[🇧🇩] Cyber Security Act

[Saif]

Date Occurred: Nov 6, 2024

A victory for free expression
We support the interim govt’s decision to repeal the CSA

Visual: Star

The information adviser to the interim government, Nahid Islam, has said that the Cyber Security Act (CSA)—which replaced the draconian Digital Security Act (DSA) but retained its controversial aspects—will be repealed within a week. And we fully endorse this decision by the interim government. Additionally, adviser Nahid said that all cases under the act will be withdrawn, which we hope includes all cases filed after August 5 as well.

The CSA—like the DSA before it, and the draconian sections of the Information and Communication Technology (ICT) Act of 2006—is a perfect example of a bad law. The definitions of crimes under it were vague, and the punishments for them were extremely severe—more so than some of the worst crimes one could commit. This made it obvious from the very outset that the law was framed to suppress dissent, rather than prevent cybercrimes, as the former regime propagated was its purpose. And that is exactly how it was used.

According to data collected by the Centre for Governance Studies between October 2018 and August 2022, a total of 1,109 cases were filed under the DSA against 2,889 individuals. And we saw time and again the accused being held in custody and effectively being punished before trial, even if the investigation report was not given within the stipulated 75 days. Politicians belonging to opposition parties and journalists ranked the highest in terms of those who were accused under the law, with ruling party affiliates specifically being the largest group of people prosecuting journalists.

That being the case, ordinary citizens were also not spared from its wrath, as the law was largely used to suppress any and all dissent against the former autocratic government. During the regime's tenure, we saw journalists and dissenters being picked up in the middle of the night and disappeared, and the CSA (and DSA before that) being used to provide a veneer of legality for their human rights being violated—as the law was frequently used to file cases against them afterwards. In fact, there have even been cases of people who were accused under the law dying while in custody of security forces. All these tactics were ultimately used to instil fear in society, so that no one dared to speak out against the regime's crimes, corruption, and misrule.

This environment of fear and the suppression of free expression formed two of the most important pillars of the Awami League's fascistic rule. And we hope, going forward, such a law will never again be framed or passed. We can see from our independence struggle, as well as from the 2024 mass uprising, the importance of freedom of expression, which is explicitly tied to freedom of thought, democracy, and the people's right to know. Therefore, if we are to truly establish a democratic country, we must hold onto our freedom of expression, and establish it as a core value in society—and no law should ever force us to compromise on that again.

 

[Saif]

To protect free speech, get rid of oppressive laws like the CSA

Bangladesh must repeal the CSA to safeguard the rights of its citizens.

www.thedailystar.net

To protect free speech, get rid of oppressive laws like the CSA

FILE VISUAL: SALMAN SAKIB SHAHRYAR

The Cyber Security Act (CSA), 2023 is widely accepted as a draconian spin-off of the Digital Security Act (DSA), 2018. Hastily passed a few months before the Parliamentary Election of 2024, the CSA carries the same repressive watermarks of the DSA, which was also passed just before an election. The purpose of this law is widely recognised as suppressing the free press and freedom of speech. As a nation in transition, Bangladesh must repeal the CSA to safeguard the rights of its citizens.

All but the most loyal supporters of the Awami League would agree that during its reign, Bangladesh suffered a massive decline in freedom of speech. The World Press Freedom Index ranked Bangladesh 165th out of 180 countries in the 2024 report, placing it at the bottom among South Asian nations, only above Afghanistan. While many factors contributed to this decline, one of the main suppression tools was the CSA and its predecessor.

National and international media, activists, and legal experts strongly opposed non-bailable offenses which existed in the DSA. Unfortunately, the same spirit continued in the CSA, as any offence booked under sections 17, 19, 27 and 33 of the act were declared to be non-bailable.

Section 4 of this act restricted the possibility of anyone criticising the government, even outside of Bangladesh. Unilateral power is given to the Director General of National Cyber Security Agency in section 4, to remove or block any content with the assistance of BTRC.

Section 21 outlines a five-year jail term and/or a Tk one crore fine for any statement, conspiracy, or negative criticism against the Liberation War, the father of the nation, the national anthem, and the national flag, allowing law enforcement to package any form of criticism against the government as anti-state or anti-government and prosecute ruthlessly. Section 25 further doubles down on so-called conspiracies to spread propaganda and falsehoods that affect the image and reputation of the country. The wording of this clause was purposefully kept vague to allow arbitrary interpretation.

Section 42 grants police absolute authority to search bodies, places, confiscate, and arrest without showing any cause or warrant. The former ruling government has been heavily criticised for using this clause as a major fear tactic. Many journalists have refrained from saying or writing anything against the government out of fear of police harassment and brutality.

