Law Final

LAW 1270
Legal Environment
Freedom of Speech & Expression

and
Right to Truth
Group: B1
Sub Group: 13
Group Members and Contribution
0
Freedom of Speech & Expression and Right to Truth
CPM Name E- Signature Contribution

Number
22436 H. A. S. N. Case Laws & Jurisdictions
HETTIARACHCHI
22437 S. S. DABARE Comparison with USA
22438 M. H. History of Freedom of Speech

WEERAWANSHA & Right to Truth
22439 V. S. Does Free Speech inevitably

HAPUGAHANGA leads towards to Right to Truth
22440 W. D. I. What is Freedom of Speech &

CHATHURANGA Expression?
22441 M. V. T. Recommendations
GUNASEKARA
22442 R. P. U. I Current Situation in Sri Lanka

MADUSHANI
22443 K. A. S. NAVODYA What is Right to Truth
22444 B. G. M. I. RUKSHAN Introduction & Conclusion
22445 A. L. M. RANOOS Comparison with India
Drawbacks in Sri Lankan Law

22468 R. M. J. related to Freedom of Speech &
RATHNAYAKE Right to Truth
Plagiarism Statement
1
“We, 22436, 22437, 22438, 22439, 22440, 22441, 22442, 22443, 22444, 22445, 22468,
hereby declare that this essay, submitted to the Legal Studies Unit of the Faculty of
Management Studies and Commerce of the University of Sri Jayewardenepura, is our
own, original work; wherever another author’s work has been used, it was done using the
appropriate mechanism and has been properly acknowledged in accordance with
established academic conventions. We acknowledge that if I am found to be in violation
of the above, we will be subject to a fitting penalty in accordance with the examination
by-laws of the University”
2
Contents
1. Introduction...........................................................................................................................4
2. What is Freedom of Speech and Expression?...................................................................5
3. What is Right to Truth?.......................................................................................................6
4. Does Free Speech “inevitably” lead towards Truth?.......................................................8
4.1 Example.............................................................................................................9
5. History and development of Freedom of Speech and Expression and Right to Truth
Tru in Sri Lanka........................................................................................................................10
6. Case laws and jurisdictions...............................................................................................12
6.1 Navy 11 case....................................................................................................12
6.2 Sooriyakanda mass grave Case .......................................................................13
6.3 Prageeth Ekneligoda case.................................................................................13
7. Drawbacks in Sri Lankan law related to Freedom of Speech and Expression and
and Right to Truth.....................................................................................................................14
8. Comparison with other jurisdictions................................................................................18
8.1 India.................................................................................................................18
8.2 The United States of America..........................................................................21
9. Recommendations..............................................................................................................23
10. Conclusion...........................................................................................................................24
11. Bibilography........................................................................................................................25
1. INTRODUCTION
3
Rights are necessary for all human beings
in existence, for their economic and social
development, and for harmonious living
with other countries. These rights can be
mainly categorized as Fundamental

Figure 1: Today is Human Rights Day
George Herald,
Rights and Huma2019 Rights. Accordingly, and Human Rights. Fundamental
Rights are the primary rights specified in a country’s constitution whereas, Human Rights
are the universal rights that can be enjoyed by every human being no matter where they
live.
Thus, Freedom of speech and expression and right to truth can be recognized as vital
universal rights. Moreover, freedom of speech is also recognized as a fundamental right
in most countries due to its contribution towards ensuring the democracy of civilians.
2. WHAT IS FREEDOM OF SPEECH AND EXPRESSION?
4
The right to freedom of expression has been
recognized as a universal human right in
Article 19 of Universal Declaration of
Human Rights and International Human
Rights Law by the United Nations (UN) and
elaborated in the International Covenant on
Civil and Political Rights (ICCPR)1. Most
countries have included free speech in their

