Digital Security Act, 2018 Explained

Short Title:	Digital Security Act, 2018
Long Title:	Whereas it is expedient and necessary to make provisions for ensuring digital security and identification, prevention, suppression and trial of offences committed through digital device and for matters ancillary thereto
Citation:	Act No. 46 of 2018
Territorial Extent:	Bangladesh
Enacted By:	Jatiya Sangsad
Date Enacted:	8 October 2018
Date Assented:	8 October 2018
Date Commenced:	8 October 2018
Status:	amended

The Digital Security Act, 2018, amended as Cyber Security Act in 2023, is a digital security law in Bangladesh. This act was passed with the aim of preventing the spread of racism; sectarianism; extremism; terrorist propaganda; and hatred against religious or ethnic minorities through social media, print media or any other electronic media. Any content over the internet or any other media that was deemed pornographic or otherwise inappropriate by the government could be punished by fines or prison terms of various lengths. It is a controversial law^[1] and it was feared that the law could be used to suppress dissenters against the government due to some of its provisions that are vague and ambiguous, open to interpretation or prone to abuse.^{[2] [3] [4]} This law has been used to sue and arrest journalists, activists and also cyber criminals.^{[5] [6]} It has been described as a "Draconian" law.^[7]

History

Digital Security Act was adopted in October 2018.^[8] The provision passed the Parliament of Bangladesh in September 2018. The act allows police officers to detain people without a warrant. The act was opposed by members of the media, the opposition Jatiya Party, and human rights organizations.^[9] The act was created using Section 57 of Information and Communication Technology Act, which was passed in 2006, as the model.^[10] The act was protested by the Editors' Council.^{[11] [12]} The Daily Star has been critical of the application of the act, describing it as a gag on the free press.^{[13] [14]}

Cases

The Bangladesh police headquarters has reported that in the first five months of 2020, 403 cases were filed and 353 arrests were made under the Act.^[15]

Prominent cases

• On 14 April 2020, Journalist Golam Sarwar Pintu, of Dainik Bangladesher Alo, was arrested under Digital Security Act.^[16]
• On 17 April 2020, Toufique Imrose Khalidi, editor of Bdnews24.com, and Mohiuddin Sarker, editor of Jagonews24.com, for publishing a report on the looting of relief materials in Thakurgaon District. The case was filled by Swechasebak League, the volunteer wing of Bangladesh Awami League, leader Mominul Islam Bhasani.^[17]
• On 29 April 2020, three journalists were sued in Narsingdi District under the act after publishing news report on an auto rickshaw driver who died after a confrontation with members of Bangladesh Police. The journalists worked for the local newspapers, Dainik Grameen Darpan and Narsingdi Pratidin.^[18] The case was filled by officer-in-charge of Ghorashal Police Station, Johirul Alam.^[19]
• On 6 May 2020, 11 people were sued by the government of Bangladesh by Assistant Director, Abu Bakar Siddique, of unit 3 of Rapid Action Battalion.^[20] Among them were two journalists, one cartoonist Ahmed Kabir Kishore, and one writer, the older brother of Xulhaz Mannan, Minhaj Mannan Emon, Asif Mohiuddin, and Tasneem Khalil.^[21] Mushtaq Ahmed, one of the 11 accused, died in prison on 25 February 2021. He had been in detention since his arrest in May 2020.^[22]
• On 6 May 2020, Sub-inspector Motaleb of Rupganj police station in Narayanganj District filed a case against Momen Prodhan for sharing a picture mocking Soto Monir, Member of Parliament of Tangail-2 for harvesting unripe rice plants.^[23]
• On 8 May 2020, Journalist Shafiqul Islam Kajol, who had disappeared, was "found" and charged under this act by Bangladesh Police.^[24]

Reception

According to Article 19, the act violates human rights and threatens freedom of speech in Bangladesh. According to Amnesty International the act places "dangerous restrictions on freedom of expression". It believed the act will be used against dissidents, similar to the way Information and Communication Technology Act was used to detain hundreds of people.^[25] The act has been criticized by the United States as something that could be used to suppress free speech.^[26] Bangladesh Nationalist Party has called for the act to be repealed.^[27]

22nd Chief Justice of Bangladesh, Syed Mahmud Hossain is a strong supporter of the act. In a verdict made on March 6, 2021, Hossain cautioned an accused of violating the act that there would be no consideration of bail for people who would tarnish the image of Bangladesh in any manner.^{[28] [29] [30] [31]}

See also

• Freedom of the press in Bangladesh
• Torture and Custodial Death (Prevention) Act

