Cyber Security Act: Concerns not allayed despite changes

Human rights activists and various journalist forums have been expressing their concern after the publication of the Cyber Security Act draft.

They say that the government is keeping the basic content of the controversial Digital Security Act intact, with just a change in name.

In face of such criticism and objections, two more sections of the proposed law have been made bailable. Now four sections of the act remain non-bailable. There were six non-bailable sections in the previous draft.

After bringing about these changes, the cabinet approved of the draft of the Cyber Security Act 2023 yesterday, Monday. Even though the main area of concern was the manner in which various offences were defined in the controversial Digital Security Act, this remains more or less the same in the proposed law.

That is why journalists, lawyers, human rights activists and other members of the civil society have been voicing their apprehensions about the misuse and abuse of the new law. Their area of concern basically is that while, in certain cases, sentences have been reduced and some sections made bailable, the offences have not been defined specifically. The scope to harass people remains as before.

The government, all on a sudden on 7 August, declared that the controversial Digital Security Act would be suspended and a new law, the Cyber Security Act, would be put in its place. On the very same day the cabinet approved of the draft of this act. However, after the cabinet meeting, law minister Anisul Huq told newspersons that the Digital Security Act was not being abolished, but changed.

A day after this statement was made by the law minister, on 9 August the government published the draft of the Cyber Security Act on the website of the Information and Communication Technology (ICT)'s Digital Security Agency. It was said that views on the proposed law could be sent in within 14 days. It was later learnt that around 500 different views and opinions were sent in by various individuals, organisations and institutions. The ICT Division passed these on to the law ministry. And yesterday, Monday, the draft of the proposed law was placed at the cabinet meeting. With the cabinet giving its final approval to the draft, the proposed law will then be placed in the national parliament in September to be passed.

Earlier, in 2018, the government passed the controversial Digital Security Act in parliament. From the very outset, journalists as well as local and international human rights organisations expressed concern about this law. The civil society too objected several times to various sections of this act. Now, in face of vehement debate and criticism at home and abroad, the government is bringing about the Cyber Security Act in place of the Digital Security Act. However, the content of most of the sections of the Digital Security Act has more or less been replicated in this act. The only changes are that the number of bailable sections has been increased and sentences have been reduced in a few instances.

The UN's Office of the High Commissioner for Human Rights (OHCHR) had spoken about annulling two sections (21 and 28) of the Digital Security Act. But the content remains much the same in the proposed law.

Section 21 has provision for punishment for any sort of propaganda or publicity against the liberation war, spirit of the liberation war, the father of the nation, the national anthem or the national flag. Also, Section 28 of the Digital Security Act speaks of hurting religious values or sentiment. All this remains in the new law and the lack of clarity had not been addressed.

There are 14 non-bailable sections in the Digital Security Act. These are sections 17, 19, 21, 22, 23, 24, 26, 27, 28, 30, 31, 32, 33, and 34. When the draft of the Cyber Security Act was approved in principle, 8 of these sections were made bailable. These were 22, 23, 24, 26, 28, 31, 32 and 34. And now in the final approval, sections 21 and 30 have also been made bailable. In the proposed law the bailable sections are 18(1)(b), 20, 21, 22, 23, 24, 25, 26, 28, 30, 31, 32 and 46.

In the newly made bailable Section 21, the sentence has been reduced to seven years. But the maximum fine has been kept at Tk 10 million (Tk 1 crore) as before. In the Digital Security Act this section's sentence was maximum 10 years or Tk 10 million fine or both.

Also, Section 30 speaks of offences and sentences concerning extrajudicial e-transactions.

There were 6 non-bailable sections in the proposed law. With two of these being made bailable, now there are four non-bailable sections. These are sections 17, 19, 27 and 33. Section 17 talks about offence and punishment concerning illegal access to any critical information infrastructure. Section 19 is about harming computers, computer systems, etc. Section 27 deals with cyber terrorism and Section 33 about hacking.

Speaking to newspersons at the secretariat on Monday, cabinet secretary Mahbub Hossain said that other than these four sections, the remaining sections are all bailable. The draft of the law was made laxer at the cabinet meeting.

Earlier law minister Anisul Huq at a press briefing on the proposed law held on 20 August, said that the number of bailable sections may be increased further.

Speaking in this connection to Prothom Alo on Monday, Anisul Huq said that now other than in technical sections, there are no non-bailable sections in the draft law.

Editors Council, the organisation of newspaper editors, has said that it would be meaningless to have a new law if there is no characteristic difference between the Digital Security Act and the proposed Cyber Security Act other than a change in name.

In a statement issued on 9 August, the Editors Council said that discussions should be held with stakeholders in the news media before the proposed Cyber Security Act is finalised so that it does not become a weapon against the independence of the media like the Digital Security Act.

And since the government has decided to abolish the Digital Security Act, the cases filed under it must be withdrawn and those who have been arrested and imprisoned under the act, must be released.

Executive director of Transparency International Bangladesh (TIB) Iftekharuzzaman feels that just the outer cover has been changed in the proposed Cyber Security Act. Speaking on Monday to Prothom Alo over mobile phone, he said that sentences have been reduced in some cases and bailable sections have been increased just as eyewash. Without any discussion with the stakeholders, just 14 days were given for anyone to send in their views. The content hasn't changed. And so apprehensions remain regarding fundamental rights, freedom of expression and freedom of speech.