FactSeeker payed attention on how a number of news items have been published on social media as well as in the mainstream media in the last few days stating that “government employees are prohibited from promoting parties or candidates through social media”.

We observed that the news was circulating on social media with the headlines “Government employees are not allowed to use social media to promote candidates” and “Public servants are not allowed to promote parties through social media”.

The following circular issued by the Election Commission of Sri Lanka on 26.07.2024 in this regard was brought to our notice.

Qttached below is the link to the full circular.

https://elections.gov.lk/web/wp-content/uploads/circulars/general-circulars/2024/PRE_2024_05_S.pdf

In the circular titled “Prevention of misuse of property belonging to government and public corporations and statutory boards during the election period and restricting recruitment/ promotion/ transfer of officers, employees”, a government official deprived of political rights cannot use his personal social media account or other account to make any propaganda or statement causing any publicity or prejudice to any political party or candidate. It has been pointed out that it is offencive. It further states that it is wrong to engage in such propaganda using government resources during the duty hours, even if a government official has political rights.

We were convinced that the relevant regulation in this circular was not used as “public servant” except “public officials” in the applicable section.

When contacted, Election Commissioner General Saman Sri Rathnayake confirmed that the regulation regarding the use of social media for candidate promotion in this circular does not apply to ‘all public servants’. He further stated that the category of “Government Officers deprived of political rights” mentioned in the circular includes staff officials, members engaged in the tri-service and police service and grama niladhari.

Under chapter XXXII on the enjoyment of political rights in category (i) of the “Establishments Code” of the Democratic Socialist Republic of Sri Lanka includes “Officers who are not entitled to enjoy political rights”, are

• A judicial officer,
• An officer of the armed services,
• An officer of the Police Force
• Any other peace officer performing police duties under the Code of Criminal Procedure, (e.g. Grama Niladhari)
• A prison officer as defined in section 20 of the Trade Union Ordinance (Authority 138),
• A staff or supervisory officer engaged in government service,
• An officer serving in the Department of Electoral Affairs (Parliamentary, Local Government, etc.) (as long as he serves there).

Therefore, according to the Circular No. 5 of 26.07.2024 issued by the Election Commission, it is clear that the use of social media for the promotion of candidates is prohibited not for government employees but for government officials who are deprived of political rights.