Navigating the Digital Frontier: From Ballot Boxes to Sri Lanka’s Digital Futures – Zahra Nur Aliya

NetMission Ambassador Blog Posts

*This article is originally published in the Asia Pacific Policy Observatory December 2024 Report.

Jurisdiction, Government and the Election

The 2024 Sri Lankan presidential election, held on September 21, 2024 saw a significant shift in the country’s political landscape. Anura Kumara Dissanayake, leader of the National People’s Power (NPP) alliance, which includes his Janatha Vimukthi Peramuna (JVP), or People’s Liberation Front—a party that has traditionally backed strong state intervention and lower taxes, and campaigned for leftist economic policies—secured victory by receiving 5,740,179 votes, followed by Premadasa with 4,530,902, according to Election Commission data. Following the presidential election, on November 14, 2024, there was a parliamentary election. Dissanayake’s Marxist-leaning National People’s Power (NPP) alliance won 159 seats in the 225-member parliament. 

The result reflects Sri Lanka’s move toward a more egalitarian government structure, emphasizing transparency and accountability. It is pivotal for the nation as it seeks recovery from the political and economic crises that have plagued it since 2022. This election determined the new Head of State and Government, replacing Ranil Wickremesinghe, who stepped in after Gotabaya Rajapaksa fled following mass protests.

The country’s regulatory environment, under Dissanayake, is likely to focus more on participatory governance and reducing institutional corruption. Regulatory openness and transparency in Sri Lanka remain concerns, with issues like corruption and lack of public participation in policymaking. Based on the data from the Corruption Perceptions Index (CPI) released by Transparency International, which ranks 180 countries and territories globally on their perceived levels of public sector corruption on a scale from 0 (highly corrupt) to 100 (very clean), Sri Lanka’s score in 2023 is 34/100. This represents a decrease of 2 points from 2022, continuing a downward trend from 2021. The new administration continue to face immense pressure to improve governance and rebuild public trust. 

Anura Kumara Dissanayake’s victory introduced a transformative agenda through the NPP’s manifesto, “A Growing Nation, a Beautiful Life”, which outlined a comprehensive socio-economic vision aimed at reviving the country. Dissanayake planned to steer Sri Lanka towards a production-based economy, with a focus on sustainable development in sectors such as education, healthcare, agriculture and technology.

This election not only decided the President but also set the trajectory for Sri Lanka’s political and economic future, as it navigated recovery from the crisis and sought stability.

The Role of AI in Sri Lanka’s 2024 Presidential Campaigns

Artificial intelligence (AI) is changing the landscape of political campaigns globally, and Sri Lanka’s 2024 presidential election is no exception. Candidates increasingly use AI for their campaigns, from analyzing voter behaviour to crafting personalized messages amplified through social media. While AI signals the potential of technology in democratic processes, it also highlights significant vulnerabilities, particularly related to the amplification of misinformation and digital security issues. AI enables highly targeted and efficient campaign strategies, reaching voters in unprecedented ways. However, the same technology can be leveraged to spread false information rapidly, making it difficult to distinguish truth from manipulation. 

The spread of misinformation on social media has become a central issue, raising concerns about the integrity of the electoral process and its impact on young voters. AI-generated false narratives, such as deepfake videos, complicate distinguishing real from fake content. Beyond misinformation, Sri Lanka faces digital threats to voter databases and election infrastructure. It is essential to ensuring cybersecurity for maintaining public trust in the election outcome. The 2024 election tested Sri Lanka’s digital resilience, requiring a collective effort to safeguard democracy against evolving digital threats.

Recent advancements in artificial intelligence (AI) and voice cloning technology have raised concerns about the spread of misinformation, especially during election seasons. A video falsely claiming that US President Donald Trump expressed support for Anura Kumara Dissanayake, highlights the potential impact of AI-generated misinformation on public perception and electoral integrity. Such methods can mislead voters, damage reputations, and manipulate public opinion, losing trust in the democratic process and causing confusion among voters.

TikTok is intensifying its efforts to combat misinformation and uphold election integrity on its platform. TikTok is collaborating with IFCN-accredited fact-checking organization Newschecker to address the Sri Lankan electoral context specifically. These partnerships enable TikTok to identify potential misinformation, take action on it, and share accurate information with its community around important events. TikTok’s fact-checking partners do not moderate content on the platform, but their assessments provide valuable input that helps TikTok take the appropriate action to uphold its Community Guidelines. 