The extent to which the CSA strangled rights and voices is astonishing and disproportionate. When the law of the land allows accused individuals to get bail for serious offenses, such as loan default, cheque fraud, and land grabbing, how can authorities detain someone without bail for something as harmless as a Facebook post? This law intentionally targets journalists, netizens, and ordinary citizens, tarnishing freedom of speech, expression, and investigative journalism. No authority, either private or public, should be allowed such unchecked power to search, detain, or punish people.

Although the previous regime is gone, the law remains in force, and many of its victims are still behind bars. Between October 2018 and September 2023, 4,520 people were charged in 1,436 cases. The Centre for Governance Studies (CGS) traced identities of the accusers in 859 cases and found that the former ruling party activists filed 263 of them, suing 887 people.

Victims who have been unjustly detained, tried, and convicted should be immediately released. Independent judicial investigation should be conducted and personnel who were involved in framing innocent citizens must face the law.

The CSA must be repealed, and the interim government must form an impartial committee consisting of legal experts, journalists, cyber security experts, and activists to draft a new act. The new act should only focus on cybercrimes such as fraud, theft, hacking, or any action that compromises national cyber security. Any online activities of anti-state or anti-national nature can always be addressed under penal code and other existing laws. Speech, online activism, and all forms of journalistic and creative expression must be excluded from the scope of the future cyber law.

For the first time in many years, there is an environment where publishing an article or a Facebook status doesn't make us feel scared. Online news portals are posting materials and incriminating evidence that were practically impossible just a few weeks ago. Television and print media have also come out of their shells, deviating from their once established party lines. These are steps in the right direction, but the fruits of freedom should not appear circumstantial in the long term; they should be structural.

Years of faulty laws have strangled citizens' voices, to an extent that self-censorship has become our second skin. The youth of the country have obviously spoken, and leveraging on that, the existing legal system should be modified so that the common Bangladeshi can speak freely, too. We must dispel the oppressive legal instruments of the past and enact better laws, so that future governments cannot senselessly prosecute its own citizens, much like the last one did.

Sinha Ibna Humayun works in technology and is an advocate of freedom of speech.​

 

[Saif]

CSA getting scrapped

The interim government yesterday decided in principle to repeal the Cyber Security Act which has been used to curb press freedom and suppress political dissent.

www.thedailystar.net

CSA getting scrapped
Advisory council okays draft of Cyber Security Act (Repeal) Ordinance 2024

The interim government yesterday decided in principle to repeal the Cyber Security Act which has been used to curb press freedom and suppress political dissent.

The decision was made at a meeting chaired by Chief Adviser Prof Muhammad Yunus at his office.

The advisory council gave provisional approval to a draft of the Cyber Security Act (repeal) Ordinance 2024, which the Legislative and Parliamentary Affairs Division will now examine before it is finally approved by the advisers, according to a Cabinet Division statement.

The law ministry with secretarial and technical support from the ICT Division will come up with a separate law on ensuring safety and security in the cyberspace, said the statement.

In September 2023, the Awami League government passed the CSA in parliament, replacing the Digital Security Act (DSA) 2018.

Rights defenders and journalists pointed out at the time that the provisions used to repress dissent were carried over from the DSA to the CSA.

There were barely any qualitative or significant changes in the provisions that curtailed press freedom, they said.

"The fascist Awami League government transformed the Digital Security Act into the Cyber Security Act last year, but the law had the same objectives," Chief Adviser's Press Secretary Shafiqul Alam told a press briefing at Foreign Service Academy yesterday.

The interim government will formulate a new law keeping in mind the security of women, children, and financial transactions on the internet, he said.

The CSA was used to sue and harass many people from the minority communities, he said, adding that the law the interim government is going to formulate will ensure the safety of vulnerable groups.

"The law adviser earlier assured that cases filed to curb freedom of expression would be cancelled. These cases should be cancelled," Shafiqul said.

But cases related to pornography, women's safety, and actual cyber security issues would not be dismissed, he added.

Contacted, Transparency International Bangladesh Executive Director Iftekharuzzaman said he welcomed the decision to do away with the draconian law.

"We would hope that measures will be duly taken as early as possible to withdraw all cases lodged under the [CSA and DSA] acts," he said, adding that he expected the interim government to compensate the victims of these acts.

A law to combat cybercrimes is needed in every country, he said.

But the new law should be drafted in a fully participatory process and should be called anything but CSA "because the very name creates a sense of insecurity among the people".

"The law's objective and scope should be limited only to ensuring safety on the internet."

Rights expert Prof CR Abrar, said, "We welcome the decision. This is another achievement of this government. Amending [the CSA] would not have been possible. It should be scrapped not because it was wrongly applied, but because it was applied in a way it was meant to be."

About the law which would replace the CSA, he said it would not be prudent to draft such an important law in a hurry.

As of August, at least 5,818 cases filed under the CSA and its predecessors ICT Act and the DSA were pending in the country's eight cyber tribunals, according to a press release issued by the law ministry on September 30.

