s economic crisis. Although the Rajapaksa-led government has been replaced by new political leadership, Sri Lanka still grapples with debt, inflation, and economic instability, fueling widespread discontent. However, deploying laws like the ICCPR Act and PTA to suppress dissent or appease political bases is not a sustainable solution, and only reduces the number of peaceful ways citizens can express their continued discontent.
A path forward
On June 19, Edirisooriya will appear before the Fort Magistrate’s Court, which will determine the outcome of her case. Her hearing will set a precedent for how Sri Lanka’s laws are used to restrict free expression in the future, potentially reducing avenues for citizens to voice dissent and fueling religious tensions. Following the verdict, it is crucial that Sri Lanka’s government ensures that the ICCPR Act and other related legislation, intended to combat hatred, do not become tools for unwarranted restrictions on free expression. Instead, the government should find ways to protect citizens’ freedom to express their views and beliefs, a vital component of any healthy democracy.
