Cyber Security Act will not stop criminalising freedom of expression

Joint Article by media and digital rights defenders

The Bangladesh government has announced that it will replace the controversial Digital Security Act (DSA) 2018 with Cyber Security Act (CSA), 2023, which is expected to be passed in the parliament in the coming September session. It is rather dubious why the government wants to have another draconian cyber security law right before the next national elections.

The DSA was also passed just a few months before the 2018 parliament elections. Human rights groups, journalist unions, media rights defenders and cyber security researchers have expressed their concerns regarding the draft Cyber Security Act and dubbed it as an "old wine in a new bottle."

There has been a global outcry against the DSA. The Media Freedom Coalition (MFC), a network of diplomats from Canada, Denmark, Germany, Netherlands, Norway, Sweden, Switzerland, United Kingdom and the United States, has been outspoken about draconian law.

Besides MFC, the United Nations, European Union, Japan, international human rights organisations like Amnesty International and Human Rights Watch (HRW), and also the international freedom of press watchdogs like Reporters Without Borders (RSF), Article 19 and Committee to Protect Journalists (CPJ) have called upon the government to repeal DSA which curtails freedom of expression, muzzles freedom of the press and encourages self-censorship.

On the domestic front, human rights organisations and journalist leaders have repeatedly warned about DSA being used to stifle dissent and criticism of the government. Thousands of politicians, journalists, activists, and even minors and students have been prosecuted. Many are still languishing in prison.

Ignoring the international and domestic calls to abrogate the law, the government asserts that they have replaced it with a new one that will ensure freedom of expression – but human rights groups are sceptical.

Despite the claim that punishments in CSA have been "significantly" reduced, rights groups explain that such measures will not stop the criminalisation of freedom of expression. Rather, it will continue to demonise and silence critical voices of political oppositions, independent media, investigative journalists, critics and dissidents, and the culture of fear will continue to be instilled among the people of the country, despite the fact that free speech and freedom of the press are enshrined in the constitution.

Law Minister Anisul Huq has assured us that the amendment of certain sections of CSA should stop the "misuse" and "abuse" of DSA and that no one accused of defamation would be arrested immediately after the filing of the case under the proposed Cyber Security Act, as the jail term would be scrapped in this new law. However, the minister also confirmed that the new law would retain almost all of the provisions stipulated in the 2018 act with minor changes. Different rights groups found at least six sections of the new CSA law – Sections 17, 19, 21, 27, 30, and 33 – remain non-bailable.

Media and digital rights defenders have reviewed the draft Cyber Security Act, 2023 posted online and found that the law contradicts several clauses of the Constitution of Bangladesh. Certain sections of the CSA are also in conflict with the Universal Declaration of Human Rights, International Covenant on Civil and Political Rights, and Convention on the Rights of the Child and Code of Criminal Procedure (CrPC). 

We join defenders of freedom of expression in urging the government to not pass the Cyber Security Law in the parliament without thoroughly discussing the draft with stakeholders, especially with media editors, human rights organisations, lawyers, media and digital rights groups and the public. The lawmakers must listen to the critical voices of stakeholders to ensure that the CSA is people-friendly and respects the right to freedom of expression.

Former president of Bangladesh Federal Union of Journalists (BFUJ) Monjurul Ahsan Bulbul stated that the journalist's union submitted and discussed a written analysis of the draft Digital Security Act, 2018 at a meeting with the parliamentary sub-committee, but the law was passed nonetheless, ignoring the union's concerns. We sincerely hope that this is not the case this time. 

Finally, we appeal to the government to release all those imprisoned under the notorious DSA and quash all cases under the ICT Act 2006. These laws have even been used to imprison and harass several minors and students. The nation expects such a gesture to be made when the CSA is passed in the parliament.

The contributors are Ahamed Ullah, Bangladesh Manabadhiker Sangbadik Forum (BMSF); Ahmed Swapan Mahmud, Voice; Khairuzzaman Kamal, South Asian Media Solidarity Network (SAMSN); Mainul Islam Khan, Media Rights Activist; Rezaur Rahman Lenin, Independent Activist Academic; Rezwan Islam, Global Voices; Md. Saimum Reza Talukder, Rights Advocate; Saleem Samad, FExB; Sayeed Ahmed, Human Rights Defender; Sharmin Khan, Human Rights Advocate; Dr Syeda Aireen Jaman, PEN International Bangladesh.