Since the fall of the Awami League government in August, demands for repealing or amending controversial laws have been growing.

On November 4, Nahid Islam, adviser to the information ministry, said the CSA would be repealed within a week and pending cases under the act dismissed.

The government is also reviewing other laws that curb freedom of expression.

Many people accused under draconian laws were freed on bail after the interim government took office.

Law Adviser Prof Asif Nazrul earlier said the CSA would be repealed.​

 

[Saif]

A law that gagged

Some made a differing comment, some drew a political cartoon and some made a joke online – and they all ended up in jail, in some cases for months. This is how the Digital Security Act (DSA) and later the Cyber Security Act (CSA) were used to gag freedom of expression and freedom of the press.

www.thedailystar.net

A law that gagged
Victims express relief

ILLUSTRATION: BIPLOB CHAKROBORTY

Some made a differing comment, some drew a political cartoon and some made a joke online – and they all ended up in jail, in some cases for months. This is how the Digital Security Act (DSA) and later the Cyber Security Act (CSA) were used to gag freedom of expression and freedom of the press.

Until recently, people were afraid to voice their opinions on digital platforms because of the harsh law. But yesterday victims of the "draconian" law expressed relief after the government decided in principle to abolish the law.

Naval Architect Golam Mahfuz Joarder, now convener of the DSA Victims Network, is one of them. He was in jail for 10 months simply for voicing concerns in social media over extrajudicial killings.

"Extrajudicial killings were rampant in 2018-19. At the time, I posted on Facebook opposing these killings. On December 26, 2019, a Rab team detained me, accusing me of writing against the force and gathering data on crossfire," he told The Daily Star yesterday.

His explanation to the law enforcers that he only posted information from published news reports did not work, he said. His bail petition was rejected seven times before he was granted bail.

He was not alone.

Between October 2018 and August 2024, at least 3,208 named and 2,080 unnamed people have been sued under the DSA. Another 372 people have been prosecuted under the CSA, according to data collected by Centre for Governance Studies, a think-tank.

These figures do not include the cases filed for sexual harassment, blackmail and fraud.

Of the 5,000 plus accused, nearly half (2,308) was prosecuted for social media posts deemed as critical of the government, office holders or elected representatives. Of them, at least 219 named and more than 200 unnamed people were charged for criticising former prime minister Sheikh Hasina, the CGS data show.

Journalists and opposition political party leaders suffered the most under the law.

For example, one in every three of those accused under the DSA and one in every four of those accused under the CSA were journalists. At least 227 journalists were prosecuted under the DSA specifically for publishing news or for social media posts, according to CGS data.

About a third of the accused under DSA and more than half of the accused under CSA are politicians.

The DSA had a section that criminalised "hurting religious sentiments" with non-bailable provisions. Out of the 99 people charged for this offence, 44 percent belonged to the religious minorities, particularly those from the Hindu community.

As of August 2024, at least 5,818 cases were ongoing with eight cyber tribunals throughout the country, according to a law ministry press release issued on September 30.

Of them, 1,340 cases are related to "speech-based offence" – 879 under trial and 461 under investigation, the press release said.

For instance, activist Didarul Alam was arrested after his social media post about the disparity in the government relief distribution during the coronavirus pandemic in 2021. Didarul said he was interrogated blindfolded for seven hours. He languished in jail for five months.

Separately, 11 people, including writer Mushtaq Ahmed (who died in prison), cartoonist Ahmed Kabir Kishore, Swedish-Bangladeshi journalist Tasneem Khalil who runs Netra News, US-based journalist Shahed Alam, were charged with "spreading rumours and carrying out anti-government activities".

Jagannath University student Khadijatul Kubra did not even post anything on social media.

She was arrested at the age of 17 simply for hosting a Facebook webinar, where a guest, Delwar Hossain, a retired army officer, made some critical remarks. Delwar, an expatriate, was also accused in the case.

She languished in jail for nearly 15 months, and walked out of jail on November 20, 2023, after the Supreme Court finally granted her bail.

Talking to The Daily Star yesterday, she described her ordeal during the time, saying it seriously affected her study and her life's trajectory.

She termed the government decision to abolish the law as a victory for the victims who suffered under the law.

"We hope that all such draconian laws will be abolished," she said.​

 

[Saif]

Government must do more to ensure press freedom

Robust protections for journalists and media houses essential

www.thedailystar.net

Government must do more to ensure press freedom
Robust protections for journalists and media houses essential

VISUAL: STAR

In our pursuit of a fair, anti-discriminatory Bangladesh, few values are as vital as press freedom. We are, therefore, concerned by the persistent intimidation, harassment, and insecurity experienced by journalists, which shows how the media landscape remains fraught with obstacles despite the political changeover. The alarm raised by Transparency International Bangladesh (TIB) and the Editors' Council in this regard recently underscores the urgency of addressing these challenges, and the responsibility for this falls primarily on the interim government. This is not to detract from journalists' duty to uphold ethical standards, but a free press, by definition, comes without any restriction or condition, regardless of its outcomes.

