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Digital Security Act, 2018

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Digital Security Act, 2018
Cyber Security Act
Jatiya Sangsad
  • Whereas it is expedient and necessary to make provisions for ensuring digital security and identification, prevention, suppression and trial of offences committed through digital device and for matters ancillary thereto
CitationAct No. 46 of 2018
Territorial extent Bangladesh
Enacted byJatiya Sangsad
Enacted8 October 2018
Assented to8 October 2018
Commenced8 October 2018
Status: Repealed

The Digital Security Act, 2018, was a digital security law in Bangladesh. This act was passed with the aim of preventing the spread of racism; sectarianism; extremism; terrorist propaganda; and hatred against religious or ethnic minorities through social media, print media or any other electronic media. Any content over the internet or any other media that was deemed pornographic or otherwise inappropriate by the government could be punished by fines or prison terms of various lengths. [1]

Digital Security Act was feared that the law could be used to suppress dissenters against the government due to some of its provisions that are vague and ambiguous, open to interpretation or prone to abuse.[2][3][4] This law has been used to sue and arrest journalists, activists and also cyber criminals.[5][6] It has been described as a "Draconian" law.[7]

The Digital Security Act was repealed in 2023 and replaced with the Cyber Security Act, 2023.[8]

History

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Digital Security Act was adopted in October 2018.[9] The provision passed the Parliament of Bangladesh in September 2018. The act allows police officers to detain people without a warrant. The act was opposed by members of the media, the opposition Jatiya Party, and human rights organizations.[10] The act was created using Section 57 of Information and Communication Technology Act, which was passed in 2006, as the model.[11] The act was protested by the Editors' Council.[12][13] The Daily Star has been critical of the application of the act, describing it as a gag on the free press.[14][15]

Cases

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The Bangladesh police headquarters has reported that in the first five months of 2020, 403 cases were filed and 353 arrests were made under the Act.[16]

Prominent cases

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  • On 14 April 2020, Journalist Golam Sarwar Pintu, of Dainik Bangladesher Alo, was arrested under Digital Security Act.[17]
  • On 17 April 2020, Toufique Imrose Khalidi, editor of Bdnews24.com, and Mohiuddin Sarker, editor of Jagonews24.com, for publishing a report on the looting of relief materials in Thakurgaon District. The case was filled by Swechasebak League, the volunteer wing of Bangladesh Awami League, leader Mominul Islam Bhasani.[18]
  • On 29 April 2020, three journalists were sued in Narsingdi District under the act after publishing news report on an auto rickshaw driver who died after a confrontation with members of Bangladesh Police. The journalists worked for the local newspapers, Dainik Grameen Darpan and Narsingdi Pratidin.[19] The case was filled by officer-in-charge of Ghorashal Police Station, Johirul Alam.[20]
  • On 6 May 2020, 11 people were sued by the government of Bangladesh by Assistant Director, Abu Bakar Siddique, of unit 3 of Rapid Action Battalion.[21] Among them one cartoonist Ahmed Kabir Kishore, and one writer, the older brother of Xulhaz Mannan, Minhaj Mannan Emon, Asif Mohiuddin, Tasneem Khalil and Zulkarnain Saer Khan.[22] Mushtaq Ahmed, one of the 11 accused, died in prison on 25 February 2021. He had been in detention since his arrest in May 2020.[23]
  • On 6 May 2020, Sub-inspector Motaleb of Rupganj police station in Narayanganj District filed a case against Momen Prodhan for sharing a picture mocking Soto Monir, Member of Parliament of Tangail-2 for harvesting unripe rice plants.[24]
  • On 8 May 2020, Journalist Shafiqul Islam Kajol, who had disappeared, was "found" and charged under this act by Bangladesh Police.[25]

Reception

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According to Article 19, the act violates human rights and threatens freedom of speech in Bangladesh.[9] According to Amnesty International the act places "dangerous restrictions on freedom of expression". It believed the act will be used against dissidents, similar to the way Information and Communication Technology Act was used to detain hundreds of people.[26] The act has been criticized by the United States as something that could be used to suppress free speech.[27] Bangladesh Nationalist Party has called for the act to be repealed.[28]

22nd Chief Justice of Bangladesh, Syed Mahmud Hossain is a strong supporter of the act. In a verdict made on March 6, 2021, Hossain cautioned an accused of violating the act that there would be no consideration of bail for people who would tarnish the image of Bangladesh in any manner.[29][30][31][32]

See also

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Official English translation of the Digital Security Act, 2018 as published by the Bangladesh Gazette

