Digital Security Act, 2018
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The Digital Security Act, 2018, was a
digital security Computer security (also cybersecurity, digital security, or information technology (IT) security) is a subdiscipline within the field of information security. It consists of the protection of computer software, systems and networks from thre ...
law in
Bangladesh Bangladesh, officially the People's Republic of Bangladesh, is a country in South Asia. It is the List of countries and dependencies by population, eighth-most populous country in the world and among the List of countries and dependencies by ...
. This act was passed with the aim of preventing the spread of racism,
sectarianism Sectarianism is a debated concept. Some scholars and journalists define it as pre-existing fixed communal categories in society, and use it to explain political, cultural, or Religious violence, religious conflicts between groups. Others conceiv ...
, 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. ''The Diplomat'' expressed 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. This law has been used to sue and arrest journalists and activists. It has been described as a "
Draconian Draconian is an adjective meaning "of excessive severity", that derives from Draco, an Athenian law scribe under whom small offenses had heavy punishments ( Draconian laws). Draconian may also refer to: * Draconian (band) Draconian is a Sw ...
" law. The Digital Security Act was repealed in 2023 with the Cyber Security Act, 2023.


History

Digital Security Act was adopted in October 2018. The Act was passed by 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. The act emulated Section 57 of Information and Communication Technology Act, which was passed in 2006, as the model. The act was protested by the Editors' Council. The Daily Star has been critical of the application of the act, describing it as a gag on the free press.


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.


Prominent cases

* On 14 April 2020, Journalist Golam Sarwar Pintu, of Dainik Bangladesher Alo, was arrested under Digital Security Act. * 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 Thakurgaon District () is a district in northwestern Bangladesh. It is part of Rangpur Division and borders India to the west. It was established as a mahakuma in 1860 consisting of 7 thanas named Thakurgaon sadar, Baliadangi, Pirganj, Ranishanka ...
. The case was filled by Swechasebak League, the volunteer wing of
Bangladesh Awami League The Awami League, officially known as Bangladesh Awami League, is a major List of political parties in Bangladesh, political party in Bangladesh. The oldest existing political party in the country, the party played the leading role in achievin ...
, leader Mominul Islam Bhasani. * On 29 April 2020, three journalists were sued in
Narsingdi District Narsingdi District () is a district in central Bangladesh. It is located 50 km north-east of Dhaka, the Bangladeshi capital. It is a part of Dhaka Division. The district is famous for its textile craft industry. Narsingdi is bordered by Kish ...
under the act after publishing news report on an auto rickshaw driver who died after a confrontation with members of
Bangladesh Police The Bangladesh Police () is the national law enforcement agency of Bangladesh, operating under the Ministry of Home Affairs (Bangladesh), Ministry of Home Affairs. It plays a crucial role in maintaining peace, and enforcement of law and order with ...
. The journalists worked for the local newspapers, Dainik Grameen Darpan and Narsingdi Pratidin. The case was filled by officer-in-charge of Ghorashal Police Station, Johirul Alam. * 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 Rapid Action Battalion (; abbreviated as RAB) is an anti-crime and anti-terrorism unit of the Bangladesh Police. This elite force consists of members of the Bangladesh Army, Bangladesh Navy, Bangladesh Air Force, Bangladesh Police, Border Guard ...
. Among them one cartoonist Ahmed Kabir Kishore, and one writer, the older brother of Xulhaz Mannan, Minhaj Mannan Emon, Asif Mohiuddin, Tasneem Khalil and Zulkarnain Saer Khan. 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. * On 6 May 2020, Sub-inspector Motaleb of Rupganj police station in
Narayanganj District Narayanganj District () is a district in central Bangladesh which is a part of Dhaka Division. It is the smallest district in Bangladesh. It is home to the ancient city of one of the oldest industrial districts in the country. The district lies on ...
filed a case against Momen Prodhan for sharing a picture mocking Soto Monir, Member of Parliament of Tangail-2 for harvesting unripe rice plants. * On 8 May 2020, Journalist Shafiqul Islam Kajol, who had disappeared, was "found" and charged under this act by Bangladesh Police.


Reception

According to Article 19, the act violates human rights and threatens freedom of speech in Bangladesh. According to
Amnesty International Amnesty International (also referred to as Amnesty or AI) is an international non-governmental organization focused on human rights, with its headquarters in the United Kingdom. The organization says that it has more than ten million members a ...
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. The act has been criticized by the United States as something that could be used to suppress free speech. Bangladesh Nationalist Party has called for the act to be repealed. 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.


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


Notes


References

{{Reflist Law of Bangladesh Censorship in Bangladesh Freedom of the press 2018 in Bangladeshi law Acts of the Jatiya Sangsad