November 8, 2024
DHAKA – The interim government yesterday decided in principle to repeal the Cyber Security Act which has been used to curb press freedom and suppress political dissent.
The decision was made at a meeting chaired by Chief Adviser Prof Muhammad Yunus at his office.
The advisory council gave provisional approval to a draft of the Cyber Security Act (repeal) Ordinance 2024, which the Legislative and Parliamentary Affairs Division will now examine before it is finally approved by the advisers, according to a Cabinet Division statement.
The law ministry with secretarial and technical support from the ICT Division will come up with a separate law on ensuring safety and security in the cyberspace, said the statement.
In September 2023, the Awami League government passed the CSA in parliament, replacing the Digital Security Act (DSA) 2018.
Rights defenders and journalists pointed out at the time that the provisions used to repress dissent were carried over from the DSA to the CSA.
There were barely any qualitative or significant changes in the provisions that curtailed press freedom, they said.
“The fascist Awami League government transformed the Digital Security Act into the Cyber Security Act last year, but the law had the same objectives,” Chief Adviser’s Press Secretary Shafiqul Alam told a press briefing at Foreign Service Academy yesterday.
The interim government will formulate a new law keeping in mind the security of women, children, and financial transactions on the internet, he said.
The CSA was used to sue and harass many people from the minority communities, he said, adding that the law the interim government is going to formulate will ensure the safety of vulnerable groups.
“The law adviser earlier assured that cases filed to curb freedom of expression would be cancelled. These cases should be cancelled,” Shafiqul said.
But cases related to pornography, women’s safety, and actual cyber security issues would not be dismissed, he added.
Contacted, Transparency International Bangladesh Executive Director Iftekharuzzaman said he welcomed the decision to do away with the draconian law.
“We would hope that measures will be duly taken as early as possible to withdraw all cases lodged under the [CSA and DSA] acts,” he said, adding that he expected the interim government to compensate the victims of these acts.
A law to combat cybercrimes is needed in every country, he said.
But the new law should be drafted in a fully participatory process and should be called anything but CSA “because the very name creates a sense of insecurity among the people”.
“The law’s objective and scope should be limited only to ensuring safety on the internet.”
Rights expert Prof CR Abrar, said, “We welcome the decision. This is another achievement of this government. Amending [the CSA] would not have been possible. It should be scrapped not because it was wrongly applied, but because it was applied in a way it was meant to be.”
About the law which would replace the CSA, he said it would not be prudent to draft such an important law in a hurry.
As of August, at least 5,818 cases filed under the CSA and its predecessors ICT Act and the DSA were pending in the country’s eight cyber tribunals, according to a press release issued by the law ministry on September 30.
Since the fall of the Awami League government in August, demands for repealing or amending controversial laws have been growing.
On November 4, Nahid Islam, adviser to the information ministry, said the CSA would be repealed within a week and pending cases under the act dismissed.
The government is also reviewing other laws that curb freedom of expression.
Many people accused under draconian laws were freed on bail after the interim government took office.
Law Adviser Prof Asif Nazrul earlier said the CSA would be repealed.