Unfortunately, journalists today still face physical attacks, threats, slander, and frivolous lawsuits. In their statements, both TIB and the Editors' Council also noted the escalating rhetoric and even threats of siege by certain quarters targeting certain media houses, including this daily. Such attempts to suppress the media or manipulate its coverage whenever it challenges powerful interests hark back to the abuses witnessed under the previous regime, whose actions over 14 years led to Bangladesh's position plummeting 42 notches on the World Press Freedom Index.

The government, for its part, did take some positive steps aligned with its commitment to ensure media freedom. It has moved to repeal the much-criticised Cyber Security Act (formerly Digital Security Act), with plans to withdraw all cases filed under this law. It has undertaken measures to revitalise state media organisations and established a media commission to drive reforms in the sector.

However, it is its failure—or lack of proactive role—to safeguard journalists from ongoing attacks and harassment that has raised concerns. Recent statements from top officials, including the information adviser, warning media outlets about coverage of banned or "fascist" organisations such as Awami League's student wing, Chhatra League, only deepen these worries. The abrupt revocation of accreditation cards for many journalists, reportedly for similar reasons, further contrasts with the government's commitment to press freedom.

This approach, we must say, not only dismisses journalistic independence but also weaponises the media's duty to cover all sides of the political spectrum. It also risks robbing any media reform drive of its credibility. The government, thus, can be held accountable for both its actions and inactions. Against this backdrop, the priority is to end ongoing assaults on journalism and restore confidence in media independence. A "new Bangladesh" cannot thrive if its media remains shackled by fear and intimidation. The government must ensure robust protections for journalists and unequivocally condemn any attempts to silence or manipulate the press through coercive tactics.​

 

[Saif]

Cyber Security Act: HC suggests death penalty for ‘hurting religious sentiment’

The High Court in the full text of a verdict has suggested an enhancement of punishment under the Cyber Security Act to death penalty or life imprisonment for making offending remarks against the Holy Quran and Hazrat Muhammad (PBUH) and for making this charge non-bailable for the offenders.

www.thedailystar.net

Cyber Security Act: HC suggests death penalty for ‘hurting religious sentiment’

File photo

The High Court in the full text of a verdict has suggested an enhancement of punishment under the Cyber Security Act to death penalty or life imprisonment for making offending remarks against the Holy Quran and Hazrat Muhammad (PBUH) and for making this charge non-bailable for the offenders.

The maximum punishment for hurting the religious sentiment under this law is now two years' imprisonment or a fine of Tk 5 lakh or both, and such an offence is bailable.

"There should be a provision of punishment like death penalty or life imprisonment for such unnecessary, unconscionable, obstinate and provocative speech and conduct against the Quran and Muhammad (Pbuh), which the parliament may consider," the HC bench of Justice MR Hassan and Justice Fahmida Quader observed in the verdict's full text, which has been released recently.

On March 12 this year, the HC bench delivered the verdict on a bail petition filed by Md Selim Khan from Kushtia's Bheramara upazila in a case filed over hurting religious sentiment by making lewd comments on Facebook about "Hazrat Muhammad Sallallahu Alaihi Wasallam".

In the verdict, the HC bench granted bail to accused Selim Khan on condition that he must deposit Tk 25 lakh to a bank as a guarantee and ordered the investigation officer to submit a supplementary charge sheet to the trial court concerned against Selim and other offenders in connection with the case.

Kushtia's Hanif Shah filed the case with Bheramara Police Station on November 4 last year against Selim Khan on the charge of hurting religious values and sensibilities with the intention of organising riots, insulting the Islamic religious belief, and seriously hurting their sensibilities by making lecherous comments on Facebook about "Hazrat Muhammad Sallallahu Alaihi Wasallam", in reply to a Facebook post of one Nafisa Chowdhury.

Investigating officer Inspector Sheikh Lutfar Rahman submitted a charge sheet to the trial court on December 31 last year in connection with the case.

In the full-text verdict, the HC said, "Bangladesh is a country of people of all religions. At the same time, it is essential to ensure the safety, peaceful living, honour and dignity of people of all religions and stability in society."

"To discourage any such inflammatory speech or act which is likely to offend the minds of people of any religion, or to cause fear, terror, discomfort or apprehension in any of them, enhancing the punishment for such offences and to make them non-bailable must be considered," said the HC bench.

The HC judges also said, "If the offenders who are involved in the respective links of the charge sheet are not brought under the law, in every case the main culprit or the main conspirator or the main source will remain out of touch. Hence, there needs to be an appropriate order in this regard."​