Figure 2: Free Speech doesn’t mean you
constitutions as a fundamental right as well.
can say whatever you want, Rapler,2021
Freedom of speech and expression is a significant step in ensuring the democracy of
citizens. It provides each and every person a platform to express their thoughts freely and
allows the ideas to be challenged and changed for better understanding. Furthermore, free
speech helps to discover truth through open conversations.
3. WHAT IS RIGHT TO TRUTH?
The idea of right to truth was originated in
Latin America in 1970s -19802 with the

1
Freedom of speech - Wikipedia. (2022, February 1). Freedom of Speech - Wikipedia;
en.wikipedia.org. https://en.wikipedia.org/wiki/Freedom_of_speech
2
Noorloos, M. van. (2021, December 1). Critical Reflection on the Right to the Truth about Gross Human
Rights Violations. OUP Academic; academic.oup.com.
https://academic.oup.com/hrlr/article/21/4/874/6327498
5
failure to confirm the truth about the disappearance of the people at that time. Thereafter,
the concept that the family members of the victims should know about the true fate of
their loved ones led to the establishment of right to truth.
At present, right to truth has been recognized
by the United Nations Principles to Combat Impunity in 2005, UN General Assembly
Resolution 60/147, and by the 2011 appointment of a Recurrence.3 Thereafter, in 2006,
the United Nations Human Rights Commission (UNHRC) determined that every citizen
has an "inalienable and autonomous right"4 to truth. The International Convention for the
Protection of All Persons from Enforced Disappearance guarantees that victims of forced
disappearance has a right to know the circumstances of the disappearance.
Accordingly, right to truth refers to the human right of victims, their families and the
society to access the truth of what happened in case of a grave violation of human rights.
The state has an obligation to deal with effective investigations, prosecution of
responsible individuals, public apology and acknowledgment of the violation of human
rights, and compensation to the victims. Most importantly, right to truth directs the state
to take steps to prevent the re-occurrence of violation and to change national laws
appropriately.
4. DOES FREE SPEECH “INEVITABLY” LEADS TOWARDS TRUTH?
3
Right to truth - Wikipedia. (2020, December 6). Right to Truth - Wikipedia; en.wikipedia.org.
https://en.wikipedia.org/wiki/Right_to_truth#:~:text=Right%20to%20truth%20is%20the,the%20truth
%20of%20what%20happened.
4
Right to truth - Wikipedia. (2020, December 6). Right to Truth - Wikipedia; en.wikipedia.org.
https://en.wikipedia.org/wiki/Right_to_truth#:~:text=Right%20to%20truth%20is%20the,the%20truth
%20of%20what%20happened.
6
Freedom of speech and expression and right to truth are not conflicting rights. Yet, does
free speech inevitably leads towards truth? It is quite doubtful. Freedom of speech is
necessary in a democratic state, but it is not sufficient to discover “truth” as unfettered
speech does not lead to towards truth all the time.
People share ideas and make assertions with different thoughts in their minds, and due to
human biases and different perspectives of people, truth will not be perfectly known.
Therefore, free speech is not always truthful, it can even be wrong or partially wrong,
because of which we have to argue, debate, perform tests and researches on the assertions
people make with their freedom to speech, in order to know the truth or to eliminate a lot
of false assumptions. Hence, free speech does not inevitably lead towards the truth at all
times.5
However, it has to be noted that if freedom to speech and expression was absent, the truth
will be never revealed to the world. Therefore, it could be understood that even though
free speech does not inevitably lead towards the truth, it is an important element in
ensuring the right to truth of any individual in the world.
4.1 Example
5
Lukianoff, G., & Strossen, N. (2022, March 18). Does free speech ‘inevitably’ lead towards truth? Is the
‘Marketplace of Ideas’ a broken metaphor? Part 13 of answers to arguments against free speech from
Nadine Strossen and Greg Lukianoff - FIRE. FIRE; www.thefire.org. https://www.thefire.org/does-free-
speech-inevitably-lead-towards-truth-is-the-marketplace-of-ideas-a-broken-metaphor-part-13-of-
answers-to-arguments-against-free-speech-from-nadine-stros/
7
Figure 4: Ranjan Ramanayake

