Draft of Digital Security Act Approved: Gag on freedom of expression

The freedom of the press and expression was put to the sword, feared journalists and rights defenders as the cabinet yesterday approved the draft of the Digital Security Act-2018 yesterday.

If passed by the Jatiya Sangsad, there would be every chance of the act being abused against people's rights to express themselves, they observed.  

They also felt duped by the government as section 57 of the Information and Communication Technology Act was kept in the proposed law with some changes, despite assurances in the past of eliminating the controversial provision. 

Section 57 deals with defamation, hurting religious sentiments, causing deterioration of law and order and instigation against any person or organisation through publishing or transmitting any material in the website or in electronic form.

It stipulates maximum 14 years in prison for the offences.

Now, the draft of Digital Security Act-2018 splits these offences into four separate sections with punishment ranging from three to 10 years' term.

The proposed law describes some crimes as “non-bailable” and allows a police official to search or arrest anyone without a warrant in especial circumstances. 

A cabinet meeting, presided over by Prime Minister Sheikh Hasina, gave the approval at the Prime Minister's Office and Cabinet Secretary Md Shafiul Alam later briefed the media at the secretariat.

He said the government has formulated the act to combat growing cyber crimes that are affecting many public and private organisations including Bangladesh Bank.

The draft was approved keeping a provision for revoking sections 54, 55, 56, 57 and 66 of the ICT act, he said, adding that the cases already filed under the section 57 will be continued.

Inspector General of Police AKM Shahidul Hoque, too, said the proceedings of the filed cases under section 57 will continue, reports UNB.

Currently, 701 cases filed under section 57 are pending with the lone cyber tribunal of the country, sources say.

Asked whether the proposed law will affect journalism as elements of section 57 were incorporated in the draft, the cabinet secretary did not give any direct answer and only said, “There is nothing about journalists here [in the draft].”

Rights activists and journalists have been demanding cancellation of section 57 for its widespread misuse.

Experts say the section goes against people's rights to freedom of expression and free speech and it contains vague wordings, allowing its misuse against newsmen and social media users.

Protests were staged last year after more than two dozen journalists were sued under the section.

Amid widespread criticisms, Law Minister Anisul Huq on several occasions said section 57 would be removed.

Contacted last night, he said, “There is a great difference between section 57 [of ICT Act] and the provisions incorporated in the Digital Security Act.”

Asked about the criticism of journalists and rights activists about the draft, he said, “They are saying this for the sake of saying something.”

He declined to comment any further.

After a programme in the capital, Home Minister Asaduzzaman Khan said section 57 was discussed for a long time in the cabinet meeting. The draft will be finalised after many inclusions and exclusions, he added.

REACTIONS 

Khandaker Muniruzzaman, acting editor of daily Sangbad, termed Digital Security Act more draconian, more dangerous than section 57 of ICT Act.

“It can't be accepted in anyway,” he told The Daily Star over the phone.

“We have been demanding cancellation of the section 57. But things have not improved; rather, more bad elements have been introduced. Actually, the government has duped the people.”

The act will not only curb the freedom of speech and expression but also will create impediment for doing journalism independently.

Asked about section 32 of the proposed act, which deals with spying on government and non-government offices, he said the provision will make journalism more difficult.

“A reporter collects information in various ways. This law will make his or her work more difficult,” he said.

Bangladesh Pratidin Editor Nayeem Nizam said they have raised their voices following the misuse of section 57 as a number of cases were filed against journalists while some of them were detained. 

“If this law [Digital Security Act] is passed [in the JS], the media independence will be under threat. I hope lawmakers will recommend removal of these provisions when the draft will be placed in parliament,” he told The Daily Star yesterday.

Under the new law, he said, any journalist may face the charge of spying when he/she tries to collect government documents to file a report.

“Independent journalism will not march forward if the draft is passed,” he added.