For every general election, a new digital law

The recent cabinet decision to replace the much-talked-about Digital Security Act-2018 (DSA) with a new law, Cyber Security Bill-2023, has created an uproar among the rights defenders, lawyers, journalists, NGOs, and the civil society members. 

 

According to them, the new law is going to be another version of the existing draconian law, which monstrously empowered the police and other law enforcement agencies to curb freedom of speech, freedom of the press, and muzzle dissent voices -- the DSA.

This is indeed true, to a large extent, that the Cyber Security Bill-2023, most likely to be passed in the September session of the Awami League-led parliament, is identical: Almost all of the sections of DSA have been kept intact, except section 29, which was largely abused against the opposition, dissent voices, and journalists. 

Section 29 of the DSA contains the provision of jail term for three years for defamation. The proposed Cyber Security Bill-2023 has dropped the jail term from section 29 -- a move that people have praised.

Reading the draft of the new proposed law, it seems that the basic difference between the DSA and Cyber Security Bill-2023 is the extent of jail term: The DSA has longer jail terms while the Cyber Security Bill-2023 proposes lower jail terms.

For instance, section 21 of the DSA stipulates anyone launching or aiding to launch any propaganda or campaign in any digital platform about Bangladesh’s war of independence, the spirit of the war of independence, Father of the Nation Sheikh Mujibur Rahman, national anthem, or national flag will face maximum prison sentence of 10 years or a financial punishment of Tk 10 million or both. Repeat of such offenses will enhance the punishment to life sentence or a fine of Tk 30 million or both.

In section 21 of the Cyber Security Bill-2023, the punishment for the aforesaid “offenses” is seven years’ imprisonment or a fine of Tk 10 million or both.

The purpose of this article is not to dissect the DSA or the Cyber Security Bill-2023, rather point out a common action of the two major political parties in Bangladesh since 2006 -- the Awami League and the Bangladesh Nationalist Party (BNP).

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