Ranjan Ramanayake, the United National
Daily News, 2021
Party organizer of Divulapitiya, Gampaha
on August 21, 2017, stated that “The
majority in Sri Lanka are Corrupt Judges,
corrupt lawyers. They work for money”6, for
which he was imprisoned for 4 years.
This proves that freedom of speech and expression does not always reflect truth as Mr.
Ramanayake’s statement, which he made with his freedom to speech, was proven guilty
in the courts.
5. HISTORY AND DEVELOPMENT OF FREEDOM OF SPEECH AND

EXPRESSION AND RIGHT TO TRUTH IN SRI LANKA
6
Sooriyagoda, L. (1200, June 23). Ranjan gets 4 years RI for Contempt of Court | Daily News. Daily News;
www.dailynews.lk. https://www.dailynews.lk/2021/01/13/local/238676/ranjan-gets-4-years-ri-contempt-
court
8
Freedom of Speech and Expression was first
recognized in Sri Lanka by Article 14(1)(a)
of Sri Lanka’s Constitution of 1978. It
states,
“Every citizen is entitled to the freedom of
speech and expressions including
publications”7
Later the right to freedom of speech and

Figure 5: Universal Declaration of Human
Rights
expression was elaborated by
Wikipedia Foundation, Inc., 2001
Article 16(1) of
Constitution Bill of August 2000 stating,
“Every person is entitled to the freedom of speech and expression including publication
and this right shall include the freedom to express opinions and to seek, receive and
communicate information and ideas either orally, in writing, in print, in the form of art, or
through any other medium”8
The ICCPR, which is a key international human treaty providing numerous protections
for civil and political rights, has expressed freedom of speech and expression as a
universal human right. The Sri Lankan Government consented to comply with ICCPR in
1980 and is therefore bound by its provisions.
7
Kishali Pinto Jayawardena, December 2005, Right to Information in Sri Lanka- Critical Scrutiny of Existing
Laws and Proposed Law Reform
8
9
Universal Declaration of Human Rights (UDHR) was introduced by United Nations
General Assembly on 10th December 1948. Accordingly, Article 19 of the UDHR
guarantees access to information, including facts about human rights violations. 9
Moreover, Article19 has worked since 1993 with a number of bodies established to fulfill
right to truth.
Even though there is no legal obligation for its member countries to follow UDHR
guidelines, all members around the world share the fundamental values of UDHR
collectively. Sri Lanka, who became a member of the UN on 14 th December 1955 has
also been abiding with these guidelines since then.
However, in Sri Lanka, an article has not yet been passed to protect one’s right to truth.
Thus, the obligation of Sri Lanka to fulfill right to truth, as guaranteed by Article 19, is
not absolute. It is limited by the same exceptions which apply to the right to freedom of
expression more generally as defined under Article 19 of the International Covenant.
In January 2015, seven years after the end of the war, the government of President
Maithripala Sirisena opened the discussion on ensuring the right to truth of disappeared
people during the war. The initiation was taken by the former Foreign Minister, Mangala
Samaraweera during his address to the 30 th Session of Human Rights Council in Geneva
on 14th September 2015.10
9
SL to establish truth & reconciliation commission, missing persons office | Daily FT. (2015, September 15).
SL to Establish Truth & Reconciliation Commission, Missing Persons Office | Daily FT; www.ft.lk.
https://www.ft.lk/article/470361/SL-to-establish-truth---reconciliation-commission--missing-persons-
office
10
SL to establish truth & reconciliation commission, missing persons office | Daily FT. (2015, September 15).
SL to Establish Truth & Reconciliation Commission, Missing Persons Office | Daily FT; www.ft.lk.
https://www.ft.lk/article/470361/SL-to-establish-truth---reconciliation-commission--missing-persons-
office
10
There he highlighted the government’s commitments in securing the truth promising to
establish a Commission for Truth, Justice, Reconciliation, and Non-recurrence, an Office
of Missing Persons (OMP), a Judicial Mechanism with a Special Counsel, and an Office
for Reparations.
Going forward, the government renewed these commitments in two further UNHRC
resolutions in 2017 and 2019, and established the OMP and the Office on Reparations to
ensure the right to truth of the victims and their families, but made slow progress. 11
However, with the government change in November 2019, they took no further actions
towards ensuring the truth fearing that the work of the OMP will enable war crime
charges to be brought against the Sri Lankan military. The government also stated that it
will review the Act establishing the Office.
6. CASE LAWS AND JURISDICTIONS
According to the research, it was discovered that there are no case laws with regard to
ensuring right to truth in Si Lanka. However, there are some cases regarding enforced
disappearances and mass graves which were either dropped or stopped proceeding.
11
11
6.1 Navy 11 Case

