DSA needs to be reviewed allowing people to exercise freedom of expression
Staff Reporter :
Concerned stakeholders said that the existing Digital Security Act (DSA) needs amendment so that people could exercise their freedom of speech on the online platform without intimidation to exercise the fundamental rights.
Underscoring the need for laws for digital security, they said that the amendment of Section 43 is important so that police must need a properly issued warrant from the court before conducting searches, arrests and seizures as this Section has given limitless power to law enforcers.
The observation came in a seminar on the the Digital Security Act titled ‘Lesson Learnt Seminar on Fostering Responsible Digital Citizenship’ organised by Development Research Network (Dnet) in collaboration with the European Union (EU) and the Friedrich Naumann Foundation for Freedom held in a city hotel on Tuesday.
Highlighting the scope of misusing DSA, they said that the misuse of DSA can harass individuals and curtail their freedom of expression which the fundamental rights enshrined in the Constitution.
The Sections 25, 29 and 31 of the DSA, which act as key barriers to the freedom of expression, should be reviewed to ensure the compliance with international human rights law, they recommended.
They have further recommended that the offences committed under the DSA should be made bailable and non-cognizable.
Training and strict monitoring of law enforcement agencies on the use of DSA to prevent its misuse and introducing training on cyber law for lawyers, prosecutors and judges so genuine victims are able to seek and obtain justice, the observation said.
They have also recommended for conducting mass awareness campaigns with young people on the provisions of DSA to remove their state of unawareness and to ensure victims of cyber offences. The young people should also use the digital platform responsibly.
Rumki Farhana, Senior Programme Officer of ARTICLE 19 said, “Evidentially the DSA is being abused as a weapon of legal harassment of the journalists and communicators than playing the role of protection.”
Executive Director of DNET M. Shahadat Hossain said, “Though amendment of law is a long-drawn process, the DSA needs to be reviewed to avoid the reports of misuses. Within the purview of the law, the young generation should learn how to behave on the digital platform.’
Barrister Syed Ejaz Kabir said that the behaviour of the people in the real world is reflected on the digital platform and the stakeholders and the policymakers should work here.
Dr. Nazmul Hossain, the Country Representative of Frederick Nauman Foundation for Freedom, said that the students needed to be made conscious about using the digital platform because their learning can spread and share their knowledge to others effectively.
Taif Hossain, EU Program Manager said that the dissemination of digital literacy to all is difficult, but the mass media can play a pivotal role here.
Rabiul Islam, a Professor of the University of Rajshahi said that “It is necessary to educate young people, including journalists and activists, as to how to express themselves in a constructive and legal manner on social, cultural, economic, and political issues on the digital platform.”
The parents, guardians, and teachers can guide the young generation as to how to express themselves freely and safely in the digital space.
