Change draft digital law drastically
Terming the draft of Digital Security Act 2016 unacceptable, a citizens' platform yesterday called upon the government to bring extensive changes to the proposed law.
The Committee for the Protection of Fundamental Rights said many sections in the draft contain vague wordings, leaving room for misuse or misinterpretation, which will ultimately curb people's liberty and rights.
The organisation came up with the observation and the demand at a discussion titled “Legal Review: Proposed Digital Security Bill and Citizens' Rights” which it organised with eminent jurist Shahdeen Malik in the chair.
It also called for an exchange of view with competent people and civil society representatives before the draft is finalised so that citizens' freedom of expression and privacy are protected.
The cabinet on August 22 approved the draft as the government wants a new law to ensure national digital security and prevent rising digital crimes.
Prime Minister Sheikh Hasina directed the law minister to scrutinise the proposed Digital Security Act, the ICT Act and other relevant laws to make sure there is no repetition, contradiction or inadequacy in the new law.
According to the draft, anyone spreading negative propaganda against the Liberation War or the Father of the Nation, using digital devices, will risk being sentenced to life in prison.
The draft also stipulates two-year imprisonment for "deliberately" defaming someone or hurting anyone's religious sentiment by publishing or broadcasting something through digital devices.
The director general of the Digital Security Agency, through a gazette notification, will declare some specific computer systems, networks and information infrastructures, which are related to national security and people's economic and social welfare, as “Essential Information Infrastructures”.
“If someone commits any offence against the Essential Information Infrastructures, then he or she has to face maximum 14 years and minimum two years in jail or a maximum fine of Tk 1 crore or both,” according to the draft.
Speaking at the programme, Shahdeen Malik yesterday said, “There may have been necessity to enact a law to deal with the cyber crimes ... but 90 percent of the draft [of Digital Security Act] is unacceptable.”
“A total change is needed,” he said, adding the main problem of the draft is it gives a “sweeping” definition of the crimes.
Tahmina Rahman, country director of Article 19 Bangladesh, said definitions of many crimes mentioned in the draft are “overbroad and wide” and there is a possibility of misuse of the sections.
“Several activities were brought under the purview of cyber terrorism ... it is not clear what is the relation between the activities brought under the purview of cyber terrorism and terrorism. There is ambiguity which should be reviewed,” she said.
Jyotirmoy Barua, a Supreme Court lawyer who works on human rights, however, said there is no necessity of enacting Digital Security Act at all.
He mentioned that there are Penal Code, ICT Act, and Pornography Control Act, and the crimes for which the government is going to enact the Digital Security Act, are well covered by these acts.
The government can bring necessary amendments to the laws if it thinks necessary but no new law is needed, he said.
Those who spoke at the programme include Mahbubur Rahman, associate professor of Dhaka University law department; Syeed Ahamed, founder and CEO of Institute of Informatics and development, and Tasaffy M Hossain, founder of Bonhishikha.
Moderated by Prof Shahnaz Huda, it was held at Dhaka Reporters Unity (DRU).
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