Cyber Security Act to replace DSA with no jail for defamation

The government has decided to replace the heavily criticised Digital Security Act 2018 with an upgraded Cyber Security Act 2023 with amendments to some sections of the existing law and the addition of new penalties for hacking-related offences.

The current Digital Security Act entails imprisonment for offences such as publishing defamatory information against someone.

The draft "Cyber Security Act 2023" was approved in principle in a cabinet meeting chaired by Prime Minister Sheikh Hasina on Monday.

The Information and Communication Technology (ICT) Division presented the draft law at the Cabinet meeting.

Citing reasons for the amendment of DSA, the ICT Division said the misuse of information technology in some cases has put people's lives and property at risk. That is why, the people-friendly government feels the need to repeal the Digital Security Act 2018 and enact the Cyber Security Act 2023 in order to keep the people safe from all kinds of cyber abuses and risks.

The proposed Cyber Security Act will carry monetary penalties instead of imprisonment in defamation cases filed under the Act. If the law comes into effect, the police will not arrest anyone in defamation cases.

Legal experts and human rights activists, however, expressed concern about the changes being made in the proposed law and how much different it will be from the DSA.

Barrister Jyotirmoy Barua, a human rights activist and Supreme Court lawyer, told TBS the changes made were merely decorative and not made based on public opinion.

"We have little to cheer about the proposed new law. Because DSA was preceded by the ICT Act. But we would like to see that whatever law is made, it is made based on the opinion of the stakeholders," said Nur Khan Liton, executive director of Ain o Salish Kendra. 

Briefing the media at the secretariat after the cabinet meeting, Law Minister Anisul Huq said the proposed law has reduced the punishment in various sections of the law. There were many non-bailable sections which are being made bailable.

When asked whether there will be any controversial section in the new law, the law minister said there will be no controversy over the new law and it will not need further amendments.

"Cyberspace is very wide. That is why the name of the law has been changed considering the security of digital progress," he said.

The law minister said when the new law comes into effect the police will not arrest anyone in defamation cases. "The provision of imprisonment is being lifted in such cases. Where there is no imprisonment, there is no reason to arrest."

Anisul Huq said, now the draft law will be sent to the Legislative Division of the Ministry of Law and Parliamentary Affairs for vetting.

After the vetting, the draft law will be presented for passage in the next Jatiya Sangsad session to be held in September.

The law minister said the Digital Security Act entails imprisonment for publishing defamatory news. Now that provision is being repealed. The new law includes a maximum fine of Tk25 lakh. 

However, failure to pay the fine will result in imprisonment for a minimum of three months and a maximum of six months, he added.

Anisul Huq said a new section on hacking is being added to the proposed Cyber Security Act. "If someone is found to have committed cyber hacking, he/she will be punished with 14 years of imprisonment or a fine of Tk1 crore or both," he said.

The law minister said as per the new law, the police will investigate digital crimes and cyber crimes. The hacking equipment will also be seized immediately. That is, Section 43 of the Digital Security Act has been kept completely unchanged in the new law.

The cases already filed under the Digital Security Act will continue, the minister said, but the case proceedings will continue under the new provisions after the new law is passed. 

In response to a question of whether the new law will be able to satisfy all local and foreign parties, the law minister said, "It is not our headache whether foreigners or different parties of the country will be satisfied by the law. The prime minister, the prime minister's ICT advisor and all the concerned parties have decided to amend this Act for the sake of public interest. This will stop the harassment of people of all professions."

Section 28 of the Digital Security Act carries a maximum sentence of five years imprisonment for the charge of inciting or hurting religious sentiments. The new law reduces this penalty to two years. This section is non-bailable in the present law, it is being changed to bailable, said the law minister.

Section 21 of the Digital Security Act entails imprisonment not exceeding 10 years or a fine not exceeding Tk1 crore or both for any kind of publication or propaganda against the Liberation War, the spirit of the Liberation War, the Father of the Nation, the National Anthem or the National Flag.

The law minister said the sentence for this crime has been reduced to seven years in the proposed law.

Section 31 of the Digital Security Act is also being amended in the proposed law. This section states that if a person intentionally publishes or broadcasts on the website or digital platform anything which creates hatred or enmity between the various classes or communities or destroys communal harmony or creates unrest or disorder or deterioration of law and order, then the person shall be punished with imprisonment not exceeding seven years, or with a fine not exceeding Tk5 lakh or with both.

The proposed law reduced the jail sentence to five years. The additional sentence for the second time of the same offence is abolished, the law minister said. 

Section 32 of the Digital Security Act entails imprisonment for a jail term not exceeding 14 years or a fine not exceeding Tk25 lakh or both for the offence of breaching government secrets. The jail term has been reduced to seven years, he said.

On 8 October 2018, the DSA was enacted with the aim of preventing the spread of racism; sectarianism; extremism; terrorist propaganda; and hatred against religious or ethnic minorities through social media, print media or any other electronic media.

The act allows police officers to detain people without a warrant. The act was created using Section 57 of the Information and Communication Technology Act, which was passed in 2006, as the model.

After the enactment of the DSA, over 7,000 cases were filed under it till January 2023. Journalists are the most sued under this law.

Despite the law minister's assurance to stop the "abuse" of the law, arrests of various persons including journalists did not stop. 

The act has been heavily criticised for its misuse. The act was opposed by members of the media, the opposition parties and human rights organisations. There were demands for the repeal or amendment of the law.

UN High Commissioner for Human Rights Falker Turk called on the Bangladesh government to scrap the Digital Security Act.

Amnesty International has welcomed the decision but urged the government to ensure the new cyber law does not have the same "repressive" features.

"Bangladesh: Amnesty International welcomes the decision of the government to repeal the Digital Security Act (DSA), a draconian law which was weaponised by the ruling party and its affiliates to stifle dissent and thwart freedom of expression online," Amnesty tweeted on Monday.

"However, the government must ensure that the Cyber Security Act it plans to replace DSA with does not rehash the same repressive features of the DSA."

What do experts say?

Nur Khan Liton, executive director of the non-governmental human rights organisation Ain o Salish Kendra, told TBS that the "Digital Security Act" is being renamed the "Cyber Security Act". In the new name, there remains a reclusive sentiment. A kind of insecurity emerges in the name itself. The name could have been, "Cyber Protection Act" or "Cyber Safety Act". Then the law would be quite comprehensible to the common man.

"But one thing is clear, the harassment of men and women of various professions, especially journalists and human rights activists, has been done through DSA. We have been demanding that the Act be repealed for a long time. Finally, it is changing," he said.

Barrister Jyotirmoy Barua said, "The law minister mentioned that people were afraid of the name DSA, and the renaming of the law is intended to eliminate that fear."

Jyotirmoy Barua also emphasised that to make the law more people-friendly, it is crucial to gather views from stakeholders and incorporate their perspectives into the legislation.