External links

Official English translation of the Digital Security Act, 2018 as published by the Bangladesh Gazette

Notes and references

References

Notes and References

1. News: Digital Security Act 2018: young generation speaks . 11 May 2020 . New Age . en.
2. Bangladesh Enacts New Law That Could Silence Dissenters . 11 May 2020 . The Diplomat.
3. News: Digital Security Act 2018 passed in JS . 11 May 2020 . banglanews24.com . 19 September 2018 . en.
4. News: One Mushtaq and the nuances of ‘bail’ . The Daily Star . 2 March 2021 . https://web.archive.org/web/20210304131927/https://www.thedailystar.net/law-our-rights/news/one-mushtaq-and-the-nuances-bail-2053521 . 4 March 2021.
5. News: Indiscriminate use of Digital Security Act against journalists . 11 May 2020 . The Daily Star . 4 May 2020 . en.
6. News: Abuse of DSA worries editors . The Daily Star . 7 March 2021 . https://web.archive.org/web/20210307110742/https://www.thedailystar.net/frontpage/news/abuse-dsa-worries-editors-2056045 . 7 March 2021.
7. Web site: Bangladesh: Media Groups Condemn Arrest of Journalist Under Draconian Digital Security Act . 2023-03-30 . The Wire.
8. Web site: Bangladesh: analysis of the Digital Security Act . ARTICLE 19 . 11 May 2020.
9. News: Digital Security Bill passed . 11 May 2020 . The Daily Star . 20 September 2018 . en.
10. News: How Section 57 morphed into Digital Security Act provisions . 11 May 2020 . Dhaka Tribune . 10 August 2018.
11. News: Bangladesh editors protest 'chilling' Digital Security Act . 11 May 2020 . aljazeera.com.
12. News: Attack on press freedom intensifies in Bangladesh - UCA News . 11 May 2020 . ucanews.com . en.
13. News: It’s now a gag on the media, free speech . 11 May 2020 . The Daily Star . 7 May 2020 . en.
14. News: Editorial: Right to freedom of expression is in mortal danger . 11 May 2020 . The Daily Star . 8 May 2020 . en.
15. News: The case for rescinding the Digital Security Act . The daily Star . 7 March 2021 . https://web.archive.org/web/20210306202417/https://www.thedailystar.net/opinion/news/the-case-rescinding-the-digital-security-act-2055997 . 6 March 2021.
16. News: Digital Security Act: More journalists facing arrest, cases amid hard days of Covid-19 crisis . 11 May 2020 . Dhaka Tribune . 7 May 2020.
17. News: Case against editors: ARTICLE 19 calls for immediate withdrawal . 11 May 2020 . Dhaka Tribune . 22 April 2020.
18. News: 8 journalists held in Bangladesh in a week under Digital Security Act . 11 May 2020 . New Age . en.
19. News: 3 journalists in Narsingdi arrested under Digital Security Act . 11 May 2020 . The Daily Star . 3 May 2020 . en.
20. News: 2020-05-06 . Cartoonist Kishore, writer Mushtaq arrested under DSA . 2021-03-19 . Dhaka Tribune.
21. News: Digital Security Act: 11 sued, two sent to jail . 11 May 2020 . The Daily Star . 7 May 2020 . en.
22. News: 2021-02-25 . Arrested in Digital Security case, writer Mushtaq Ahmed dies in jail . 2021-02-25 . Dhaka Tribune.
23. News: Man remanded for sharing Tangail MP's video harvesting unripe paddy . 11 May 2020 . Dhaka Tribune . 6 May 2020.
24. News: Ahmed . Kaamil . Bangladeshi journalist is jailed after mysterious 53-day disappearance . 11 May 2020 . The Guardian . 8 May 2020.
25. Web site: Bangladesh: New Digital Security Act imposes dangerous restrictions on freedom of expression . amnesty.org . 11 May 2020 . en.
26. Web site: U.S. Ambassador Marcia Bernicat’s Statement on Digital Security Act in Bangladesh . U.S. Embassy in Bangladesh . 11 May 2020 . 30 September 2018.
27. News: Govt ‘abusing’ Digital Security Act to hide facts: BNP . 11 May 2020 . unb.com.bd . English.
28. News: 2021-03-08 . No bail if one tarnishes country’s image . 2021-03-07 . The Daily Star . en.
29. News: 2021-03-07 . CJ on DSA: Country’s image comes first . 2021-03-08 . Dhaka Tribune.
30. News: Country’s image to be given priority in DSA cases, CJ says . 2021-03-08 . New Age . en.
31. News: Country's image comes first, CJ warns accused . 2021-03-08 . Prothom Alo . en.