Abstract

Trade is now largely internet-centric, meaning the internet is the medium through which most commercial transactions occur in today’s (information) economy. As e-commerce uptake has accelerated globally, it has opened new possibilities for buyers and sellers alike, helping them integrate into a global marketplace and promoting innovations across different business lines. E-commerce is considered one of the main drivers of recent economic and social developments. In Sri Lanka, e-commerce is emerging and in its infancy. The industry is expected to operate within the margin of the law and be self-regulated. In the absence of a separate law for e-commerce, e-commerce platforms (e-commerce marketplaces) meaning, digital storefronts that connect sellers and customers to transact online, are exposed to a higher risk of being unreasonably penalized by applying the existing laws without mitigation. On the other hand, the platform users are left in a desperate situation with no remedy for harm caused. However, there are many developments globally around e-commerce and platform liability. Therefore, this article explores the responses of advanced jurisdictions such as China, the EU, and the USA regarding platform liability. This concludes that facilitating a business-enabled environment with holistic and innovative strategies that are aligned with the social and economic status of the country with a business-friendly legal landscape that matches the reality of the industry is imperative.

Keywords: E-Commerce, Platform liability; Platform law; Policy consideration; Law reforms

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Abstract

Corporeal punishments can be identified as an act of coercion that is utilized to ensure compliance and discipline, which can be traced a long way back in history. It is quite well known that the same is used in various degrees to discipline children at schools and even within the unit of family. However, research suggest that such punishments may lead to devastating negative effects on the well-being of children. Thus, the claims made suggesting the fact that punishments are imposed in the best interests of the children and thereby contribute to the effective development of children may be considered to be ineffective due to lack of evidence and due the severity of the consequences of imposing corporeal punishments. Thus, the purpose of this research was to conduct a dialogue on the capability of the branch of criminal law to ensure protection for children against acts of violence within the school system. To achieve the said objective, the application of Sections 308A (1995 Amendment) and 341 of the Penal Code, among various other legal instruments within the Sri Lanka jurisdiction, were considered through utilizing the epistemological approach and the black letter approach of qualitative research. The research findings exemplified the fact that the relevant Sections which were considered within the purview of the present research has potential in terms of ensuring protection for children from acts of cruelty within educational institutions, especially schools, yet, with room for improvement.

Keywords: Corporeal punishments; Best interests; Children; Child rights

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Abstract

Online harassment has undoubtedly become a menace that has severe negative impacts on victims and society at large. Owing to its critical nature, jurisdictions around the world have utilized different branches of law such as criminal law, tort law and intellectual property law to redress the victims of online harassment, as well as to penalize its perpetrators. This paper attempts to analyse whether actio inuriarum under the law of delict could be employed as a corrective justice mechanism to provide redress to victims of online harassment, considering the severe emotional distress they undergo due to harm caused to their dignity, reputation and privacy. The paper adopts the view that actio injuriarum provides an effective remedy to plaintiffs for impairment of dignity, person and reputation, caused by insult. Thereby, it analyses how actio injuriarum could be utilized as a general remedy for sentimental damages suffered by the victims of online harassment. It concludes with the finding that the principles and elements of actio injuriarum are broad enough to redress the victims of online harassment.

Keywords: actio injuriarum, online harassment, injury to dignity, defamation, corrective justice

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Abstract

Although the adoption of the Personal Data Protection Act No. 9 of 2022 in Sri Lanka marked a significant milestone in the commercial use of personal data, the regulation of data use is often debated among international policymakers due to the inherent controversy of the subject. This is especially seen in the European Union (EU) which has a stringent data protection scheme. In light of this legal debate, the discussion in this study centres around the key concern of appropriate regulation and balancing between two competing rights, namely, the freedom to commercially utilise user data in the digital economy, and the protection of the right to privacy and protection from unlawful processing of personal data of the consumer/user. Such an academic conversation is engaged in by deliberating on the legal implications of commercial use of personal data. To this end, the essay will first examine the existing legal systems for commercially processing personal data with specific attention to the EU General Data Protection Regulation (GDPR) of 2016 and the associated case law. Next, the essay will discuss three concerns on the present protectionist trajectory of the law, and its impact on the dual role of the law in the digital economy, i.e. as a facilitator of lawful commercial use of personal data and a guardian of privacy rights of data subjects. Thereafter, the essay will discuss three concerns on the present protectionist trajectory of the law, and its impact on the dual role of the law in the digital economy, i.e., as a facilitator of lawful commercial use of personal data and as a guardian of privacy rights of data subjects. The legal analysis is centralised on the EU personal data protection regime because it is a microcosm of development in general data protection law, which is widely accepted as a global persuasive precedent on the regulation of transnational commercial use of personal data.

Keywords: Data protection; Personal Data; Data Protection in Sri Lanka; GDPR; EU

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Abstract

A Constitution represents an indispensable facet of the organizational structure of a sovereign entity, encapsulating the foundational tenets and regulations that underpin its existence. A comparative analysis of the constitutional frameworks of the United Kingdom (UK) and Sri Lanka reveals a conspicuous distinction: Sri Lanka operates within the parameters of a Codified Constitution, while the UK lacks a Codified Constitution and instead relies on an amalgamation of statutory enactments, judicially established precedents, and regulatory provisions, constituting an Uncodified Constitution. This legal framework within the UK has elicited considerable discourse among scholars and entities advocating for the codification of the British Constitution. Proponents assert that codification would redress issues pertaining to the equilibrium of executive powers, enhance stability, and imbue clarity, thereby establishing a more perspicuous and unequivocal framework governing the foundational principles of the state. Conversely, detractors argue against codification, contending that it may foster conservativism and anti-rationalism within the Constitution, positing it as a potentially disruptive undertaking. The confluence of these perspectives has been further accentuated by pivotal events such as the 2016 EU referendum, subsequent EU withdrawal, and associated reforms. This article undertakes a meticulous examination and deconstruction of the ongoing discourse surrounding the potential codification of the UK Constitution.

Keywords: British Constitution; Codified Constitution; Uncodified Constitution

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