Safeguards sought for cyber law
Ensuring that new cyber legislation strengthens the rule of law without undermining freedom of expression will be crucial to establishing good governance, journalists, lawyers, academics and human rights activists said at a discussion organised by the Broadcast Journalist Center (BJC) in the capital on Saturday They expressed concern that proposed amendments to the Cyber Security Act could create risks for press freedom and human rights unless provisions on misinformation and disinformation, defamation, warrantless arrest and content removal are more clearly defined and subject to adequate safeguards.
Participants included Newspapers Owners Association of Bangladesh (Noab) President Matiur Rahman Chowdhury, The Daily Star Editor and Publisher Mahfuz Anam, Bangladesh Legal Aid and Services Trust (BLAST) Executive Director Barrister Sara Hossain, National Press Club President Hasan Hafiz, Jagannath University Assistant Professor of Mass Communication and Journalism Rahat Minhaz and ULAB Professor Suman Rahman.
The BJC called for a review of several provisions, particularly Section 26(A), arguing that the draft should clearly establish how the truthfulness of alleged rumours or unverified information would be determined and when reporting by journalists, researchers or ordinary citizens could constitute an offence.
BJC Executive Member Milton Anwar said unverified information should not be broadly criminalised. Instead, he called for greater transparency in government information, stronger fact-checking and responsible journalism.
The organisation also proposed removing provisions relating to “defamation” and “humiliation” from Section 25, which deals with the protection of women and children.
It further called for written reasons and prior notice before content is removed, along with an opportunity for independent judicial review.
Press freedom concerns
Noab President Matiur Rahman Chowdhury warned that the proposed law could become more restrictive and make it harder for journalists to report matters of public interest.
“This law will further encourage self-censorship. No one can be made responsible through legislation,” he said.
“A law is necessary, but if there is such a law, there will be no freedom,” he added.
Mahfuz Anam said legislation was necessary to combat cybercrime, but safeguards were needed to ensure that efforts to prevent criminal activity did not undermine freedom of expression.
He also suggested considering separate provisions for journalists, writers and cartoonists.
BJC Trustee Board Chairman Fahim Ahmed said legislation should not be framed in a way that could expose a future BNP government to allegations of suppressing the media or adopting authoritarian practices.
“We want a law, but we do not want a regulatory law. We do not want a law that ties our hands and feet,” he said.
He also called for effective measures to tackle misinformation and disorder on social media.
BLAST Executive Director Sara Hossain said the proposed amendments could create new risks to human rights.
She argued that defamation should not be treated as a criminal offence and expressed concern over provisions allowing arrests without warrants.
ULAB Professor Suman Rahman said combining elements of three different laws had created complications.
He warned that the prospect of imprisonment and legal harassment, alongside economic uncertainty, could further discourage students from choosing journalism as a profession.
Govt open to further changes
As chief guest, Prime Minister’s Information and Broadcasting Adviser Dr Zahed Ur Rahman said the proposed legislation had not yet been enacted, leaving scope for further amendments and consultations with stakeholders.
On misinformation and disinformation, he said Bangladesh had experienced instances in which rumours were used to trigger communal violence, making legal measures necessary to address harmful misinformation.
He acknowledged, however, that questions remained about how the proposed law would be enforced and how its definitions and scope would be determined.
Regarding content-blocking powers, Zahed said he did not dismiss concerns about the authority to remove content immediately, although some emergencies could require swift action.
He said a provision requiring authorities to provide reasons within three days after blocking content had been removed from the draft and an appeals mechanism had instead been incorporated. The issue, he added, could be discussed further with stakeholders.
Rejecting comparisons with the previous Awami League government, Zahed said the current government would not use the proposed law in the same manner.
“If this law is passed unchanged on paper, this government will not become the Hasina government,” he said.
Zahed said policies were also needed to address emerging forms of online journalism and information dissemination alongside measures to combat cybercrime.
He said the government should take concerns raised by the media and citizens into account when monitoring implementation of the law.
He also said the media and civil society would have a responsibility to present evidence of any misuse of the legislation to the public and the government after its enactment.