TikTok’s strategy includes innovative product features to enhance user awareness and participation in maintaining platform integrity. TikTok has launched the Sri Lanka Election Center on the platform, a dedicated hub, available in English, Sinhala and Tamil, that will direct users to authoritative information on the election. Additionally, streamlined reporting tools will empower users to easily identify and report potentially misleading content. This user-centric approach fosters a vigilant and responsible community, crucial during the election period. Furthermore, TikTok is committed to raising awareness among its users, by providing educational content and in-app guides. These initiatives are designed to equip the community with the necessary skills to discern credible information, thereby reinforcing informed participation in the electoral process.

A New Dedicated Ministry and Anticipated Revamps

Under Wickremesinghe’s leadership, the Sri Lanka Ministry of Science and Technology unveiled its National Digital Economy Strategy 2030 on April 5, 2024. Focusing on six key areas: infrastructure, connectivity, access, skills, digital government, cybersecurity, and digital financial services, this ambitious plan aims to elevate the country’s economy to high-revenue status by 2048. A significant emphasis is also placed on helping Micro, Small, and Medium Enterprises (MSMEs) adopt digital technologies. However, with President Dissanayake taking the helm since September, changes are anticipated in digital governance.

The first significant move of the Dissanayake administration in November is splitting the preexisting Ministry of Science and Technology with the creation of a new Ministry of Digital Economy (MoDE) with Dissanayake himself also serving as the Minister of Defense, Finance, Planning and Economic Development, and Digital Economy. The Sri Lanka Telecom (SLT), the Information and Communication Technology Agency (ICTA), the Sri Lanka Computer Emergency Readiness Team (SLCERT), the Data Protection Authority of Sri Lanka, IT parks, and the Telecommunication Regulatory Commission of Sri Lanka (TRCSL) are now shifted under MoDE’s portfolio, together with the Department of Registration of Persons (DRP), originally from the Ministry of Internal Affairs.

In his December remarks, President Dissanayake emphasized the need for support of all professionals to digitize the country and actively participate in the process at a time when the political establishment’s and digital technologists’ expectations are aligned. He further assured that he would firmly stand by this vision across his term in office. Highlighting the benefits of digitalization, the President stated that it can enhance the efficiency of economic activities and elevate the country’s economy to greater heights. The Ministry also outlined a plan to generate an income of USD 15 billion within the next five years through the digital economy. It was also followed by a direction towards increasing the digital workforce to 200,000 and digitizing the entire country within the same time frame.

Across 2025, further digital governance movements and indications shall be anticipated as Axiata’s Telecom Business CEO Dr. Hans Wijayasuriya assumes the newly created position of Chief Advisor to the President on Digital Economy starting January 15. Among other responsibilities, Wijayasuriya’s direct oversight across MoDE’s subdivisions should fuel the momentum across various ongoing programs and consultations.

Ongoing Consultations: Anticipated Digital Governance Changes

In September 2024, the Ministry of Digital Economy’s ICT Division launched a Public Consultation on Sri Lanka’s National Strategy on AI, Guidelines on the Data Protection Management Program under the Personal Data Protection Act No. 9 of 2022, and e-government. The latest Public Consultation hints on Sri Lanka’s National Strategy on AI, where the island nation sees great advantages of building strong international relations with regional and global AI leaders to leverage international expertise, funding, and collaborative initiatives in AI. However, the Strategy under consultation also acknowledges the use of AI also raises issues such as generating synthetic, multi-modal content that blurs the line between reality and fiction, intellectual property concerns, market competition, job displacement, and environmental impact.

On 14 September 2024, the Data Protection Authority of Sri Lanka opened a public consultation on the draft guidelines for the Data Protection Management Program (DPMP), as mandated under section 12 (2) of the Personal Data Protection Act (PDPA) No. 9 of 2022, which remains open until 15 October 2024. The guidelines aim to direct controllers across various sectors in developing internal policy frameworks, also known as DPMPs, to comply with the Personal Data Protection Act’s accountability requirements by its enforcement date of 18 March 2025. DPMP Guidelines Working Draft Version 1.0 also sets out key definitions in the PDPA. Controller here means any natural or legal person, public authority, public corporation, non-governmental organization, agency or any other body or entity which alone or jointly with others determines the purposes and means of processing personal data. Further, the guidelines set out the components of a controller’s DPMP, including maintaining records, appropriate design, conducting impact assessments, establishing complaint and breach management systems, and facilitating data subject rights.

