Govt to repeal CSA, end ‘black law’

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Staff Reporter :

In a major move, the interim government, headed by Dr. Muhammad Yunus, has reached an in-principle decision to repeal the highly contentious Cyber Security Act of 2023.

This law enacted by the former Awami League government, has been widely criticised as a tool for stifling dissent and suppressing freedom of speech.

The original act, passed to replace the also-controversial Digital Security Act-2018, was often used against critics of the Hasina government, particularly targeting journalists, human rights activists, and opposition voices.

Despite vocal opposition from civil society, human rights groups, and political figures across Bangladesh, the Hasina administration pressed forward with the legislation, which critics branded as a “black law.”

Activists argued that the law’s harsh penalties and vague definitions allowed authorities to intimidate and arrest individuals having dissenting opinions.

The interim government, formed to guide the country through a transition period, has placed the repeal of the Cyber Security Act at the forefront of its agenda.

Dr. Yunus finalized the decision on Thursday in a meeting with his advisory council at his office in Tejgaon, Dhaka.

Following the session, Environment, Forest, and Climate Change Affairs Adviser Syeda Rizwana Hasan spoke to the media, confirming the unanimous decision to annul the law.

“Yes, we unanimously decided to scrap the unjust law,” she stated.

The interim government’s discussions on the Cyber Security Act have been ongoing for some time.

Legal Adviser Asif Nazrul, speaking at an event in Dhaka on October 3, emphasized the need for its repeal, describing it as essential to restoring freedom of expression in Bangladesh.

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The recent decision to repeal the act reflects growing momentum within the advisory council to address the legacy of controversial legislation aimed at controlling speech and limiting the public’s freedom to critique.

In addition to the repeal, the interim government has announced that it will immediately begin dismissing existing cases filed under the Cyber Security Act.

Many of these cases pertain to “speech offenses”-a category that has drawn particular criticism from human rights advocates who argue that the law has been weaponized to silence opposing voices.

As part of the repeal, individuals currently detained under these charges will be released through expedited legal processes, according to government sources.

The Cyber Security Act of 2023 replaced the Digital Security Act of 2018, itself an amendment of the Information and Communication Technology (ICT) Act of 2006.

All three laws have been the subject of persistent critique from international rights organizations and local activists, who assert that they effectively criminalized free speech.

Statistics from the Ministry of Law reveal the law’s widespread impact: as of August 2024, 5,818 cases were filed across the country’s eight Cyber Tribunals under these three laws, with 1,340 specifically related to speech offenses.

The government categorized these cases into “speech offenses”-related to the publication of personal opinions-and “computer offenses,” which include hacking or fraud.

The distribution of cases is telling; 279 fall under the ICT Act, 786 under the Digital Security Act, and 275 under the Cyber Security Act.

In a press release on September 30, the Ministry of Law confirmed that the government plans to withdraw the pending cases related to speech offenses, totaling 879 cases across various tribunals.

Meanwhile, 461 cases that remain under investigation will be resolved by instructing officers to submit final reports promptly

. The ministries of Law and Home Affairs are expected to coordinate closely to expedite these withdrawals.