DIGITAL SECURITY ACT
It has ramifications for us all
The human rights situation of Bangladesh was reviewed at the UN Human Rights Council on May 14, 2018 under the Universal Periodic Review mechanism. During the review, along with several other issues, the state of freedom of expression, especially the status of the draft Digital Security Act (DSA), was discussed in depth.
Several countries raised concerns about the draft DSA and expressed that some provisions of the Act have the potential to infringe upon people's right to freedom of expression. Norway and Sweden in particular recommended reviewing and redrafting the DSA.
After the meeting of owners of private television channels, the Editors' Council, and the Bangladesh Federal Union of Journalists (BFUJ) with the Parliamentary Standing Committee on Post, Telecom and ICT on May 22, 2018, we got the word from the law minister that necessary amendments will be brought into the draft DSA and the committee will sit again with the same representatives once the parliamentary committee concerned revises the draft further.
This is of course a welcome move from the government and we are grateful to the Editors' Council, BFUJ and Association of Television Channel Owners (ATCO) for constantly pushing for the revision of the draft.
However, the consultations between the government and media organisations only (so far) raise a question: Is Digital Security Act only a concern for media? The law minister, after the meeting, said to the media: "We will not enact any law aiming at journalists or one that will create obstacles to independent journalism." But will the DSA only affect journalists or people involved in journalism?
The DSA is basically aimed at targeting all kinds of online communication. So it is bound to affect anyone and everyone. If we look at how the infamous Section 57 of the ICT Act has been and is being used and misused, we will see that after the draconian amendments made to it in 2013, bloggers, writers, activists and even ordinary people were targeted in the beginning creating widespread fear among online activists and social media users, ultimately leading to self-censorship. Later on journalists were also targeted and the "positive" outcome of these terrible developments was that the media came forward and strongly voiced their concerns.
There is no problem at all in media taking the lead; rather it has been very effective. That is what is expected of the media and they have thankfully constantly highlighted the issue and taken it forward in a constructive manner. Moreover, this has led some of us to be hopeful about possible amendments to the draft, although we will have to wait and see to make any final judgment on this.
But what is worrying is the way the government is currently dealing with the issue. It sends the message that there are no other groups that have a stake in the DSA. The government might say that anyone can provide feedback. But where is the process which will allow any ordinary person to give his or her feedback? Has the latest draft been made available for the public so that everyone can have a look? Has the government held any consultations with other stakeholders except media representatives?
During the UPR session the government took time until September 2018 to convey their final position with regard to the amendment of the DSA. Hopefully, the government will use this consultation process to ensure that the DSA is redrafted ensuring freedom of expression in its full extent and in line with international standards.
Sayeed Ahmad is a human rights activist based in Bangladesh.