Flawed Cyber Security Act requires repeal or reform

American Bar Association (ABA) Center for Human Rights recommended the interim government repeal or substantially amend the flawed Cyber Security Act (CSA), as well as to dismiss all cases pending against human rights defenders under the CSA, the Digital Security Act (DSA), and the Information, Communication and Technology Act (ICT Act).

The ABA Center for Human Rights placed the recommendations in its report “Bangladesh: Flawed Cybercrime Regime Requires Repeal or Reform,” released on its website on 10 September. The Center for Human Rights mobilises lawyers to defend threatened advocates, protect vulnerable communities, and hold governments accountable under law, according to its website.

The report said, “Since 2013, thousands of human rights defenders, and in some instances family members of human rights defenders, and those perceived as critical of the then Awami-League ruling government, have faced criminalization under Bangladesh’s cybercrime laws in relation to the exercise of their rights to freedom of expression.”

By some estimates, 1,436 cases were filed under the DSA between October 2018 and June 2024, in which 5,287 people were accused. Since its enactment in 2023, the Dhaka-based think tank Centre for Governance Studies has estimated that at least 62 cases have been filed under the CSA accusing 372 individuals. Local and international civil society have denounced these laws, raising serious concerns about procedural irregularities, abuse of process, and violations of fundamental human rights,” the report added.

The report also cited several victims of these repressive laws including writer and columnist Mushtaq Ahmed. “In May 2020, Ahmed was detained, allegedly tortured, and held incommunicado for two days by members of the Rapid Action Battalion (RAB) and accused of violating the DSA by running a Facebook page that featured political and social commentary. Ahmed was denied bail at least six times and the investigation in his case exceeded the 60-day time frame as set forth in the DSA with little progress. In February 2021, after spending more than nine months in pre-trial detention, authorities alleged that Ahmed died from a heart attack,” the report states.

Besides, photojournalist and rights activist Shahidul Alam was detained from his residence on 5 August for criticising the government and was arrested under Section 57 of the ICT Act on the next day. “After spending over 100 days in jail and being denied bail five times, Alam was finally granted bail by the High Court Division with a bail bond of BDT 10,000, however the case against Alam currently remains in the investigation stage with no case filed before the Cyber Tribunal. As of 2024, police have not submitted Alam’s investigation report. However, Alam has been required to register a personal appearance also known as Hajira at all the scheduled hearings by the magistrate. Since his bail in November 2018 until May 2024, Alam has appeared approximately 68 times to register his appearance,” the report elaborates.

The report also highlighted criminalisation of human rights defenders’ work published in digital formats under other legislations. “In May 2021, Rozina Islam, a journalist for Prothom Alo, was targeted under the Official Secrets Act and penal code in relation to her reporting on the government’s response to the coronavirus pandemic. Islam was detained for several days before being granted bail and experienced restrictions on her ability to access her passport while the investigation on the complaint was ongoing. On 14 August 2024, over three years after the case was filed against her, the Metropolitan Magistrate’s (CMM) Court in Dhaka cleared Islam of the charges under the Official Secrets Act.”

The existing CSA is overly broad and not in line with Bangladesh’s commitments under its constitution or its commitments under international law, and the use of this law against human rights defenders poses a great risk to the enjoyment of fundamental human rights in Bangladesh. Accordingly, the interim government which has indicated that it supports the protection of human rights and human right defenders can adopt several recommendations.

The interim government should consider repealing the CSA and starting with a new discussion on cyber laws that takes into account public stakeholders including the human rights community. In the alternative, the government should implement substantive amendments to the CSA particularly relating to relating Sections 21, 25, 28, 29, and 31.

The interim government should quash or dismiss the remaining cases against human rights defenders under the cybercrime laws including the ICT Act, DSA, and CSA. Additionally, until the government has resolved the issues with the cybercrime laws, it should consider suspending the initiation of new cases particularly against human rights defenders or political opponents.

Along with dismissing cases that are currently in the court dockets, the government should also consider compensating individuals who were illegitimately targeted with cyber laws prosecutions in the past.

The government should conduct a prompt and impartial investigation into the allegations of torture in line with Bangladesh’s commitments under the Convention Against Torture (CAT, the report concludes.