Cyber Security Act will be a ‘black law’ if passed: TIB

Regarding the draft Cyber Security Act (CSA), Transparency International Bangladesh (TIB) has observed that the authorities have formulated the draft by merely placing a new cover on the controversial Digital Security Act (DSA). 

The draft CSA contains all the fundamental flaws and apprehensions associated with the DSA. If passed into law in its current state, the CSA would be another ‘black law’, like the DSA. 

In a press briefing at its office in the capital’s Dhanmondi area, TIB executive director Iftekharuzzaman feared the CSA would pose a risk of undermining the people’s fundamental freedoms.

He called upon the authorities to revamp the draft in consultation with stakeholders and experts. 

Sheikh Manjur-E-Alam, director  (outreach and communications) of TIB, presented a comparative analysis of the existing Digital Security Act and the proposed Cyber Security Act at the briefing.

The cabinet granted final approval to the draft Cyber Security Act-2023 on Monday, with incorporation of two new bailable sections. The bailable sections in the draft law are 18 (1) (b), 20, 21, 22, 23, 24, 25, 26, 28, 29, 30, 31, 32, and 46. 

During the in-principle approval at the cabinet, there were six non-bailable sections in the law. The number has now decreased to four with reclassification of sections 21 and 30 as bailable. 

The anti-graft watchdog noted civil society representatives’ concern over vague definitions of offences in the law. Journalists, lawyers, rights activists and civil society representatives expressed fear that the ambiguous definitions of offences and some striking similarities to the DSA might pave the way to harassment of people.

However, law minister Anisul Huq assured that the parliamentary standing committee will discuss the draft law with the stakeholders.

Iftekharuzzaman said the draft law is controversial in both terms of process and content. A positive practice established under the current government is that the authorities engage stakeholders directly or indirectly while formulating an important law. But this was not the case with the CSA.

The draft was approved with just a 14-day window for comments, which is a clear breach of common practice.

However, there is still room for involvement of stakeholders and the government will ensure it, he hoped.