This refers to forcible disappearance of
eleven Tamil youngsters for which the Sri
Lanka Army was suspected, and in 2018 the
Criminal Investigation Department arrested
Lt. Commander Hettiarachchi as the main
suspect. The former Navy Commander
Admiral Wasantha Karannagoda, was also

Figure 6.1: Sri Lanka: Opening the door to
International Jurisdiction
named as a suspect, for he took no action
Sri Lanka Brief, 2021
despite knowing about the above.
However, in August 2021 the Attorney General’s Department decided not to proceed
with charges against Karannagoda,12 on the basis that he was politically targeted by the
previous government
6.2 Sooriyakanda mass grave Case
Over 300 murdered bodies of school
children of Embilipitiya Maha
Vidyalaya were found in 199413 during the
second JVP rising in Sri Lanka. Even though
the government had initiated an
investigation to discover the truth, no
significant progress has been made as of
12 Figure
6.2: People converged on the
Sri Lanka: Authorities falter on accountability in Navy 11 case. (2021, August 4). Amnesty International;
Sooriyakanda site
www.amnesty.org. https://www.amnesty.org/en/latest/news/2021/08/sri-lanka-authorities-falter-on-
Sunday Observer, 2018
accountability-in-navy-11-case/
13
Sooriyakanda Mass Grave - Wikipedia. (2009, January 2). Sooriyakanda Mass Grave - Wikipedia;
12
today to ensure the right to truth and justice
for the victims and their families.
6.3 Prageeth Ekneligoda Case
Ekneligoda was a journalist and a political
analyst reported missing since January 24th
2010. His spouse Sandhya Ekneligoda and
several activist groups filed a case accusing
the Sri Lankan government for the
disappearance of Ekneligoda. Accordingly,
the case was called before Colombo- Trial-

Figure 6.3: The disappearance of Sri Lankan
Bar on June
cartoonist 3rd 2022
Prageeth and the suspected
Eknaligoda nine army intelligence officers were remanded
Cartoonists Rights Network International,
2015the 13th of June.14
until
Even though, the civilians and report writers have interpreted these cases, reasons behind
them in their own way using the freedom to speech and expression, it cannot be proven
they are true. Thus, in order to ensure the right to truth these cases have to be solved
legally in front of law to bring justice for the victims and their families.
en.wikipedia.org. https://en.wikipedia.org/wiki/Sooriyakanda_mass_grave
14
Nine accused in Pradeep Eknaligoda abduction case remanded. (2022, June 23). Nine Accused in
Pradeep Eknaligoda Abduction Case Remanded; www.adaderana.lk.
http://www.adaderana.lk/news/82850/nine-accused-in-pradeep-eknaligoda-abduction-case-remanded
13
7. DRAWBACKS IN SRI LANKAN LAW RELATED TO FREEDOM OF

