Digital Security Act goes, CSA succeeds

The government has finally decided to scrap the contentious Digital Security Act (DSA) and make a modified law on cyber security with major changes in provisions, including one fining maximum Tk 2.5 million for defamation instead of imprisonment.
With Prime Minister Sheikh Hasina in the chair, the weekly cabinet meeting Monday took the decision that replaces the Digital Security Act 2018 with the Cyber Security Act (CSA) 2023.
Law Minister Anisul Huq revealed the decision of the cabinet while talking to reporters after attending the cabinet meeting held at the Prime Minister office in Dhaka.
According to the minister, CSA rid penal punishment for defamation-a charge often journalists face.
"Now, you will not be jailed for defamation…there will be punishment of fine for defamation."
However, there will certainly be imprisonment for inability to pay fines up to six months, he told reporters.
Rights organizations and experts welcomed the change but said the proposed CSA must guarantee accountability and transparency and stop abuse.
Addressing a press briefing at the secretariat, the minister said the proposed Cyber Security Act 2023 would incorporate almost all the provisions of the Digital Security Act with some changes.
The Digital Security Act would be repealed when the proposed law would come into effect and the proceedings of the DSA cases would happen under the new law, he said.
The tough DSA was enacted on October 8, 2018 with the aim of preventing the spread of sectarianism, extremism, terrorist propaganda, and hatred against religious or ethnic minorities through social media, print media or any other electronic media.
But, since its inception, the law has been criticized heavily for its widespread misuse, especially against journalists.
Different quarters-like journalists, rights activists, civic groups and international organisations--had demanded the scrapping of what they called the draconian law.
They had been alleging that the law was being abused and misused to suppress freedom of speech and media freedom.
Commenting on the decision, Senior Lecturer, School of Law, BRAC University, Md. Saimum Reza Talukder said the government should explain to the public why DSA is being replaced with CSA.
"Is it because the law is repressive, or because the law does not provide justice to the people, or is it simply due to widespread criticism?" he questioned.
He recommends thinking of a "Cyber Safety Act" instead of the "Cyber Security Act".
The DSA has confused "Content Moderation," "Cybercrime," and "Cyber Security."
"It would have been ideal if there were three new laws pertaining to these important issues," Talukder suggests.
He said CSA should be synchronized with the National Cybersecurity Strategy 2014, the National ICT Policy 2018, the proposed Data Protection Act, the proposed OTT Policy etc.
"The proposed CSA must guarantee accountability and transparency through both administrative and judicial mechanisms," he said.
Meanwhile, Amnesty International welcomes the decision of the government to repeal the Digital Security Act (DSA), which was 'weaponised' by the ruling party and its affiliates to stifle dissent and thwart freedom of expression online.
However, the government "must ensure that the Cyber Security Act it plans to replace DSA with does not rehash the same repressive features of the DSA", it says in a tweet later in the day.
The government must also ensure that all stakeholders have sufficient opportunity to scrutinise and make recommendations on the proposed new law before it is enacted and that its provisions fully comply with international human rights law, Amnesty says.
"We also urge the Bangladeshi authorities to immediately and unconditionally release and drop all charges against all those charged under the DSA solely for exercising their right to freedom of expression," it adds.
Transparency Interna-tional Bangladesh (TIB) cautiously welcomes the cabinet decision. However, the anti-graft watchdog agency urges the government to ensure that the new cyber-security law that is being formulated in the context of DSA "should not become a tool to prevent freedom of expression and suppress the voice of the media".
TIB Executive Director (ED) Dr Iftekharuzzaman said, "Even if the DSA is amended or completely overhauled, the law will not reflect the public interest or it will not be acceptable to the people, TIB has consistently said this and demanded the repeal of the law.
"Finally, we welcome the Cabinet's decision to repeal the law. At the same time, we would like to believe that the government has decided to repeal the Act after realising that the DSA has become repressive and a tool to stifle voices and suppress dissent."
Dr Zaman also warned that the proposed new Cyber Security Act should not become a rehash of the same "repressive" features of the DSA.

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