Digital Security Act
Govt to sit with stakeholders on possible changes to DSA: Law Minister
Law, Justice and Parliamentary Affairs Minister Advocate Anisul Huq on Monday reiterated that the Digital Security Act 2018 was not aimed at repressing freedom of speech or freedom of the press.
The minister said those at an event styled ‘Shaping of third sector - Laws and Policies’ in the capital’s Hotel Sonargaon on Monday.
United States Agency for International Development (USAID), International Center for Not-for-Profit Law (ICNL) and Counterpart International jointly organised the event on the occasion of the submission of some recommendations by civil society for the amendment of two acts in particular: The Foreign Donations (Voluntary Activities) Ordinance-2016 and DSA-2018.
The recommendations were put forward for discussion at today’s event.
“There was the need for a law to recognise some crimes being committed through digitalisation and advanced computerisation,” the law minister said, adding that no one can say, and no one has ever said the DSA was unnecessary.
He also noted that the Law Ministry is not the Line Ministry for the DSA, hence he wasn’t privy to how much stakeholder discussion or engagement took place during the drafting stage.
“I don’t know what discussions were held with the stakeholders when the act was being drafted,” he said.
Acknowledging the misuse of the DSA, the law minister said: “It is sad but true that I saw many misuses and abuses of the act after its enactment.”
“Many file cases under the DSA from the tendency of implicating and landing someone in jail for a few days,” Huq said, touching on one of the ways of misuse.
Going forward, the law minister said no case filed under the DSA would be accepted until a cell formed for verifying the allegations accepts its validity.
He also said the process to introduce amendments to any act, to the law, must not rely on random demands, and must exhaust the options of delivering better results through changes in the rules. Only then should it proceed to an amendment. That process is now underway in the matter of DSA, he said.
“We will sit with you all to discuss the DSA, it will be better if we sit once before Ramadan,” Huq said.
TIB Executive Director Dr Iftekharuzzaman, Manusher Jonno Foundation Executive Director Shaheen Anam, Dhaka University’s Professor CR Abrar and lawyer Jyotirmoy Barua, among others, were present at the event.
Data protection law to be enacted to protect data, reiterates Law Minister
Law Minister Anisul Huq reiterated on Thursday that data protection law will be enacted to protect data, not to control it.
He was talking to reporters after the Deputy Commissioners’ Conference 2023 at the Osmani Memorial Auditorium in the capital.
"We will place the draft of the Data Protection Act in parliament. That does not mean that suggestions from the stakeholders will not be heard,” he said.
Read more: US did not impose new sanctions as human rights situation has improved: Law Minister
This act is for protecting data and will be enacted as per this policy, he added.
Regarding the Digital Security Act (DSA), he said, "We have taken measures to ensure that cases are registered after proper verification and avoid immediate arrest.”
The law minister said they have also formed a committee after consulting with the United Nations High Commissioner for Human Rights for best practices in this regard. “If necessary, we can certainly amend the Digital Security Act.”
Read more: New law in the offing to appoint HC judges: Law Minister
He also said the government has taken an initiative to raise the salary of government law officers (PPs and GPs) by dividing the districts into three categories-- large, medium and small.
Highlighting the reasons for raising the salary of GPs-PPs, the minister said, 'We have planned to launch the Independent Prosecution Service. However, the entire PP Service will not be an Independent Prosecution Service.”
In the session with the DCs, Anisul highlighted the government's initiatives to ease the long-running backlog of cases. “I have talked about alternative dispute resolution and legal aid services.”
Mufti Kazi Ibrahim lands in jail
A Dhaka court on Monday sent Islamic preacher Mufti Kazi Ibrahim to jail in a case filed under the Digital Security Act.
Dhaka Cyber Tribunal Judge AKM Zulfiker Hayat passed the order when he confessed to his guilty before the court.
Advocate Nazrul Islam, a counsel of the state, said the court was scheduled to frame charges against Mufti Ibrahim but he made a confession before the court.
Later, the court sent him jail for giving false and instigating statements.
Also Read: Mufti Ibrahim sued under DSA
Police arrested preacher Mufti Kazi Ibrahim from his Mohammadpur residence on September 28, 2021 and since then he remained behind the bars.
Police submitted chargesheet against him in the case.
On September 29, 2021, a case was filed against Mufti Ibrahim under the Digital Security Act.
Mohammad Abdul Latif, officer-in-charge of Mohammadpur Police Station filed the case on with the police station following an allegation of DB-Cyber and Special Crime Department.
The web-based crime investigation team of the Intelligence Department of Dhaka Metropolitan Police found some video clips of the preacher on social networking sites where he gave controversial statements.
Jatiyatabadi Mahila Dal leader held in city
Members of Rapid Action Battalion (RAB) on Sunday detained General Secretary of Jatiyatabadi Mahila Dal Sultana Ahmed from her residence in the city’s Gulshan.
Sultana was later shown arrested in a case filed at Paltan police station under the Digital Security Act, said Salahuddin, officer-in-charge (OC) of Paltan Model police station.
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She was sent to a court after the arrest, the OC added.