SPEECH AND EXPRESSION AND RIGHT TO TRUTH
Even though Sri Lanka has made
many amendments to ensure freedom
of speech and expression since 1978,
there are many loopholes and
drawbacks to be addressed and
rectified in order to ensure the right
to truth of every citizen. Although
Figure 7: ‘A curse’: Three years since Easter Sunday there is freedom of speech and
bombings in Sri Lanka
SAWM, 2022 expression, it is doubtful whether it
always reflects the right to truth.
Accordingly, drawbacks in Sri Lankan law related to freedom of speech and expression
and right to truth can be recognized as below.
 Lack of a proper Act to ensure right to truth of citizens:
Even though Sri Lanka has passed the Right to Information Act, No. 12 of 2016 to ensure
the right to receive information along with right to truth, the act is not sufficient to ensure
the latter, as the legislation is unlikely to answer questions regarding civil war, with its
right to remain silent on such requests.
 Lack of timeliness in the proceedings:
This is a major issue in Sri Lankan proceedings in revealing the hidden truth of massacres
and disappearance of civilians. The most recent incident is the Easter Sunday attack on
21st April 2019. 253 casualties were found covering three churches and three luxury
14
hotels in the commercial capital Colombo.15 Although, it has been 3 years, the committee
appointed for investigations has not yet been able to identify the convicts and the
responsible entities despite the appeals of suffered Catholics.
 Absence of a truth commission:
Even though a truth commission was established by the prior government in 2016, with
the government change in November 2019 the activities of the commission was halted.
As a result, no effective actions have been taken as of today in order to ensure the right of
truth of victims and their families who were murdered and forcefully disappeared under
the name of civil war that prevailed in the country for 30 years.
 Lack of transparency:
In Sri Lanka, many cases relevant to forcible disappearance were closed or dropped
without a proper judgement, questioning the transparency of the legal system. One of the
best examples is where, the Attorney General’s Office decided not to proceed with
charges against Wasantha Karannagoda, a former Navy commander, over his suspected
role in the forcible disappearance of eleven Tamils in 2008 and 2009.16
 Lack of independence due to political interference:
Misuse of political power to favor the accused, is a major drawback in ensuring, one’s
right to truth. There have been cases where the Attorney General had withdrawn cases
15
Sri Lanka begins trials connected to 2019 Easter Sunday bombings | Sri Lanka Bombing News | Al Jazeera.
(202123, November 23). Sri Lanka Begins Trials Connected to 2019 Easter Sunday Bombings | Sri Lanka
Bombing News | Al Jazeera; www.aljazeera.com. https://www.aljazeera.com/news/2021/11/23/sri-
lanka-trials-2019-easter-sunday-bombings
16
Sri Lanka: Authorities falter on accountability in Navy 11 case. (2021, August 4). Amnesty International;
www.amnesty.org. https://www.amnesty.org/en/latest/news/2021/08/sri-lanka-authorities-falter-on-
accountability-in-navy-11-case/
15
without any reasoning, since the suspects were members of the military or government
supporters, indicating the political interference in law.
 Lack of effective victim and witness protection:
Even though Sri Lankan Law clearly express the right to freedom of speech and
expression, due to the lack of effective victim and witness protection, it is quite doubtful
whether right to truth would be effective. As a result, witnesses will be reluctant to use
their freedom of speech to provide witness, with the fear of life threats.