Published in The Daily Star, 13 August 2023

Cybersecurity law to end harassment?

SALEEM SAMAD

The week-long street protests and pro-government intellectuals, academics, rights activists, and defenders of media rights continued to ventilate their anger over the death of writer Mushtaq Ahmed and simultaneously demands to repeal the controversial Digital Security Act (DSA), the government in damage-control mode has hinted to repair the draconian law.

Law Minister Anisul Huq has said that the government is taking measures so that no one can be arrested or sued under the DSA before the investigation, he told BBC Bangla radio.

The DSA came to the forefront after the death of writer Ahmed, who was detained under the draconian law and died in Kashimpur High-Security Jail in Gazipur last week.

The Minister assured that they trying to reach a conclusion where no one can be arrested before investigation.

Admitting the misuse of law, the minister assured that they [government] are taking measures to bring an end to it.

For the first time in the country, there is a repressive cybersecurity law that only protects the government, politicians, and bureaucrats, but not the citizens.

If the controversial DSA could provide security to the citizens, the government must come forward and state who are those citizens benefitted from the draconian law.

The government cannot deny that the law arbitrarily targets critics, netizens, and journalists.

Not surprised that the law has never slammed charges against ‘waz-mongers (Islamic evangelists)’ and seems to have given immunity under the repressive law.

When the Mullah ‘wazi’ makes hate speech against the Ekushey book fair, Ekushey February, elective democracy, gender quality, Independence Day, liberation war sculptures, liberation war, national anthem, national constitution, national flag, Pahela Baishak, pluralism, school textbooks, secularism, Victory Day, women leadership, women’s empowerment, anger the people who suffered and contributed to the liberation.

They dared to challenge the elected government, demand to garbage the state constitution and instead override with Holy Quran and Sunnah as guiding principle of the nation-state, and to declare the nation an Islamic Republic, which was born from a bloody war on the principles of democracy, secularism and pluralism.

Such hate-speech challenges the sacrifice made by the people of Bangladesh – the three million martyrs, more than 400,000 women victims of rape, and 10 million war refugees.

The district administration nor the local police chief monitor the Waz-Mehfils, which gives them an upper hand to deliver hate-speech among tens and thousands of disciples. The audience enlarges when the sermons are uploaded to Youtube and Facebook, which are owned by infidels.

Despite hate-speech by the Mullahs are widely available on social media, but they are never punished. They are not slammed under cybersecurity laws.

Should the government be afraid of the Mullahs? The wazi’s overtly opposed secularism, pluralism, democracy, and are threats to national unity.

The mango-people understand that like the writer Ahmed, who dared to criticise the government’s pandemic management is a soft target for legal harassment.

More than 2,000 people have been booked under the undemocratic law since 2018, including folk singers, children, doctors, netizens, and not the least but the last are the journalists.

The law gives a wide range of authority to a junior police officer to barge into a newspaper or a media office. They can confiscate digital devices, like computers/laptops, WiFi routers, external hard disks, and mobile phones without any warrant.

The accused persons are blamed for tarnishing the image of the nation or have attempted to ‘destabilise’ the state.

Such lambasting accusations against the critics, writers, netizens, and journalists are sweeping statements. At the end of the day, the police investigators do not have any evidence, nor could they list any eyewitness to the alleged cybercrime.

On the other hand, the cybercrime tribunal is ill-equipped and does not have digital equipment, nor any trained personnel to determine what the accused has committed through social media.

The police investigators also do not have the skill and experience to understand what digital offence has been committed.

As the law allows, the detained accused should be kept in prison until a competent court grants bail, or held in custody to stand trial at the cybercrime tribunal.

Meanwhile, civil society and rights groups have reiterated to scrap the controversial cybersecurity law, which shrinks the space for freedom of expression, free speech, press freedom, and right to critique.