However, the OC did not provide any information about the allegations brought in the case.
‘Some abuses are reported while implementing any new law’
Law Minister Anisul Huq has said the government remains vigilant to stop any misuse or abuse of the Digital Security Act (DSA), noting that some abuses are reported while implementing any new law in any country in the world.
The issue of amendment to the law comes when there are abuses and the government is trying to plug in the places where there is scope of abuse and misuse, he said.
"If there is a necessity for any amendment, we will do that," said the Law Minister.
He, however, said bringing amendments to any law is a lengthy process and the government may go for shortening the process by introducing relevant rules.
The Law Minister was speaking at a debate on DSA, moderated by Editors Guild President and Editor-in-Chief of Ekattor Television Mozammel Babu on Saturday.
Minister Huq said a perception regarding the DSA has been created and the government is aware of it.
He said the government is listening to all and trying to address the issues. “We are trying to solve the problem. Our ears are not closed.”
After identifying certain cases of misuse and abuse through the DSA in 2019, the Law Minister said he tried to find out other countries where such laws exist and also contacted the Office of the UN Human Rights Commission.
"We are still discussing the good practices,” he said, adding that he even sat with the Home Minister and decided that the journalists will not be arrested right away.
The Law Minister said when a complaint is lodged, a cell will decide whether or not there is prima facie proof that an offence has been made under the law.
The Law Minister referred to the law regarding punishment for making any kind of propaganda or campaign against liberation war, spirit of Liberation War, Father of the Nation, national anthem or national flag.
“Was it necessary to protect? Yes, it was necessary,” he said, adding that it hurts him when someone says 30 lakh people did not sacrifice their lives during the Bangladesh's War of Liberation in 1971.
“It (such distortion of settled history) does not just bring tears in my eyes, it seems to me that someone hit on my chest,” he added.
The Law Minister also questioned those who made room for war criminals like Motiur Rahman Nizami and Ali Ahsan Mohammad Mujahid in the cabinet.
Human rights activist advocate ZI Khan Panna, cultural personality Nasiruddin Yousuff Bachchu, Regional Director for ARTICLE 19 South Asia and Bangladesh Faruq Faisel, filmmaker Kamar Ahmad Simon, Prothom Alo joint editor Sohrab Hassan and journalist Syed Ishtiaque Reza, among others, spoke at the discussion.
ICT Division defends move to list Critical Information Infrastructure
The Information and Communication Technology (ICT) Division has recently listed 29 government institutions as Critical Information Infrastructure (CII), leaving them beyond the purview of certain clauses of the Right to Information Act.
In a press release, the ICT Division provided an explanation on why such a move was necessary.
“The 29 institutions marked as CII contain important information regarding the government and the people. If this information is harmed, the security of the people and the financial institutions along with public health and the sovereignty of the nation will be in danger. That’s why the government has decided to protect this information,” said the press release.
Read: UNDP, ICT Division sign deal to launch cybersecurity awareness campaign
The release added that some political parties and organizations are spreading falsehood saying that the government is doing it to deprive people of their right to information.
“The government aims to provide secure and constant service to the people by protecting some information through audits, building infrastructures, maintaining necessary networks systems, using standard hardware and software and appointing competent human resources. The government is doing all this according to the Act No 15 of the Digital Security Act 2018. So there’s no question of curtailing people’s right to information,” added the release.
Journalist Fazle Elahi gets bail in DSA case
A Rangamati court on Wednesday granted bail to journalist Fazle Elahi in a case filed under the Digital Security Act.
Rangamati Senior Judicial Magistrate Fatema Begum Mukta granted the bail and asked Elahi, editor of Dainik Parbatya Chattogram and Pahar 24.com, to appear before the Chattogram Cyber Tribunal within seven days.
Also read:Comment on ‘nomination trade’: Janipop chairman, 2 others sued under DSA
Earlier in the day, Elahi’s counsel Advocate Biplab Chakma filed a petition seeking bail for his client.
Nazneen Anwar, daughter of former Rangamati MP (reserved seat) Firoza Begum Chinu lodged the complaint with police against Elahi under the Digital Security Act over publishing a report against her mother Chinu.
Chattogram Cyber Tribunal issued an arrest warrant against Elahi following the case and police arrested him from his ADC Hill residence in Rangamati Tuesday evening.
Also read:HC stays trial against journo Kajol in 3 cases under DSA
A group of journalists held a human chain in front of Rangamati Deputy Commissioner’s Office Wednesday morning demanding release of Elahi. Later, social workers, political activists and students expressed solidarity with them. They also demanded cancellation of the DSA.
US ambassador voices concern over DSA in Bangladesh
US Ambassador to Bangladesh Peter Haas on Tuesday reiterated Washington’s concern over Bangladesh’s Digital Security Act.
"The United States has made our concerns about the DSA clear, both in our Annual Human Right Report and in meetings with government officials," the ambassador told an event at EMK Centre here commemorating the World Press Freedom Day 2022.
