It's an attack on freedom of expression

The new Digital Security Act (DSA) is an attack on freedom of expression that is even more repressive than the legislation it replaced, Amnesty International said in a new briefing published yesterday.

The briefing, titled Muzzling Dissent Online, warns that vague and overly broad provisions of the new law could be used to intimidate and imprison journalists and social media users, silence dissent, and carry out invasive forms of surveillance.

“Instead of breaking with the past, where the Information Technology Act was used to arrest at least 1,200 people in Bangladesh, this draconian new law threatens to be even more repressive,” said Dinushika Dissanayake, deputy South Asia director at Amnesty International.

“The Digital Security Act criminalises many forms of freedom of expression and imposes heavy fines and prison sentences for legitimate forms of dissent. It is incompatible with international law and standards and should be amended immediately.”

Over the past six years, the Bangladesh government under the Information and Communication Technology Act -- the predecessor to the Digital Security Act -- arrested more than a thousand people. Most of them were arrested under section 57 of the act, said the press release.

The DSA has drawn serious concerns for press freedom and the right to freedom of expression and has been being widely criticised and protested against at home and abroad since it was passed on September 19.

The Shampadak Parishad (Editors' Council) stood firmly against the law, while the United Nations, United States, European Union, as well as numerous national and international organisations, including Amnesty International, Human Rights Watch, Transparency International Bangladesh, and Ain o Salish Kendra also strongly condemned it.

ATTACK ON FREEDOM OF EXPRESSION

The DSA still contains many provisions which pose grave threats to the right to freedom of expression in Bangladesh despite the government pledging to reverse such provisions previously present in the ICT Act, Amnesty International said. 

It added that the act was plagued by a lack of clear definitions, explanations and exceptions, including repressive non-bailable penalties for at least 14 offences.

Section 21 of the act authorises life imprisonment, along with a hefty fine, for engaging in “propaganda” or a “campaign” against the “spirit of the liberation War”, "father of the nation", the "national anthem" or "national flag”.

Additionally, section 25 provides special protection to the state, and thus may be used to prohibit or punish legitimate political expression, while section 28 classifies the publication or broadcast of "any information that hurts religious values or sentiments" as a criminal offence.

THE DIGITAL SECURITY AGENCY

The press release further states that the law provides absolute power to the government's Digital Security Agency to initiate investigations into anyone whose activities are deemed harmful or a threat. The agency can also order the Bangladesh Telecommunication Regulatory Commission to remove and block any information or data on the internet.

The law also gives police absolute power to arrest anyone, without a warrant, simply on suspicion that a crime may be committed “using digital media”.

“In the absence of a judicial review process to examine and reverse actions of the State in Bangladesh, the discretion of the Digital Security Agency appears immense and arbitrary,” Dissanayake said.

“The government must have proper safeguards for the public to seek redress if they feel their rights are violated and their opinions censored by the state unfairly.”