By Counsel and Member of Parliament, M A Sumanthiran has filed a Fundamental Rights Application in the Supreme Court (SC) challenging the legality of the “Online Safety Act No. 9 of 2024.”
Main Arguments:
- Discrepancies with SC Directions: The Act allegedly fails to comply with specific amendments mandated by the Supreme Court, potentially violating Constitutional provisions.
- Unlawful Certification: Sumanthiran argues the Speaker’s certification of the Act, based on the Attorney General’s advice, is invalid due to non-compliance with the SC’s directives.
- Fundamental Rights Violation: The Act’s passage without adhering to the SC’s instructions disregards Articles 12(1) and 41 of the Constitution, which guarantee equality before the law and freedom from discrimination.
Key Points:
- Legal Representation: Sumanthiran is represented by lawyers Sinnadurai Sundaralingam and Balendra.
- Grounds for Challenge: The application highlights discrepancies between the Act and the SC’s determination, along with potential violations of Articles 12(1) and 41.
- Next Steps: The Supreme Court will hear the case and determine the validity of the Online Safety Act based on the presented arguments.
