Last week, Galagoda Aththe Gnanasara, the General Secretary of Bodu Bala Sena (BBS), was sentenced to four years of rigorous imprisonment and fined Rs. 100,000 for making a contentious statement about Islam and Muslims in 2016. The sentence was handed down by the Colombo High Court, and an additional one year of imprisonment was ordered if Gnanasara fails to pay the fine [59dedd09]. Gnanasara has a history of inciting communal hate and was indicted by the Attorney General for causing harm to national and religious harmony. He made a threatening statement against the Kuragala Islamic religious site during a 2016 press briefing in Colombo. Gnanasara was charged under section 291 (b) of the Penal Code, which restricts expressions made with the deliberate intent of hurting religious sentiments [59dedd09]. The International Covenant on Civil and Political Rights (ICCPR) Act of 2007 criminalizes the advocacy of national, racial, or religious hatred that constitutes incitement to discrimination, hostility, or violence. Sri Lanka ratified the ICCPR in 1980 and enacted legislation to domesticate its obligations in 2007. However, the ICCPR Act has been used disproportionately against perceived affronts against Buddhism, curbing opinion and terrorizing minority communities [59dedd09]. The sentencing of Gnanasara is seen as a positive development in defeating the culture of immunity and impunity enjoyed by those wearing saffron robes in Sri Lanka. However, the use of legal provisions to stifle free expression, even in the form of hate speech, should not be celebrated. The laws on speech should only be curtailed under the most stringent of circumstances when there is a clear incitement of violence and not on grounds of hurting religious sentiment [59dedd09].
In a similar vein, Mohamed Boughalleb, a journalist and political commentator in Tunisia, has been sentenced to six months in prison for insulting a public official. Boughalleb criticized the official's alleged involvement in corruption and misuse of public funds on social media, leading to his arrest. The official, a member of Tunisia's Ministry of Religious Affairs, filed a complaint against Boughalleb. The sentencing is part of a broader crackdown on media freedom in Tunisia, with approximately 20 journalists facing similar charges. President Kais Saied's government has been accused of targeting journalists and political opponents, raising concerns about the erosion of civil liberties in the country. The international community has called for the release of imprisoned journalists and the respect of freedom of expression and the rule of law in Tunisia [225bca5b].