First published in the Dhaka Courier, 5 March 2021

Saleem Samad, is an independent journalist, media rights defender, recipient of Ashoka Fellowship and Hellman-Hammett Award. He could be reached at <saleemsamad@hotmail.com>; Twitter @saleemsamad

For whom the bell tolls

What purpose does the Digital Security Act truly serve?

SALEEM SAMAD

Most loyal citizens should agree with Bangladesh Information Minister Hasan Mahmud that the Digital Security Act (DSA) provides security to the people from digital harassment.

He scoffed off critics that the DSA has been misused. His comments came against the backdrop of nationwide street protests which turned violent, demanding repeal of the repressive DSA.

The protests sparked from the death of a progressive writer Mushtaq Ahmed, who died in prison due to alleged negligence by jail authorities. He was languishing in prison for nine months and denied bail six times.

Hours after the death of the writer Ahmed, who was incarcerated in a case filed under the cybersecurity law, activist Ruhul Amin was sued under the controversial law after his angry statement was posted on Facebook.

“If such writings sent Mushtaq to jail and then to death, depriving him of bail six times, then arrest me too,” read the loud Facebook post.

Plainclothes detectives picked him up from Khulna city. A senior official of the Detective Branch at Khulna Metropolitan Police said Ruhul was sued under the DSA for his threats to “destabilize” the state, creating social unrest, and over other reasons.

An appropriate statement by a responsible police officer, that a youth leader Ruhul has somehow acquired the capacity to “destabilize” the government and country alone or with a handful of youths. 

Sounds like a sequence from a Bollywood movie.

In the first place, the police officer should be reprimanded for undermining the stability of the present government of Prime Minister Sheikh Hasina. Her state stands on the pillars of democracy, pluralism, and of course, strengthened by a strong political party, the Awami League.

Although the country’s constitution promised to protect freedom of expression and freedom of the press, unfortunately, a repressive cybersecurity law was appended in the parliament as legislation at the end of 2018.

Nearly 2000 cases have been filed under the DSA since its enactment on October 8, 2018, according to data from the Bangladesh government’s Cyber Crime Tribunal.

More than 800 cases were filed in the first nine months of 2020 alone, with many of the country’s most prominent editors and senior journalists being increasingly targeted.

At least 247 journalists have been targeted in 2020 by law enforcement agencies, non-state actors, and of course, individuals acting on behalf of the government.

Last year, during the lockdown, the authorities randomly misused DSA to silence critics, doctors, netizens, and journalists who were critiquing the government’s management of the pandemic.

The use of the DSA has been so outlandish that even folk singers, minors, writers, and cartoonists were not spared from being detained.

Mysteriously, the law has not cast shadows upon Islamist groups -- one of the key groups that have been spreading disinformation on Covid-19 and also spewing hate speech.

The waz-mongers (Islamic evangelists) in waz-mahfils have dared to speak against Ekushey book fair, Ekushey February, elective democracy, gender equality, the Liberation War, the national anthem, national flag, Pahela Baishakh, pluralism, secularism, women leadership, women’s empowerment, and the list goes on and on.

Dr Syeda Aireen Jaman, secretary-general of PEN International Bangladesh said that the law has been discriminately used against critics and journalists, while the mullahs who are a threat to secularism and pluralism are deliberately left out.

Several eminent citizens, intellectuals, and civil society leaders stated that there is no doubt that the anti-democratic DSA has been born outside the elective democracy and politics to inject a “culture of fear” among the citizens.

Dr Mizanur Rahman, of Dhaka University, stated that the responsibility of the death of Ahmed rests upon the state, as he died in judicial custody, pending trial of the DSA.

He also said that the draconian law impedes freedom of expression and encourages self-censorship and contradicts the principles of democracy, pluralism, and press freedom.

First published in the Dhaka Tribune, 2 March 2021

Saleem Samad is an independent journalist, media rights defender, recipient of Ashoka Fellowship and Hellman-Hammett Award. He can be reached at saleemsamad@hotmail.com; Twitter @saleemsamad