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TIB finds press freedom rights at risks

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Staff Reporter :

TIB has expressed grave concerns regarding several provisions of the Cyber Protection Ordinance, 2024, which may threaten citizens’ freedom of expression, dissent as well as media freedom and their right to organise.

During a press conference organised to present TIB’s observations and recommendations on the ordinance, the organisation stated that it largely preserves the regulatory and surveillance mechanisms of previous oppressive laws.

TIB further criticized the ordinance for being rushed through approval without providing relevant stakeholders adequate opportunity for review, deeming the process deeply regrettable and unexpected.

In a press statement on Thursday, TIB Executive Director Dr. Iftekharuzzaman said, “The review of the ordinance reveals that it largely mirrors the agenda and rhetoric of the previous authoritarian government, with several sections echoing provisions from the former Digital Security Act (DSA) and Cyber Security Act (CSA).”

“Freedom of speech, expression, free media, and organizing rights are at risk as a result of this ordinance. Although it claims to promote digital rights, it effectively retains the control and surveillance mechanisms of earlier repressive laws,” he continued.

Dr. Zaman further stated that, “Despite categorizing hurting religious sentiments as a crime, the ordinance fails to define what religious sentiments are.

While offending religious values is undeniably unacceptable, the same standard should apply to values of equality, non-communalism, and anti-discrimination.”

“Currently, the ordinance does not reflect the people’s aspirations,” he said.

He urged for a thorough revision in consultation with relevant stakeholders before its finalization.

“This process should ensure that Bangladesh’s constitutional commitments and obligations under international human rights conventions, including the Universal Declaration of Human Rights, are fully upheld,” he added.

TIB has reviewed the Cyber Protection Ordinance 2024 and found its structure and content misaligned with international best practices.

While the ordinance seeks to address various aspects of cyber security, cybercrime, and freedom of expression, its vague terminology and complex language have created confusion among both the ordinary public and experts.

Additionally, the absence of clear definitions for technical terms such as “artificial intelligence,” “block-chain,” and “quantum computing” may further complicate the application of the law.

The definitions of “computer,” “data storage,” and “computer system” in Section 2 of the Cyber Security Ordinance, 2024 are overly broad and fail to reflect technical realities, potentially complicating the law’s application.

TIB’s review also highlights that the title and structure of the ordinance deviate from international standards.

Additionally, Sections 16 and 17 lack clear provisions for oversight by certified experts in monitoring processes to ensure robust cyber security and manage breaches effectively.

Section 25 addresses cyberbullying, insult, harassment, and blackmail in overly broad terms, risking the classification of legitimate criticism as “insult” or “harassment.”

“This poses a threat to citizens’ freedom of expression. Therefore, this section must be revised in alignment with the Constitution and international human rights standards,” TIB said.

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