HUMAN RIGHTS COMMISSION OF SRI LANKA, Annual Report 2020  The need for strict action as required by the law against hate speech While acknowledging and thanking the Sri Lanka Police for its tireless service to curb the COVID-19 pandemic, the Commission urged the acting IGP to take strict action against incidents of hate speech during the COVID19 pandemic. HRCSL in its correspondence noted that it has received a number of complaints of hate speech directed against the Muslim community in the context of the COVID-19 pandemic. The Commission requested the IGP to take stern legal action against the perpetrators of such acts regardless of their status, in terms of Section 3 of the ICCPR Act No. 56 of 2007, as it is imperative to prevent any unrest that can result from such hate speech. It also drew attention to the guidelines on the application of the hate speech law issued by the Commission in the previous reporting year.  Limiting Freedom of Expression in a Democracy: The Need to Strike a Lawful Balance By letter dated 25 April 2020 the Commission stated that it observes a spate of arrests by the police on the basis of statements made over social media, especially in the context of the spread of COVID-19 virus in the country and pointed out to the acting IGP that any action taken to limit freedom of expression and other such rights in a democracy, even during a period of emergency, must be within the framework of the law, namely, the Constitution and Sri Lanka’s international human rights obligations. It further stated that those laws require that limitations on rights should comply with the tests of legality, proportionality, and non-discrimination and guidance in this regard could be sought from the rich body of authoritative jurisprudence developed by the Supreme Court of Sri Lanka. It further emphasized that both the Constitution and our international human rights obligations permit adoption of extraordinary measures during emergencies without compromising human rights protection or the Rule of Law. As such, HRCSL recognized the need to lawfully curb misinformation that can cause panic and pose a serious threat to public order and public health when the entire country is facing an unprecedented public health crisis. However, the Commission underscored that such arrests must be legally valid, must not be arbitrary and disproportionate, and must not be 28