Govt replaces DSA into ‘Cyber Security Act’

Staff Reporter :
Amid huge criticism and protest from different corners from home and abroad, the government on Monday decided to modernise and replace the controversial ‘Digital Security Act (DSA)’ as ‘Cyber Security Act (CSA)’.

Meanwhile, Transparency International Bangladesh and some political parties have cautiously applauded the government’s decision saying that the new CSA would not be repressional like the DSA.

Same time, some of the provisions of the DSA was also amended in the new draft law which would be passed in the Parliament (Jatiya Sangsad) in its upcoming session in September this year, according to the draft law, which was endorsed in the Monday’s Cabinet meeting held with Prime Minister Sheikh Hasina in the chair at her Tejgaon office.

According to the new law, there will be no jail term for defamation under the section 29 of the CSA. Instead of jail, provision of fine only was included in the law.

Minimum Tk 5 lakh to highest Tk 25 lakh would be penalised for publishing defamatory news against a person.

However, there will be jail term of three to six months if fine not paid, Law Minister Anisul Huq told media at his Secretariat office after the meeting.

Anisul Huq said, the government decided to amend many sections with the intention to stop misuse and abuse of the controversial DSA. The draft law would be placed before the JS in September for passage.

He, however, informed that trials of the existing cases filed under the DSA would continue.

“Mainly, we have reduced the penal provisions and punishments. We have got rid of penal punishments of defamation. Now, the offenders will not be jailed for defamation.

For defamation, there will a punishment of penalty. We have brought the change in alignment of the civil remedy,” he added.

The minister said, “The only penalty for defamation under the Cyber Security Act is a fine. But if the fine is not paid, there will of course be jail time of three to six months, depending on the fine.

But the main penalty is a fine.”

About the change to the DSA, which has come under criticism as a law that stifles freedom of speech and expression since it was enacted in 2018, Anisul Huq said, “The amendments or the new law was not made to satisfy anybody.

As it is Sheikh Hasina’s government, it is a listening government. Therefore, we have decided to modernize and also stop the misuse and abuse of the DSA, and with that intention we have transformed the act and changed its name to Cyber Security Act.”

According to the minister, the law enforcement agencies would have authority to check, seize or arrest a person without any arrest warrant under the section 43 of the penal code

. The punishment under its Section 28 has been reduced to two years and the section was included as bail able one in the new law.

The punishments under the sections of 31 and 32 were reduced to five years and seven years instead of seven years and 14 years respectively.

The section 30 would remain in the new law, but existing provisions of section 33 would be cancelled, he informed, adding that cancelling the existing section 33, the provision of hacking would included there.

Highest 14 years of imprisonment and Tk 1 crore would be fined for hacking under the law.

The section 31 of the law consist the provision of the communal harmony and for breaching the harmony by publishing any report, the offenders would be sentenced imprisonment of five years and penalty of Tk 5 lakh or both.

Under the section 32 of the law, a person would have to suffer jail term of seven year and penalty of Tk 25 lakh.

Under the section 21, the offenders would be sentenced for jail term of seven years and penalty of Tk 1 crore for propaganda against the liberation war of 1971, the spirit of the liberation war, national flag and national anthem and the Father of the Nation Bangabandhu Sheikh Mujibur Rahman.

Huge criticism and debate continues about the DSA since it was enacted in 2018 from different corners from home and abroad. Mainly the journalist community was the most affected of the DSA.

In this situation, leaders of the journalist community and various political parties have been demanding cancellation of the controversial law.

At one stage, the various international community’s including the European Union (EU) and the United States (US) have also joined the queue.

In the recent meetings with the government’s policy makers, the delegations of the EU and US visited Bangladesh for observing the election environment in the country have also made the demand about cancellation of amending the DSA.

Responding the demands, Law Minister Anisul Huq finally announced that the law would be amended within September this year as the draft of amendment would be placed before the JS in its September session.

He also informed that, in this regards, necessary works are going on.

Amid this situation, the draft of CSA was prepared amending the DSA and placed before the Cabinet on Monday its regular weekly meeting.

Meanwhile, Transparency International Bangladesh (TIB) has expressed “cautious appreciation” for the government’s decision to repeal the Digital Security Act (DSA) in response to the continuous demand from relevant stakeholders.

However, TIB has made a definite call to ensure that the new cybersecurity law, being enacted to replace the DSA, does not become a tool to suppress independent opinions and restrict freedom of expression in the media.

The organisation has also urged for active involvement of relevant stakeholders and experts in the process of enacting the new law.

TIB’s Executive Director, Dr. Iftekharuzzaman, said, “We welcome the government’s decision to repeal the law.

At the same time, we want to believe that the government considered how the Digital Security Act had become regressive and a tool for suppressing voices and dissent before making the decision to repeal it.”

“Therefore, the new cyber security law should only be limited to ensuring cybersecurity and should not impose any barriers on the use of cyberspace or digital platforms for independent and diverse expressions,” he stressed.

Jatiya Party Chairman and Opposition Deputy Leader in Parliament Ghulam Mohammad Quader thanked the government for deciding to repeal the Digital Security Act and make a new law. He said the Digital Security Act should have been repealed earlier.

He said in a statement that the government has announced the formulation of the Cyber Security Act-2023.

Hopefully, the Cyber Security Act will not be restrictive and the law should not be against fundamental and human rights of people.

Cyber security laws should not be a tool to suppress dissent, he added.

GM Quader also warned it will not be accepted if the Cyber Security Act stifles the voice of the media.