Saturday, 17 May 2025
Mudslinging web and Budapest Convention

Mudslinging web and Budapest Convention Featured

Sri Lanka became a fully fledged member of the Budapest Convention on Cybercrime from 1 September allowing the island to obtain internationally available digital data to investigate cybercrimes.

The Budapest Convention is the first international treaty seeking to address internet and computer crime by harmonizing national laws, improving investigative techniques, and increasing cooperation among nations.

Speaking to 'Sri Lanak Mirror' the Programme Director and Legal Adviser of Information and Communication Technology Agency Jayantha Fernando stated that Sri Lanka is the first country in South Asia to join this Convention.

By signing the Convention not only Sri Lanka will be able to prevent cyber crimes but it will also become a Knowledge Hub of information technology, he stated.

He further stated " It will assist in improving investment opportunities in order to develop the economy of Sri Lanka. In addition Sri Lanka will get the opportunity of reaching the peak of the development of resource and information technology fields."

"The investigation of the crimes identified under Computer Crime Act,. No.24 of 2007 cannot be conducted by Sri Lanka on its own. That is because the sources of the majority of cybercrimes can be based in several countries. In that case the assistance of several countries is needed.In order to solve the particular issue this convention is helpful."

When inquired if there is space to take legal action through the convention against the websites which post disparaging news , he stated that defamation law suits falls under civil law , therefore the convention does not bind the parties to provide evidence for civil cases.

Earlier several articles on the criminal defamation were included in Sri Lanka's criminal law and since their removal from the penal code the criminal defamation cases cannot be filed under the criminal law, he said.

(Prior to the particular amendment victims were allowed to file a criminal defamation case under the criminal law and obtain compensation or punish the offenders through an imprisonment order issued by the court.)

However, there is a separate legal action that can be taken against the websites which engage in character assassination.

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