By 
23-08-2024
Marina Sáenz
South and East Asia Researcher,
Global Human Rights Defence.
In Bangladesh, the fight against misinformation has become a convenient pretext for stifling dissent and suppressing critical voices. Under the guise of combating fake news and safeguarding national security, the government has employed laws such as the Digital Security Act of 2018 to target journalists, activists, and ordinary citizens who dare to speak out against the regime. The rapid rise in internet usage, now exceeding 108 million users, has indeed increased the spread of misinformation, particularly on social media platforms. However, instead of addressing this challenge through public education, media literacy programmes, or transparent fact-checking mechanisms, the government has opted for a more repressive approach.
The Digital Security Act was introduced with the aim of protecting the public from fake news and securing digital spaces. In practice, it has become a tool for silencing critics and opposition voices, rather than genuinely curbing misinformation. The Act’s vague definitions and broad powers allow authorities to arrest and detain individuals on charges such as “spreading rumours” or “defaming the nation,” creating a chilling effect on free speech. This has led to widespread self-censorship among journalists, activists, and the general public. For instance, during the COVID-19 pandemic, strict controls were imposed on social media content related to health measures, with threats of action against those disseminating “rumours.” Rather than tackling the root causes of misinformation, these measures have exacerbated the problem, stifling free expression and fostering a climate of fear. The absence of an independent body to monitor the digital space and the lack of a robust framework for verifying information have left the public vulnerable to misinformation, which can quickly escalate into social unrest. Instances of mob violence, driven by baseless rumours such as the alleged need for human sacrifices for the Padma Bridge construction, highlight the dangers of unchecked misinformation. The government’s response—characterised by blocking social media apps and imposing heavy restrictions—has proven largely ineffective at preventing the spread of false information, while simultaneously infringing on citizens’ rights to free expression.
Bangladesh, as a signatory to various international human rights treaties, is obligated to uphold and protect the fundamental right to freedom of expression. The International Covenant on Civil and Political Rights (ICCPR), to which Bangladesh is a party, enshrines this right in Article 19, which guarantees the freedom to seek, receive, and impart information and ideas of all kinds. This obligation is further supported by the Universal Declaration of Human Rights (UDHR), which asserts that everyone has the right to freedom of opinion and expression. In practice, however, the government’s approach to managing misinformation and dissent often undermines these commitments. The imposition of restrictive laws like the Digital Security Act 2018, which grants broad and vague powers to authorities, contravenes these international standards by allowing undue suppression of dissenting voices and stifling free expression. Human rights bodies and international observers frequently highlight that such laws are used to silence critics rather than protect the public from misinformation.
For Bangladesh to align with its international obligations, it must reform its legal framework to ensure it respects and upholds freedom of expression. This includes implementing clear, precise, and narrowly defined regulations that target genuine threats without infringing on fundamental rights. Establishing independent oversight mechanisms and promoting transparency and accountability in how these laws are applied are also crucial steps in fulfilling its human rights obligations and fostering a more open and democratic society.
Sources and further reading:
Ain o Salish Kendra (15 February 2020). Input for Report on Misinformation. OHCH. Accessed 28 August 2024. https://www.ohchr.org/sites/default/files/Documents/Issues/Expression/disinformation/3-Academics/Ain-Salish-Kendra.docx
Syed Menhazul Bari (January 2023). Decrypting the Digital Security Act of 2018 and Disclosing Its Unconstitutionality. Beijing Law Review. Accessed 28 August 2024. https://www.researchgate.net/publication/371779377_Decrypting_the_Digital_Security_Act_of_2018_and_Disclosing_Its_Unconstitutionality
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