The Bangladesh Government has approved the draft of digital security act aimed at tackling digital crimes. The Digital Security Bill, 2018 has been placed in parliament. There are pros and cons of the new digital security laws.
Section 32 of the proposed act considers the secret recording of any information at any government, semi-government or autonomous institution as espionage. However, journalists and online activists fear that the proposed law could be used to muzzle freedom of expression in the country. Many journalists and online activists, who expose government corruption by secretly recording irregularities, fear that their worth can also be regarded as espionage. If convicted for violating the provision, a person may face imprisonment of up to 14 years and a fine of about $24,900 under the proposed draft, which has been approved by the cabinet and is now awaiting parliament’s nod. If the draft is passed, any journalist, academic, researcher, and online activist can be framed and may face a charge of spying when they try to collect necessary information for a report. It will narrow down domain of journalism and free voice will be surprised. The merit will be that it will curb crime.
The new draft is supposed to replace the controversial Information and Communication Technology (ICT) Act of 2006, which was enacted to regulate internet use in the South Asian nation. Section 57 of the Law has been used against journalists on many occasions.
The ICT Act. granted law enforcement the right to arrest any person without a warrant. Moreover, offenses under S57 were made non-bailable and the maximum penalty was 14 years imprisonment. In 2017 alone at least 25 journalist and several hundred bloggers and Facebook users were prosecuted under S57.
Stronger laws are needed to ensure the security of the digital information. Laws should be carefully made so that the privacy of critical and sensitive data is properly maintained. At the same time, freedom of expression should not be violated, as it is a constitutional right of the citizens of the country.
S57 deals with defamation, hurting religious sentiments, causing deterioration of law and order and instigating against any person or organization through publishing or transmitting any material in a website or in electronic form. It instigates a maximum of 14 years in prison for the offenses. Now the draft splits these offenses into four separate sections with punishments ranging from three to ten years term. The proposed law describes some crimes as “non-bailable” and allows police officials to search or arrest anyone without a warrant in special circumstances. The act will combat growing cyber crimes that are affecting many public and private organizations including Bangladesh Bank. Cases filed under S57 will continue. Rights activists and journalists have been demanding cancellation of S57 for its widespread misuse. Experts say the section goes against peoples’ right to freedom of expression and free speech and it contains vague wordings, allowing its misuse against newsman and social media users.
There are many new sections too. S21 says anyone spreading negative propaganda against the liberation war or the father of the nation, using digital devices or instigates to do so, will risk being sentenced up to 14 years jail or a fine of up to Tk. 1 crore or both. He or she will face up to life imprisonment or Tk. 3 crore fine or both for committing the offense for the second time.
S25 of the proposed law states that a person may face up to three years in jail or Tk. 3 Lakh fine or both if he or she is found to have deliberately published or broadcast in the website or electronic form something which is attacking or intimidating or which can make someone dishonest or disgruntled, knowingly publish or broadcast false and distorted (full or partial) information to annoy or humiliate someone; knowingly publish or broadcast false and distorted (full or partial) information to tarnish image of the state or to spread rumor. A person will face up to 5 years in jail or Tk. 10 Lakh or both for committing the offense for the second time. Hence this section will prevent anyone from tarnishing the image of the state.
S28 says a person may face up to 7 years in jail or Tk. 10 Lakh fine or both if he or she is forced to have deliberately published or broadcast something in a website or in electronic form or gets it done to hurt one’s religious sentiments and values. A person will face up to ten years in jail or Tk. 20 lakh or both for committing the offense for the second time. The advantage of this section is it will greatly curb attacking religious sentiments of others.
S29 says a person may face maximum three years in jail or Tk. 5 lakh fine or both if he or she commits offense stipulated in S499 of the penal code through websites or in electronic form. He or she will face up to 5 years in jail or Tk. 10 lakh fine or both for committing the offense for the second time. S499 penal code states, “whoever by words either spoken or intended to be read, or by signs or by visible representation, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter excepted, to defame that person”. Although this section curtails freedom of expression or opinion, it is very useful in preventing or reducing defamation.
S31 of the proposed law says a person may face up to seven years in jail or Tk. 5 lakh fine or both if he or she is found to have deliberately published or broadcast something on the website or in electronic form which can spread hatred and create enmity among different groups and communities and can cause deterioration of law and order. Punishment will be up to 10 years in jail or Tk. 10 lakh fine or both for committing the offense for the second time. This section will reduce spreading of hatred or enmity. On the other hand, the disadvantage is that some may say that it reduces freedom of expression and speech.
S32 deals with digital spying. A person may face up to 14 years in jail or Tk. 20 lakh fine or both on a charge of spying if he or she illegally enters the offices of government, semi-government and autonomous bodies to gather information and use an electronic device to record something secretly. A person may face up to 14 years in jail or Tk. 1 crore or both form hacking, according to S 34 of the act. If anyone illegally enters any critical information infrastructure, he or she will face maximum seven years imprisonment or Tk. 25 lakh fine or both, and he or she may face up to 14 years in jail or Tk. 1 crore in fine or both for doing any harm to the infrastructure, according to S17. The new law stipulates some crimes under S17, 28, 31, 32 and 34 as “non-bailable”, considering the gravity of crime and magnitude of punishment.
According to the draft law, the government will form a Digital Security Agency to ensure national digital security and combating cybercrimes. A director general will lead the body. To discuss the overall digital security of the country and take a nationally important decision over the issue, there will be a National Digital Security Council headed by the Prime Minister. The government, through a gazette notification, will declare some specific computer systems, networks and information infrastructures as “essential information infrastructures” to serve the purpose of the act.
As per section 43 of the draft, police officials can arrest anyone without any warrant issued by a court. If a police officer believes that an offense under the act has been committed in a certain place or is being committed or there is a possibility of crimes, or there is a possibility of destroying evidence, he or she can search the place or any person present there. The officer can arrest any person if he or she suspects that the person has committed or is committing crimes. In such a case, the officer has to submit a report to the court after carrying out the search.
The pros of the draft Digital Security Act include ensuring cyber-security and preventing cybercrimes; ensuring the country’s security from digital crime and to ensure the security of people’s lives and assets; maintain peace and harmony; ensure national digital security.
The cons of the draft include every chance of the proposed law being misused against people’s right to express themselves, freedom of press and freedom of speech was put to the sword.
However, few recommendations would be first, for the purpose of the S32 it should be explained clearly what is secret information because otherwise there would be confusion and mistakes; secondly binding authorities should do scrutiny before taking cases on defamation/hurting religious sentiments; punishment should be according to the nature of the offence; the Digital Security bill should be finalised following discussions among all stakeholders and the said law should not be enacted hastily.
After proper and detailed scrutiny hopefully, these laws will enhance national digital security and combat growing cybercrimes.
*Not all the views expressed in the column are the views of the magazine.