Notes and references

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Notes

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References

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  1. ^ "Digital Security Act 2018: young generation speaks". New Age. Retrieved 11 May 2020.
  2. ^ "Bangladesh Enacts New Law That Could Silence Dissenters". The Diplomat. Retrieved 11 May 2020.
  3. ^ "Digital Security Act 2018 passed in JS". banglanews24.com. 19 September 2018. Retrieved 11 May 2020.
  4. ^ "One Mushtaq and the nuances of 'bail'". The Daily Star. 2 March 2021. Archived from the original on 4 March 2021.
  5. ^ "Indiscriminate use of Digital Security Act against journalists". The Daily Star. 4 May 2020. Retrieved 11 May 2020.
  6. ^ "Abuse of DSA worries editors". The Daily Star. 7 March 2021. Archived from the original on 7 March 2021.
  7. ^ "Bangladesh: Media Groups Condemn Arrest of Journalist Under Draconian Digital Security Act". The Wire. Retrieved 30 March 2023.
  8. ^ "Bangladesh: Government enacts Cybersecurity Act 2023". DataGuidance. 4 March 2024. Retrieved 7 September 2024.
  9. ^ a b "Bangladesh: analysis of the Digital Security Act". ARTICLE 19. Retrieved 11 May 2020.
  10. ^ "Digital Security Bill passed". The Daily Star. 20 September 2018. Retrieved 11 May 2020.
  11. ^ "How Section 57 morphed into Digital Security Act provisions". Dhaka Tribune. 10 August 2018. Retrieved 11 May 2020.
  12. ^ "Bangladesh editors protest 'chilling' Digital Security Act". aljazeera.com. Retrieved 11 May 2020.
  13. ^ "Attack on press freedom intensifies in Bangladesh - UCA News". ucanews.com. Retrieved 11 May 2020.
  14. ^ "It's now a gag on the media, free speech". The Daily Star. 7 May 2020. Retrieved 11 May 2020.
  15. ^ "Editorial: Right to freedom of expression is in mortal danger". The Daily Star. 8 May 2020. Retrieved 11 May 2020.
  16. ^ "The case for rescinding the Digital Security Act". The daily Star. 7 March 2021. Archived from the original on 6 March 2021.
  17. ^ "Digital Security Act: More journalists facing arrest, cases amid hard days of Covid-19 crisis". Dhaka Tribune. 7 May 2020. Retrieved 11 May 2020.
  18. ^ "Case against editors: ARTICLE 19 calls for immediate withdrawal". Dhaka Tribune. 22 April 2020. Retrieved 11 May 2020.
  19. ^ "8 journalists held in Bangladesh in a week under Digital Security Act". New Age. Retrieved 11 May 2020.
  20. ^ "3 journalists in Narsingdi arrested under Digital Security Act". The Daily Star. 3 May 2020. Retrieved 11 May 2020.
  21. ^ "Cartoonist Kishore, writer Mushtaq arrested under DSA". Dhaka Tribune. 6 May 2020. Retrieved 19 March 2021.
  22. ^ "Digital Security Act: 11 sued, two sent to jail". The Daily Star. 7 May 2020. Retrieved 11 May 2020.
  23. ^ "Arrested in Digital Security case, writer Mushtaq Ahmed dies in jail". Dhaka Tribune. 25 February 2021. Retrieved 25 February 2021.
  24. ^ "Man remanded for sharing Tangail MP's video harvesting unripe paddy". Dhaka Tribune. 6 May 2020. Retrieved 11 May 2020.
  25. ^ Ahmed, Kaamil (8 May 2020). "Bangladeshi journalist is jailed after mysterious 53-day disappearance". The Guardian. Retrieved 11 May 2020.
  26. ^ "Bangladesh: New Digital Security Act imposes dangerous restrictions on freedom of expression". amnesty.org. Retrieved 11 May 2020.
  27. ^ "U.S. Ambassador Marcia Bernicat's Statement on Digital Security Act in Bangladesh". U.S. Embassy in Bangladesh. 30 September 2018. Retrieved 11 May 2020.
  28. ^ "Govt 'abusing' Digital Security Act to hide facts: BNP". unb.com.bd. Retrieved 11 May 2020.
  29. ^ "No bail if one tarnishes country's image". The Daily Star. 8 March 2021. Retrieved 7 March 2021.
  30. ^ "CJ on DSA: Country's image comes first". Dhaka Tribune. 7 March 2021. Retrieved 8 March 2021.
  31. ^ "Country's image to be given priority in DSA cases, CJ says". New Age. Retrieved 8 March 2021.
  32. ^ "Country's image comes first, CJ warns accused". Prothom Alo. Retrieved 8 March 2021.
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