Bangladesh Responds to Criticism: Unveils Cyber Security Act as Amendment to Controversial Digital Security Act

07-08-2023

Alexandra Posta

East and South Asia Human Rights Researcher

Global Human Rights Defence

In response to widespread criticism from human rights groups and international organizations (Mahmud, 7 August 2023; La Prensa, 7 August 2023; AA, 7 August 2023), the Bangladeshi government has unveiled plans to amend its controversial Digital Security Act (DSA) and replace it with a new legislation named the Cyber Security Act of 2023 (Mahmud, 7 August 2023; La Prensa, 7 August 2023). The decision aims to address concerns surrounding the misuse of the existing DSA, which has been used to suppress dissent and curtail freedom of speech (Mahmud, 7 August 2023; La Prensa, 7 August 2023).

Law Minister Anisul Huq revealed during a news conference that the proposed Cyber Security Act is set to retain many of the provisions of the current DSA while removing sections that have the potential for misuse (Mahmud, 7 August 2023; La Prensa, 7 August 2023). The new law will introduce "monetary penalties" instead of imprisonment for journalists facing defamation cases, in an effort to alleviate concerns over the law's impact on press freedom (Mahmud, 7 August 2023). Journalists were among the worst victims of the DSA, with the US State Department labeling it as "one of the world's most draconian laws for journalists" (Mahmud, 7 August 2023).

The decision to amend the DSA came in the wake of mounting demands for its repeal from rights activists, including the United Nations Human Rights Chief Volker Turk (Mahmud, 7 August 2023). In April, the UN urged Dhaka to impose an immediate moratorium on the DSA's use and comprehensively reform its provisions to align them with international human rights standards (Mahmud, 7 August 2023). Human rights groups have long referred to the DSA as a "black Act" due to its misuse by the government to suppress freedom of expression (Mahmud, 7 August 2023; La Prensa, 7 August 2023).

The cabinet meeting, chaired by Prime Minister Sheikh Hasina, took into account the calls for reform and decided to amend the DSA to address its shortcomings (Mahmud, 7 August 2023). However, not everyone is satisfied with the decision (Mahmud, 7 August 2023). Opposition parties, including the Bangladesh Nationalist Party (BNP), argue that a mere replacement of the law does not go far enough, and they had called for the complete repeal of the DSA (Mahmud, 7 August 2023; AA, 7 August 2023).

Despite the government's assertion that the Cyber Security Act will prevent misuse and abuse of the law, legal experts, human rights defenders, and opposition parties remain cautious (Mahmud, 7 August 2023). They seek further details about the provisions in the new law to ensure it does not infringe upon press freedom or stifle opposition voices (Mahmud, 7 August 2023; AA, 7 August 2023).

The proposed amendments to the DSA come in light of mounting international pressure and concerns expressed by organizations such as the United Nations and a high-level US delegation (Mahmud, 7 August 2023; La Prensa, 7 August 2023; AA, 7 August 2023). The delegation, led by Uzra Zeya, under-secretary of state for civilian security, democracy, and human rights, along with Eamon Gilmore, EU special representative for human rights, had expressed concern about the DSA and the media environment in Bangladesh during a visit to Dhaka (AA, 7 August 2023). The delegation put forward recommendations to amend the act, which the law minister pledged to address controversial clauses by September (AA, 7 August 2023).

The Cyber Security Act of 2023 is expected to be passed in the next session of parliament in September (La Prensa, 7 August 2023). Once enforced, pending cases under the existing DSA will be transferred and decided under the new legislation (Mahmud, 7 August 2023; La Prensa, 7 August 2023). While the government claims that the new law will prevent misuse and abuse, human rights organizations and opposition parties will closely monitor its implementation to ensure the protection of freedom of expression and dissent in Bangladesh (Mahmud, 7 August 2023; La Prensa, 7 August 2023). The future of digital security legislation in Bangladesh hinges on striking the right balance between regulating the digital space and safeguarding fundamental rights and liberties (Mahmud, 7 August 2023; La Prensa, 7 August 2023).

SOURCES

1. Faisal Mahmud. (7 August 2023). Bangladesh to tone down ‘draconian’ digital security law. Aljazeera. Available at <https://www.aljazeera.com/news/2023/8/7/bangladesh-to-tone-down-draconian-digital-security-law>.
2. La Prensa. (7 August 2023). Bangladesh set to amend controversial digital security law. La Prensa Latina Bilingual Media. Available at <https://www.laprensalatina.com/bangladesh-set-to-amend-controversial-digital-security-law/>.
3. AA. (7 August 2023). Bangladeshi Cabinet approves amendments to controversial Digital Security Act. Yeni Safak. Available at <https://www.yenisafak.com/en/news/bangladeshi-cabinet-approves-amendments-to-controversial-digital-security-act-3668435>.