Way towards Re-Introducing Criminal Defamation in Digital Diplomacy Affecting National Security: A Comparative Analysis with India

Abstract

At present, defamation in Digital Diplomacy which is also known as cyber diplomacy or E-Diplomacy has become a significant issue due to its liberty and speedy dissemination of expressions in real time regardless of their validity. Thus, this research aims at finding out the possibility of re-introducing the statutory right of criminal defamation in Sri Lanka regarding digital diplomacy affecting national security. The objectives of this research involves identifying whether defamatory statements which affect the national security in digital diplomacy could be covered by reintroducing criminal defamation laws to the existing legal framework of Sri Lanka and to introduce necessary amendments to the existing legal regime to fill the gaps in the current system of law. The methodology of this research is a combination of Black-letter methodology and the comparative research methodology. These methodologies are used in order to provide a descriptive legal analysis on the area. Moreover, this researchwouldemployaqualitative analysis of primary data including Constitutional provisions, Penal Code provisions, the Computer Crimes Act and judicial decisions and secondary data of journal articles, books and the internet. Additionally, this research will discuss the Indian legal regime relating to the said subject area to highlight the differences in the Sri Lankan and Indian legal regimes. The studyindicatesthesignificanceof reincorporating criminal defamation laws with necessary amendments to the Sri Lankan legal system with a view of addressing the prevailing issues relating to digital diplomacy affecting national security. Finally, the study concludes providing effective recommendations to the said issue while protecting the national security of the State and balancing strong inter-state relationships within digital diplomacy at least to a certain extent.