 Existence of Indemnity Act of 1988:
This Act protect the security forces personnel and other public officials against
prosecution for acts committed "in good faith" in the period 1977-1988. 17 As a result, the
crimes conducted by these officials have not been prosecuted, obstructing the right to
truth and justice of the victims and their families during those periods.
8. COMPARISON WITH OTHER JURISDICTIONS
8.1 India
Article 19(1)(a) of the Indian Constitution states that all citizens have the right to freedom
of speech and expression. In a landmark
judgment of the case Maneka Gandhi v.
17
Refworld, October 1994, An agenda for chance Freedom of speech and expression in Sri Lanka, ISBN 1
870798570
Figure 8.1: India's section 66A scrapped: Win for
free speech, BBC News, 2015 16
Union of India,18 the Supreme Court held that the freedom of speech and expression has
no geographical limitation
and citizens have the right to
gather information and exchange thoughts freely, with others in India and abroad by word
of mouth, writing, printing, pictures or any other mode. However, Indian law does not
provide absolute right on freedom of speech and expression, as the Article 19(2) 19 of the
constitution has imposed certain restrictions on the above, to ensure security of the state,
public order, integrity, civility and morality, and the sovereignty.
Right to truth has been incorporated to the Indian legal jurisdiction through the landmark
judgment The Extra Judicial Execution Victims Families Association (EEVFAM) v.
Union of India,20 in order to combat impunity and to bring accountability by disclosing
the facts and circumstances of the grave human rights in the conflict-affected areas.
Recognition of right to truth enable victims to legally compel the State to conduct a
‘prompt and effective’ investigation into the complaints of human rights abuses, to take
18
Adhil Saifudheen, P. T., Fatima, K., Bakshi, G. K., Parikshith, N., Leaflet, T., Tyagi, L., & Ahlawat, U.
(2019, January 11). The Right to Truth and the struggle against State impunity – The Leaflet. The Leaflet – An
Independent Platform for Cutting-Edge, Progressive, Legal, and Political Opinion.; theleaflet.in.
https://theleaflet.in/the-right-to-truth-and-struggle-against-state-impunity/#:~:text=The
%20Constitution%20of%20India%20and,read%20from%20other%20fundamental%20rights.
19
20
17
necessary action of prosecution and disciplinary proceedings and to disclose the truth and
circumstances to the victims and public as a whole.
It also strengthens the diminishing legal significance of the right to access justice in
Article 21 of the Constitution,21 which has been highly non-applicable for families of
victims of grave human rights abuses, demanding a prompt, effective and adequate
investigation.
Moreover, the enforcement of right to truth enable investigation into past abuses
perpetrated by armed forces, police and other state machinery and serves a fundamental
public interest by allowing nation to learn from its history.
Both Sri Lanka and India have faced numerous situations where the armed forces had
used their power to violate human rights in means of enforced disappearance. However, it
is clear that India has taken effective actions against such convicts irrespective of their
status unlike in Sri Lanka where the cases related to right to truth of mass graves and
enforced disappearances have been dropped without clear reasoning.
21
18
8.2 The United States of America
In the USA, freedom of speech and
expression is protected by the 1st
Amendment to the constitution, state
constitutions and by federal legislations.
Accordingly, the 1st amendment states that
"Congress shall not make any law abridging
the freedom of speech or expression." 22

