By Hyder Ali
Sri Lanka’s government says a proposed new counter-terrorism law will modernise national security protections and replace the widely criticised Prevention of Terrorism Act of 1979. Rights groups, journalists and legal analysts, however, warn that the draft legislation could expand state powers in ways that threaten freedom of expression, digital privacy and democratic accountability.
The proposed Protection of the State from Terrorism Act, 2026, currently under consideration, would introduce broad definitions of terrorism, strengthen surveillance authorities and allow extended detention without formal charges, according to a review of the draft text.
The government maintains the law is necessary to counter evolving security threats and align domestic legislation with international obligations. Critics say the provisions risk repeating — and in some areas exceeding — the excesses of the repealed law.
Broad Definitions Draw Scrutiny
Under the draft law, terrorism would include acts intended to “intimidate the public” or “provoke a state of terror,” as well as actions that cause serious disruption to infrastructure or electronic systems.
Legal experts say such wording leaves room for subjective interpretation, raising concerns that peaceful protests, labour actions or large-scale digital campaigns could fall within the scope of the law if authorities deem them disruptive.
The legislation states that protests, advocacy and dissent alone would not constitute terrorism, but analysts note that this safeguard may offer limited protection once demonstrations affect public services or generate widespread online mobilisation.
Speech and Publications at Risk
Sections of the bill criminalise the direct or indirect encouragement of terrorism, as well as the dissemination of material considered capable of promoting or assisting such acts.
Media advocates warn the provisions could have a chilling effect on journalism, academic analysis and online debate, particularly where reporting involves banned groups or sensitive security issues.
While the law includes language protecting good-faith criticism and legitimate expression, critics say those protections operate mainly as legal defences after arrest, rather than as safeguards against detention.
Expanded Digital Surveillance
The draft law would allow authorities, with court approval, to obtain user data from banks, telecommunications companies and digital service providers. Applications may be made without notifying the affected individuals.
Digital rights groups caution that these powers could expose journalists’ sources, enable broad monitoring of activists and encourage social media platforms to remove content pre-emptively to avoid legal risk.
Detention Powers Remain Controversial
The legislation permits extended detention through executive-issued orders, subject to judicial oversight, with a combined detention and remand period of up to two years.
Sri Lanka’s PTA drew sustained criticism for enabling long-term detention without charge. Although the new bill introduces additional reporting requirements and oversight mechanisms, critics argue that executive authority over detention remains largely intact.
Government Defends the Bill
The government says the proposed law strengthens due process, incorporates human rights safeguards and ensures judicial involvement at key stages.
Officials argue that Sri Lanka faces complex security challenges and must balance civil liberties with public safety.
International Attention Expected
Sri Lanka has previously faced international scrutiny over its counter-terrorism framework, including from the United Nations and the European Union, where trade concessions have been linked to human rights compliance.
Analysts say the draft law is likely to attract close attention from international partners, particularly over its impact on free expression, digital rights and the treatment of suspects.
A Test for Democratic Reform
As Sri Lanka seeks to rebuild its democratic institutions and international standing, observers say the debate over the new anti-terror law will serve as a key test of the government’s commitment to rights-based reform.
Whether the proposed legislation represents a genuine departure from the past — or a rebranded continuation of it — may ultimately depend on how narrowly its powers are defined and how rigorously they are applied.