Bangladesh authority has announced to replace the controversial Digital Security Act (DSA) of 2018 with Cyber Security Act (CSA) 2023, which is expected to be passed in the parliament in the September session.
The CSA is going to be passed in the parliament which has an overwhelming majority of the ruling Awami League and its allies, when the upcoming election is expected to be held in January 2023. Incidentally, the previous DSA was passed a few months before the 2019 parliament elections.
Human rights groups, journalist unions and cyber security researchers have expressed reservations regarding the Cyber Security Act and dubbed it as a ‘New Wine in Old Bottle’.
In the face of global criticism against the draconian law, the United States, European Union, Japan, the United Nations, international human rights organisations like Amnesty International, and Human Rights Watch (HRW), along with international freedom of press watchdogs, like Reporters Without Borders (RSF) and Committee to Protect Journalists (CPJ) have called upon the government to scrap the repressive law which stifles freedom of expression, muzzled freedom of the press, which encouraged self-censorship.
Human rights organisations termed the DSA, a ‘draconian’ which was used repeatedly to stifle dissent and criticism of the government. Politicians, journalists, activists and even children and students were prosecuted under the DSA.
Ignoring the international and domestic calls to abrogate the draconian cyber law, the government explain that they have replaced the controversial law with a new law that will ensure freedom of expression, which human rights groups do not believe.
Despite the punishment in CSA has been “significantly” reduced but rights groups explain that it will not stop criminalising freedom of expression and will continue to demonise free speech of opposition, critics and dissident.
The rights organisations and media rights defenders fear that the new cyber security law will continue to silence the critical voice of independent media, investigative journalists, critics, dissidents, opposition and millions of netizens frequently post their comments and graphics on social media.
Former president of Bangladesh Federal Union of Journalists (BFUJ) Monjurul Ahsan Bulbul expressed his frustration that the lawmakers did not review the limitations of the Digital Security Act when it was passed in 2018 after the journalist union formally placed its argument in a written paper.
The law, before it is passed in the parliament must be vetted with the stakeholders and the lawmakers should take the critical suggestions on board.
Speaking to journalists, Law Minister Anisul Huq described the crimes and punishment incorporated in the new law which has been approved at the Cabinet meeting presided by Prime Minister Sheikh Hasina on 7 August.
He said the government has decided to “significantly” amend certain sections to stop the “misuse” and “abuse” of the controversial DSA and journalists in particular had concerns about the law.
He confirmed that the new law would retain almost all of the provisions stipulated in the 2018 act with some [minor] changes.
“Mainly, we have reduced the penal provisions, the punishments, and we have got rid of penal punishment of defamation. Now, you will not be jailed for defamation. Now, for defamation, there will [be] a punishment of fine. We have brought it [the change] in alignment [with] the civil remedy,” he told the Daily Star reporter.
At a press briefing, he said the only penalty for defamation under the Cyber Security Act is a fine. “But if the fine is not paid, there will of course be jail time of three or six months. But the main penalty is [just] a fine.”
No accused of defamation would be arrested immediately after the filing of the case under the proposed Cyber Security Act as the jail term would be scrapped, he added.
At least six sections of the new CSA law, the rights groups found at least that Sections 17, 19, 21, 27, 30, and 33 remain non-bailable. Punishment in a few sections has been reduced.
The law minister earlier on June 5 told parliament that 7,001 DSA cases were pending with courts as of January 31, 2023.
Following the announcement of SBA, Amnesty International South Asia, Regional Office in a tweet said, “The government must ensure that the Cyber Security Act it plans to replace the DSA with does not rehash the same repressive features of the DSA.
Cyber security researcher Saimum Reza Talukder teaching at BRAC University says the fear of civil society has not been removed. The culture of fear will continue to instil among the people of the country.
In a statement, Transparency International Bangladesh executive director Iftekharuzzaman asked the government to ensure that the Cyber Security Act would not become a tool to suppress freedom of expression and freedom of the media.
Human rights lawyer Rezaur Rahman Lenin appealed that the government should release all those imprisoned under the notorious DSA, including several minors and students. He urged that their cases should also be dropped once the Cyber Security Act is passed in the parliament in September.
Saleem Samad, is an award-winning independent journalist, media rights defender, a recipient of the Ashoka Fellowship and Hellman-Hammett Award. He could be reached at <saleemsamad@hotmail.com>; Twitter @saleemsamad
