The Media Law Forum (MLF) has filed a petition before the Supreme Court of Sri Lanka under SC/SD 118/2026, challenging the constitutionality of the proposed Anti-Corruption (Amendment) Bill, which was placed before Parliament on 19 August 2026.
The petition has been instituted in the public interest, raising significant concerns regarding several provisions of the proposed Bill and their potential inconsistency with constitutional principles, fundamental rights, transparency, accountability, institutional independence, and freedom of expression.
Key Grounds of Constitutional Challenge
A central concern raised by the Media Law Forum relates to provisions that could have serious implications for the exercise of freedom of expression and the public’s right to receive and disseminate information. In particular, the petition challenges provisions concerning broad redaction powers and the potential criminalisation of conduct connected with the use or dissemination of information contained in asset declarations.
The petition further outlines several key grounds of constitutional challenge, including:
– Broad redaction powers and provisions with potential implications for the exercise of freedom of expression;
– Criminal liability relating to the use and dissemination of redacted declarations;
– Open-ended redaction powers and uncontrolled delegation of authority;
– Dilution of election-related disclosure requirements;
– Institutional independence of the Commission;
– Withdrawal of charges and non-prosecution of accomplices;
– Expansion of the categories of persons subject to the Declaration of Assets and Liabilities regime;
– Removal of the household-based declaration requirement;
– Mandatory penalties and the automatic invalidation of grants, appointments, benefits, and advantages;
– Restrictions on the right to bail based on a certificate issued by the Director General;
– Reduction of the public ownership threshold; and
– Retrospective deeming of officers and officials recruited to the Commission.
Through this petition, the Media Law Forum seeks judicial scrutiny of these provisions and their compatibility with the Constitution, particularly in relation to freedom of expression, the right to information, transparency, accountability, due process, and institutional independence.
The Media Law Forum remains committed to protecting fundamental freedoms and advocating for legal frameworks that strengthen transparency, democratic governance, public accountability, and the rule of law.