The Sri Lankan government also opened a Public Consultation regarding the efficiency of its government practices through the Government e-mail service known as “GovMail” and the use of Cloud Infrastructure and Solution Services. The Public Consultation aims to collect input regarding the E-mail Policy and Cloud Policy so that it can be effectively implemented. GovMail is available to state employees and officials to support government operations and provide adequate service to the public, other institutions, and relevant stakeholders. 

The E-mail policy offers guidelines to ensure that GovMail use does not infringe on the rights of government employees and citizens, is not used for purposes prohibited by government laws, rules, and regulations, and does not legally compromise the Government of the Democratic Socialist Republic of Sri Lanka. 

Meanwhile, The Cloud policy/guideline aims to prioritize the procurement of cloud-based ICTs and promote widespread adoption of cloud services by Government organizations as part of their IT investment decision-making process. This will apply to infrastructure, hardware, software, information security, licensing, storage and provision of data, as well as services like security, development, virtualization, databases or any kind of technology where a cloud solution is equivalent to other technology solutions.

The Anticipated Digital Identity Program

In April 2022, Sri Lanka embarked on an ambitious journey to address a pressing issue in its government apparatus. That issue was the lack of an efficient and accurate identity system. This led to duplication and inefficiencies across departments, making it difficult to ascertain the number of citizens and potentially leading to referrals of government funds. Against this backdrop, the Sri Lankan government sought a solution through the Sri Lanka Unique Digital Identity (SLUDI) project. SLUDI aims to provide every citizen with a National Unique Digital Identifier to ensure data accuracy and efficiency in government operations. The project is in the procurement phase, with an expected launch in January 2026.

The Unique Digital Identity Project (SLUDI) is pivotal in propelling the nation towards a future powered by technology and innovation. However, amidst these ambitious plans, several critical challenges and uncertainties cannot be ignored. Delays in the procurement process of SLUDI illustrate potential roadblocks ahead. Partnerships with international entities like the World Bank and Asian Development Bank (ADB) provide necessary support but also highlight Sri Lanka’s reliance on external aid for its digital goals. Collaboration with Indian companies has raised data security and sovereignty concerns, further complicating the landscape. Sri Lanka faces issues around infrastructure, regulation, and public trust, which will need to be navigated carefully to ensure a successful digital revolution. Addressing these concerns is crucial for the country to leverage the full potential of its digital initiatives.

Under Dissanayake’s leadership, by moving the Department of Registration of Persons (DRP) to the Ministry of Digital Economy, the office that manages Sri Lankan IDs is now under President’s direct purview and is expected to spearhead this project.

Sri Lanka’s Foreign Minister stated that the Memorandum of Understanding (MoU) that the government intends to sign with India on the implementation of the project is expected to be signed in January 2025. India provides technical and financial assistance in implementing the national ID project in Sri Lanka, modeled after Aadhaar. In December 2024, Indian Prime Minister Narendra Modi and Sri Lankan President Anura Kumara Dissanayake met to discuss cooperation issues, highlighting the need to expedite the implementation of the digital ID project.

The project has received some criticism, such as from the Sri Lankan NGO People’s Struggle Alliance, which raised concerns that cooperation with India could jeopardize “democratic rights, national security, public safety, the country’s economy, and the sovereignty of the State and its people,” and called for the issuance of digital identity cards by Indian companies to be reviewed. Additionally, an editorial in The Sunday Times also urged Sri Lankan authorities to be careful about the security and privacy of personal data, warning that even India has had problems with data breaches with the Aadhaar system. In procuring this project, the Indian government is working with the Ministry of Digital Economy and the Information and Communication Technology Agency.

Meanwhile, strategic partnerships are crucial in Sri Lanka’s digital transformation. Concerns about privacy and data protection with Indian collaboration highlight the complexity of the Indian-funded digital ID project.

New Regulations Lurking in Digital Expression Space

On 24 January 2024, Sri Lanka’s Parliament approved a draft regulation bill called The Online Safety Act, No. 9 of 2024 (Online Safety Act). The Government led by President Ranil Wickremesinghe tabled the bill for debate, after which it was passed in the 225-member House of Representatives, where the ruling party has a majority. Only 62 lawmakers voted against the bill. Rights groups argued the bill undermines freedoms and could lead to self-censorship among journalists. Public Security Minister Tiran Alles defended the bill, citing the need to address online fraud, abuse, and false statements threatening national security.

