Digital security ACT: Govt trying to remove room for abuse

Law Minister Anisul Huq yesterday said the Digital Security Act-2018 was misused and abused in certain cases in 2019, before the pandemic.

"We are trying to plug the holes where there is scope for abuse and misuse.

"We are still discussing the good practices [of the law] with the United Nations Office of the High Commissioner for Human Rights," he said at a debate organised by the Editors' Guild in the capital's Dhaka Gallery.

"The home minister and I have decided that journalists [sued under the DSA] will not be arrested immediately. Instead, when a complaint is filed, a cell will decide whether or not there is prima facie proof of an offence made under the law."

The case will be sent to court only if proof against the accused is found.

"We are trying to solve the problem … We are aware of how the law has been abused," the law minister said.

Advocate ZI Khan Panna, human rights expert, said the law is being misused as a tool by religious radicals to oppress minorities.

Responding to the comment, Anisul said, "We will take steps to find out why those who are abusing the law are doing so."

He added, "I was shocked by writer Mushtaq Ahmed's death. I also had to answer to the world and so, I spoke to every agency concerned and found that it was an ordinary death … I am not defending or accusing anyone.

"If anyone files a complaint about being tortured, we will of course take all necessary steps," he said.

Mushtaq's companion Ahmed Kishore, who was also arrested at the same time, had filed a case alleging custodial torture by unidentified forces.

Syed Ishtiaque Reza, editor-in-chief of Gazi TV, pointed out that Bangladesh ranks the lowest on the world press freedom index in South Asia because of this law. He added that self-censorship has led to the demise of investigative journalism.

In response, the minister said, "You all [the journalists] are responsible for bringing down the score on the index. What steps can be taken to assure you and eradicate this fear [of self-censorship]?"

He also told senior journalists to make sure that nobody abuses their designation as a newsperson.

Anisul also addressed the sections of the law that allow prosecution for hurting the spirit of the Liberation War and the national anthem, among others.

"Was it necessary to protect such sentiments? Yes, I believe so because of what we have seen in the past. For a country to function, some things must be considered sacrosanct."

He also defended the section that allows the police to make an arrest without a warrant, saying this was necessary for circumstances when warrants could not be procured in time.

Panna pointed out that lower courts rarely grant bail in DSA cases, since a majority of the provisions are non-bailable.

"Non-bailable does not mean a person cannot ever get bail," said Anisul.

"When a law is bailable it means that bail can be gotten from the police station. When a law is non-bailable, it means police cannot make that decision to grant bail, and the person must seek it from a court. But it does not mean the person has to stay in jail till the verdict."

However, if that is not the reality, then it must be changed, he added.

Harun Ur Rashid, additional inspector general of police, said, "I have to strike a balance between individual liberty and public safety and security. In such situations, the state security gets priority.

He said the DSA was the "best piece of legislation" in this regard.

Sohrab Hossain, senior journalist of the daily Prothom Alo, said no civilised country can have a law like this.

Nasiruddin Yousuff Bachchu, acclaimed film director and theatre activist; Faruq Faisel, regional director of South Asian chapter of Article 19; and Kamar Ahmad Simon, filmmaker, also spoke at the event moderated by Mozammel Babu, president of the Editor's Guild.