Directives alone won’t do

We commend the law minister for reiterating his commitment to stop the misuse and abuse of the Digital Security Act (DSA), and for instructing deputy commissioners across Bangladesh to follow suit. At a meeting with reporters on the final day of the annual DC conference, Anisul Huq also confirmed that he had asked the home ministry to not accept DSA cases immediately after they are filed, and to not arrest journalists right away.

The minister has further assured that the act was formulated to combat cybercrime, not curb press freedom. While we appreciate the directives to various stakeholders to stop the abuse of the law, we want to point out—as we have repeatedly done since the law's enactment in 2018—that such misuse is actually built into the law. As such, the law itself must be amended if our constitutional rights of freedom of expression and freedom of the press are to be protected—unless we are to believe that the law is subject to the will of the administrators or the executive branch, and that they can exempt anyone from abuse if they so want.

In this regard, it is encouraging that the minister is ready to hold discussions with the UN High Commissioner for Human Rights and "bring amendment to the act if necessary." We urge the government to also engage with the media and civil society groups in the country who have documented and long criticised the vague and overly broad definitions in the act, which have not only allowed, but also made inevitable, the misapplication of the law. A cosmetic change to the law will simply not do. The detailed criticisms of the DSA, as highlighted by the Editors' Council, need to be addressed urgently. We need a law that ensures people's privacy and security in cyberspace, not one that infringes upon them.  

Furthermore, while we welcome the assurance from the minister that police stations have been asked not to arrest any journalist immediately after a case is filed against him or her, we urge the government to extend the same to all citizens of the country, as, in the eyes of the law, we are all equal.