The Act has been heavily criticized for stifling free speech in the election year. It would allow the Government to set up a commission with a range of powers, namely the Online Safety Commission. The Commission has the authority to practice online moderation, including ordering individuals and Internet service providers to remove posts deemed “prohibited statements.” The Commission could also legally prosecute people who publish such posts. 

Besides regulating the Online Safety Commission, Amnesty International said that Many parts of the Act fall short of international human rights standards, including overly broad provisions limiting the rights to freedom of expression and privacy. There are also many vague and subjective offenses, such as ‘prohibited statements’ as defined and declared by the “Online Safety Commission.” Furthermore, the Act is the latest weapon in the Government’s arsenal that can be used to limit freedom of expression and suppress dissent. The statement was supported by the Office of the High Commissioner for Human Rights (OHCHR) through a press statement that many parts of the bill contain vaguely defined terms and definitions of offenses that leave significant room for arbitrary and selective interpretation and have the potential to criminalize almost all forms of legitimate expression, thereby creating an environment that has a chilling effect on freedom of expression. Sri Lanka must be committed and safeguard freedom of expression as it is a part of the International Covenant on Civil and Political Rights (ICCPR). 

The introduction of Sri Lanka’s Online Safety Act has sparked considerable debate, with concerns that it might exacerbate existing issues within the digital space, rather than addressing them effectively. Critics argue that while the Act aims to combat cybercrimes, it also risks stifling free speech and potentially worsening the already risky online environment. One significant issue that remains inadequately addressed is Technology-facilitated gender-based violence (TFGBV), which continues to pose serious threats to women in the digital realm.

TFGBV includes a range of harmful activities such as sextortion, cyberstalking, and the non-consensual sharing of intimate images, yet Sri Lanka still lacks comprehensive laws specifically targeting these offenses. The Online Safety Act does not sufficiently cover these areas, leaving victims vulnerable and without comprehensive legal protection. This gap highlights a critical oversight, suggesting that the government should focus on strengthening laws against TFGBV and other serious digital threats, rather than introducing new regulations that may further complicate the digital landscape.

Moreover, the enforcement of the Online Safety Act could lead to unintended consequences, such as increased censorship and suppression of dissent, which might create an even more oppressive online environment. Addressing the root causes of digital harm, particularly those affecting vulnerable groups like women, should be a priority. Comprehensive legal reforms, enhanced digital literacy, and better support systems for victims are essential steps toward a safer and more equitable digital space. Balancing the need for security with the protection of fundamental freedoms is crucial as Sri Lanka navigates its digital future.

Conclusion and Way Forward

Sri Lanka’s 2024 presidential and parliamentary elections have resulted in Anura Kumara Dissanayake and his NPP alliance winning the most votes. These elections usher in a new chapter in Sri Lanka’s economic and political stability. Yet, Sri Lanka is still balancing digital governance policies with new strategies. 

It is a proactive step for the Sri Lankan government to open public consultations to receive input on the national AI strategy, Guidelines on Data Protection Management Program under the Personal Data Protection Act No. 9 of 2022, and e-government. However, the new government must reevaluate policies that could suppress freedom of expression that affect political instability like the Online Safety Act. It is important to maintain democracy through freedom of speech in public, including online space, especially if the central focus is likely to be more on participatory governance and reducing institutional corruption.

Sri Lanka has an agenda for digital transformation, such as NDES 2030 and implementing a digital identity program. However, when deliberating on, or even reimagining, the implementation of NDES 2030 and the digital identity program, Sri Lanka must address carefully a wide array of issues surrounding digital infrastructure, regulations, and public trust to ensure the success of the digital transformation. The success in establishing relationships with stakeholders and gaining support in implementing the digital program is commendable. However, the Sri Lankan government must start paying attention to the security and privacy of users.

Sri Lanka’s journey towards digital transformation still has a long way to go, but seeing the seriousness of adapting to innovation and technology is hope for Sri Lanka, especially if this digital transformation can be a milestone for recovery from political and economic instability.

Written by Zahra Nur Aliya (Edited by Jasmine Ko)

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