Figure 8.2: Freedom of speech means
protecting expression you may hate Right to truth arose
USC News, 2018
in response to states’ failure to clarify,
investigate, prosecute, and
punish grave violations of human rights and international humanitarian law. To combat
impunity, the system developed regional standards on right to truth, and states and civil
societies developed approaches and initiatives to implement them using a variety of
methods.
Even though the Inter-American Human Rights Instruments do not expressly recognize
right to truth, both the IACHR and the Inter-American Court have established the
substance of right to truth whereas the American Declaration and the American
Convention has recognized it as a guarantee. According to the Truth Commission and the
Court, right to truth is linked to the rights of judicial guarantees and protection enshrined
22
Bill of Rights Institute. (2001, July 1). Bill of Rights Institute; live-bri-dos.pantheonsite.io. https://live-bri-
dos.pantheonsite.io/resources/freedom-of-speech-general
19
in Articles XVIII and XXIV of the American Declaration, as well as Articles 8 and 25 of
the American Convention.23
Similarly, in some cases, right to truth is linked to the right to information, which is
protected under Article IV of the American Declaration and Article 13 of the American
Convention. 24
These articles emphasize the victims', their family members' and the entire society’s right
to know the truth about the events that led to serious violations of human rights, identify
those who participated in the violations, in order to prevent such from repeating.
When considering the legal situation of enforcing right to truth, it is evident that USA has
a strong legal system addressing different aspects of right to truth through many articles
unlike in Sri Lanka where the constitution does not clearly recognize the civilian’s right
to truth.
9. RECOMMENDATIONS
23
24
20
Based on the understanding gained on current situation of freedom of speech and
expression and right to truth, and the drawbacks in ensuring effective right to truth, below
recommendations can be proposed:
 Re-establish the truth commission in Sri Lanka as it would be ideal to help
victims and their families to discover the truth behind human right violations
more effectively. Moreover, such commission should document the truth
regarding abuses and promote measures to ensure that they are never repeated.
 Amend and revoke the laws in Sri Lanka that contain indemnity clauses that
obstruct the full investigations of human right violations. This will ensure that
none of the security forces and public officials can escape the justice after
engaging in human right violations under the cover of acting “in good faith” with
the protection of The Indemnity (Amendment) Act of 1998.
 Ensure that unbiased investigations are conducted with regard to “enforced
disappearances" and extrajudicial killings committed, at least since 1971
regardless of the religion, ethnicity or status of the victims
 Ensure that the investigations are carried out according to the International
Human Rights Instruments and Standards. Moreover, it is recommended to
include the International Convention for the Protection of All Persons from
Enforced Disappearance into national law so that the right to truth of victims can
be guaranteed with better transparency.
 Ensure that the culprits are brought to justice, the victims and their families are
compensated. Furthermore, steps have to be initiated by the state to ensure
findings are made public, so that the truth is made known to the entire world.
21
 Take steps to ensure the protection of victims and witnesses involved. For
effective protection, the state should use available protection mechanisms and
define the specific criteria under which protection will be provided and who will
have access to the personal information of the witnesses and the victims.
 Establish an act to ensure the right to truth of the victims, their families and the
society, making it possible to use one’s freedom to speech and expression to
reveal truth and to know whether the information provided is truthful and reliable.
 Initiate and continue events to memorize the victims, make apologies and to admit
responsibility for grave human rights violations.
10. CONCLUSION
The right to freedom of speech and expression and right to truth are two integral human
rights in ensuring democracy of a society. It is noteworthy, that existence of freedom of
speech does not guarantee the protection of right to truth. However, in absence of
22
freedom to speech, the truth can’t be realized under any circumstances, proving, right to
truth is a component of freedom to speech and expression which compliments and
enhances each other. According to the report it could be understood that Sri Lanka has
not yet initiated effective measures to ensure the right to truth of victims from enforced
disappearances, and mass graves which has to be addressed immediately.
11. BIBILOGRAPHY
1. Freedom of speech - Wikipedia. (2022). Retrieved 23 June 2022, from
https://en.wikipedia.org/wiki/Freedom_of_speech
23
2. Lukianoff, G., & Strossen, N. (2022). Retrieved 23 June 2022, from
https://www.thefire.org/does-free-speech-inevitably-lead-towards-truth-is-the-
marketplace-of-ideas-a-broken-metaphor-part-13-of-answers-to-arguments-
against-free-speech-from-nadine-stros/
3. Nations, U. (2022). Universal Declaration of Human Rights | United Nations.
Retrieved 23 June 2022, from https://www.un.org/en/about-us/universal-
declaration-of-human-rights
4. Nine accused in Pradeep Eknaligoda abduction case remanded. (2022). Retrieved
23 June 2022, from http://www.adaderana.lk/news/82850/nine-accused-in-
pradeep-eknaligoda-abduction-case-remanded
5. Prageeth Eknaligoda - Wikipedia. (2022). Retrieved 23 June 2022, from
https://en.wikipedia.org/wiki/Prageeth_Eknaligoda
6. Right to truth - Wikipedia. (2022). Retrieved 23 June 2022, from
https://en.wikipedia.org/wiki/Right_to_truth#:~:text=Right%20to%20truth%20is
%20the,the%20truth%20of%20what%20happened.
7. Sooriyagoda, L. (2022). Ranjan gets 4 years RI for Contempt of Court. Retrieved
23 June 2022, from https://www.dailynews.lk/2021/01/13/local/238676/ranjan-
gets-4-years-ri-contempt-court
8. Sooriyakanda mass grave - Wikipedia. (2022). Retrieved 23 June 2022, from
https://en.wikipedia.org/wiki/Sooriyakanda_mass_grave
9. Sri Lanka Archives. (2022). Retrieved 23 June 2022, from
https://www.amnesty.org/en/location/asia-and-the-pacific/south-asia/sri-lanka/
report-sri-lanka/
24
10. Sri Lanka: Authorities falter on accountability in Navy 11 case. (2022). Retrieved
23 June 2022, from https://www.amnesty.org/en/latest/news/2021/08/sri-lanka-
authorities-falter-on-accountability-in-navy-11-case/
11. The Agenda for Chance : The Right to Freedom of Speech and Expression in Sri
Lanka. (2022). Retrieved 23 June 2022, from
https://www.refworld.org/pdfid/475418a40.pdf
12. Udagama, N. (2014). The Fragmented Republic: Reflections on the 1972
Constitution of Sri Lanka. Sri Lanka Journal Of Humanities, 39(1-2), 81. doi:
10.4038/sljh.v39i1-2.7222
25

