The Cyber Protection Ordinance draft approved by the interim government will threaten the freedom of expression and the media as ambiguity over the language, as well as empowerment of the government will create an opportunity for political government and ruling parties to misuse the ordinance.
Experts said such an ordinance in a changed political situation is disappointing and called for finalising the ordinance through further discussions.
Speakers made these remarks at a discussion on ‘Cyber Protection Ordinance: Continuity of state repressive system and negligence to mass uprising’ organised by citizen platform Voice for Reform at Bishwo Shahitto Kendro in the capital’s Bangla Motor area on Saturday.
Addressing the event, UN Special Rapporteur on freedom of opinion and expression Irene Khan said she wrote a letter to the Awami League government over the Cyber Security Act. If a comparison is drawn between that letter and this draft ordinance, the letter can now be sent to this government with little modifications. Human rights will always come atop in international laws but neither the past government nor this government are talking about human rights and they are focusing on security. Both issues are complement to each other.
Referring to her letter sent to the past government, she said the flaws that she mentioned are also applicable this time as the language of the ordinance is ambiguous, posing risks. If language remains unclear ruling people misuse it. Language must be strong. There are flaws on sections 25 and 26 on freedom of expression. Both the Cyber Security Act and the draft ordinance show the government is holding power in a similar fashion.
Issues related to disinformation and misinformation did not come up in the ordinance and these issues should be included, Irene Khan said raising a question on why libel lawsuits will be under the criminal laws as it will threaten press freedom to a great extent.
Bangladesh Legal Aid and Services Trust (BLAST) honorary executive director Sara Hossain welcomed the government for working on the Cyber Security Act on a priority basis. She said this law is necessary but the questions are arising on the issues of the law whose process started during the BNP government in 2006 through the ICT Act. The Awami League governments kept those as it was. However, they did not expect the interim government would also keep the provisions. She asked why the repressive laws formulated during political government would be in place again.
Questions remain whether discussions were held with stakeholders of all parties on the draft of the ordinance, and everyone must be informed of the discussants and recommendations, she added.
Voice for Reform co-convener, photographer and human rights activist Shahidul Alam said it is necessary to hold discussion transparently to take a decision or formulate a law. Everyone wants something different from this government.
Supreme Court senior lawyer Jyotirmoy Barua said the Cyber Protection Ordinance has been formulated on the structure of the Cyber Security Act but concerns still persist among citizens and professionals, especially journalists. Languages changed slightly but various definitions in the ordinations are given randomly while cyber bullying has no explanation and libel has been defined by many words. The ordinance has been prepared on a thought of exerting control. He also raised questions on the process of the formation of Cyber Protection Council.
This lawyer further said, will it no be a crime, according to section 25, if the matter holds artistic and educational value? Besides, religious sentiment was not defined. This section was in ICT Act, Digital Security Act and Cyber Security Act, but it benefited no minority people rather those were used against them.
International Crimes Tribunal assistant attorney general Md Saimum Reza Talukder said confusion shrouded over which version of the drat is going to be enacted as law during the Sheikh Hasina rule and confusion was created this time too. He expected the ordinance will be finalised in consultation with everyone.
Saying that the ordinance stated women and children issues separately, Tech Global Institute founder and executive director Sabhanaz Rashid Diya added that questions remain whether people who work on women and children issues were consulted. Efforts have been carried out to control freedom of expression on the pretext of women and children. If political governments get this ordinance as it is now it will be misused, she added.
Rastro Songskar Andolon's financial coordinator Didarul Bhuiyan said when this government came to power they said speech of offence cases will be quashed. Cases against chief adviser, big leaders of major political parties were dismissed without a question and they were acquitted. Are the victims of digital, cyber security and ICT acts are more criminals than those, he added.
Voice of Reform co-convener Fahim Mashroor said if the draft is prepared by bureaucrats there is nothing to expect from the ordinance.