He referred to Reporters Without Borders (RSF) most recent World Press Freedom Index that ranked Bangladesh 162nd out of 180 countries, a drop of ten places from the previous year.
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The envoy said one reason Bangladesh scored so low is the Digital Security Act, which the report calls “one of the world’s most draconian laws for journalists.”
"We are also concerned about the Bangladesh Telecommunication Regulatory Commission’s draft “Regulation for Digital, Social Media and Over-the-Top Platforms” and the draft “Data Protection Act,” Ambassador Haas said.
"While neither draft has been finalized, we fear they contain provisions which could be used to further intimidate journalists and others eager to express themselves," he mentioned.
The US envoy said the founders of the United States found the idea of press freedom so important that it became the very First Amendment in their Bill of Rights.
"Of course, that does not mean the United States is perfect when it comes to having a free press," he said.
In the same RSF World Press Freedom Index, the United States ranked 42nd out of 180 countries. "Frankly, the United States needs to do better,” he said.
The ambassador highlighted five principles including protection of journalists from harassment and violence, noting that journalists play an even more important role in elections.
"I very much hope that these five principles are upheld throughout the election season and beyond,” he said.
Four other standards that Haas highlighted relating to the media are protection of editorial independence free from political or economic interference; allowing media to criticize the government, ensure that media is not held liable for the reproduction of untrue statements made by others and claims of defamation are not used to suppress freedom of expression, to stifle public debate, or to silence criticism of the government.
He referred the Atlanta, Georgia-based Carter Center, a well-regarded authority on elections, while sharing election standards used around the world.
"We all have an obligation to protect the free press and to allow journalists to seek and report the truth without fear, harassment, or censorship," the ambassador said, adding that a free press is a key ingredient in a legitimate and free democracy.
He said the United States’ policy on the Bangladeshi elections – or anywhere for that matter – is that the people of the country should have the ability to choose their own government through free and fair elections conducted in accordance with international standards.
Terming journalism a noble profession, Ambassador Haas said increasingly, around the world, it is a difficult and dangerous one.
Also read: Govt enacted DSA to prevent cybercrime: Law Minister
Monjurul Ahsan Bulbul, US Jefferson Media Fellow and former President of the Bangladesh Federal Union of Journalists (BFUJ) delivered the keynote speech.
Matiur Rahman, Editor of the Daily Prothom Alo, Japanese Ambassador to Bangladesh Ito Naoki, Canadian High Commissioner to Bangladesh Lilly Nicholls and British Deputy High Commissioner Javed Patel also spoke at the discussion.
A moment of silence was observed in honor of Palestinian-American journalist Shireen Abu Akleh, who was tragically killed in the West Bank.
Bulbul highlighted the challenges of journalism and said doing journalism in Bangladesh is like swimming in a pond full of crocodiles.
Matiur Rahman described his personal experience of long career in journalism and challenges he and his newspaper faced.
US envoy discusses DSA with law minister
Bangladesh and the United States on Sunday discussed updating the Digital Security Act (DSA) so that it prevents cybercrime without curtailing the freedom of speech or independence of the press.US Ambassador to Bangladesh Peter Haas met Law Minister Anisul Huq to discuss areas of mutual cooperation and the importance of ensuring freedom of expression.
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DSA case: Rajshahi Katakhali mayor put on 3-day remand
A Rajshahi court on Monday placed the mayor of Rajshahi's Katakhali Municipality Abbas Ali on a three-day remand in a case filed under the Digital Security Act (DSA).
Judge of the Rajshahi Metropolitan Magistrate Court-2 Shankar Kumar passed the order when sub-inspector Shahabul Islam, also the investigating officer of the case, produced him before the court with a 10-day remand prayer.
READ: Child dies hit by bus in Rajshahi
The court also rejected the bail petition of Abbas.
Advocate Pervez Toufik Zihadi stood for the mayor while Advocate Aslam Sarkar, Mozaffar Hossain and Musabbirul Islam represented the petitioner.
On December 1, Abbas Ali, was detained by the Rapid Action Battalion (RAB) from a hotel in Dhaka.
The detention comes days after he was booked under the Digital Security Act (DSA) over his alleged derogatory remarks on Bangabandhu and announcement to stop the construction of a mural of Father of the Nation Bangabandhu Sheikh Mujibur Rahmna in the city.
A RAB team conducted a drive at Razmoni Ishakha hotel in Dhaka and detained Abbas.
Mayor Abbas, in his second term as mayor, came under fire after an audio clip of his remarks on Bangabandhu went viral on social media recently.
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"The Katakhali city gate will be built soon but the private contractor has submitted a design of Bangabandhu's mural to be installed at the gate," Abbas was heard as saying in the clip.
"It will be a sin if I allow construction of Bangabandhu's mural... it is not right as per the Islamic Shariah laws."
Abdul Momin, councillor of ward no 13 of Katakhali Municipality, lodged a complaint against Abbas under the Digital Security Act (DSA) at the Boalia police station, following which an FIR (first information report) was filed on that day.
Police arrested Liton, the personal assistant of Abbas, and following his confessional statement, cops came to know about the whereabouts of Abbas.