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LAW 1270

Freedom of Speech & Expression

CPM Name E- Signature Contribution

22437 S. S. DABARE Comparison with USA

22438 M. H. History of Freedom of Speech

22439 V. S. Does Free Speech inevitably

22440 W. D. I. What is Freedom of Speech &

22442 R. P. U. I Current Situation in Sri Lanka

22443 K. A. S. NAVODYA What is Right to Truth

22444 B. G. M. I. RUKSHAN Introduction & Conclusion

22445 A. L. M. RANOOS Comparison with India

Drawbacks in Sri Lankan Law

Management Studies and Commerce of the University of Sri Jayewardenepura, is our

appropriate mechanism and has been properly acknowledged in accordance with

established academic conventions. We acknowledge that if I am found to be in violation

by-laws of the University”

2. What is Freedom of Speech and Expression?...................................................................5

3. What is Right to Truth?.......................................................................................................6

4. Does Free Speech “inevitably” lead towards Truth?.......................................................8

6. Case laws and jurisdictions...............................................................................................12

6.1 Navy 11 case....................................................................................................12

6.2 Sooriyakanda mass grave Case .......................................................................13

6.3 Prageeth Ekneligoda case.................................................................................13

8. Comparison with other jurisdictions................................................................................18

8.2 The United States of America..........................................................................21

Rights are necessary for all human beings

in existence, for their economic and social

development, and for harmonious living

with other countries. These rights can be

mainly categorized as Fundamental

universal rights. Moreover, freedom of speech is also recognized as a fundamental right

2. WHAT IS FREEDOM OF SPEECH AND EXPRESSION?

The right to freedom of expression has been

recognized as a universal human right in

Article 19 of Universal Declaration of

Human Rights and International Human

Rights Law by the United Nations (UN) and

elaborated in the International Covenant on

Civil and Political Rights (ICCPR)1. Most

countries have included free speech in their

Freedom of speech and expression is a significant step in ensuring the democracy of

speech helps to discover truth through open conversations.

3. WHAT IS RIGHT TO TRUTH?

The idea of right to truth was originated in

Latin America in 1970s -19802 with the

their loved ones led to the establishment of right to truth.

At present, right to truth has been recognized

by the United Nations Principles to Combat Impunity in 2005, UN General Assembly

Resolution 60/147, and by the 2011 appointment of a Recurrence.3 Thereafter, in 2006,

disappearance has a right to know the circumstances of the disappearance.

The state has an obligation to deal with effective investigations, prosecution of

responsible individuals, public apology and acknowledgment of the violation of human

4. DOES FREE SPEECH “INEVITABLY” LEADS TOWARDS TRUTH?

necessary in a democratic state, but it is not sufficient to discover “truth” as unfettered

speech does not lead to towards truth all the time.

ensuring the right to truth of any individual in the world.

Figure 4: Ranjan Ramanayake

Party organizer of Divulapitiya, Gampaha

on August 21, 2017, stated that “The

majority in Sri Lanka are Corrupt Judges,

corrupt lawyers. They work for money”6, for

which he was imprisoned for 4 years.

5. HISTORY AND DEVELOPMENT OF FREEDOM OF SPEECH AND