Gather views from stakeholders, incorporate those for new Cyber Security Act: experts

It is crucial to gather views from stakeholders and incorporate their perspectives into the legislation of the new cyber law which is set to replace the Digital Security Act (DSA), experts said. 

Speaking to The Business Standard on Monday (7 August), Nur Khan Liton, executive director of the Center for Law and Arbitration, said, "The opinions of parties concerned, including journalists, human rights activists, political party activists and leaders, teachers and students, must be taken into account so that the new law ensures a sense of protection."

Referring to the new name, "Cyber Security Act", Liton said the name itself provokes a sense of insecurity.

"The name could have been, 'Cyber Protection Act' or 'Cyber Safety Act'. Then the law would be quite comprehensible to the common people," he added.

But one thing is clear, the DSA has caused harassment of people from various professions, especially journalists and human rights activists, he said.

"We hope that compensation for those affected by the DSA will be taken into consideration. We believe that the existing sentences under the law will be reconsidered and the government will take the views of different parties involved in formulating the new act replacing the DSA," he added. 

Barrister Jyotirmoy Barua, a human rights activist and Supreme Court lawyer, told TBS that this change is merely decorative. 

Noting that the law is not being implemented based on public opinion, he emphasised it is crucial to gather views from stakeholders and incorporate their perspectives into the legislation to make the law more people-friendly.

"The law minister mentioned that people were afraid of the name DSA, and the renaming is intended to eliminate that fear. From the law minister's statement, it is evident that the law is inherently fear-inducing," he added.

Earlier today, the government decided to take a policy decision to replace the much-discussed Digital Security Act 2018 with the Cyber Safety Act 2023.

"We have decided to change the Digital Security Act to the Cyber Security Act.  Many sections of the Digital Security Act will not be in the new law. There will also be changes and corrections," Law, Justice, and Parliamentary Affairs Minister Anisul Huq told The Business Standard following the meeting on Monday (7 August).

"Sheikh Hasina's government is working as a 'listening government' that is why this decision has been taken," he added.

The minister also said there will be no jail term for defamation in the new law.

The Cyber Security Act 2023, the replacement for the Digital Security Act 2018, will include monetary penalties instead of imprisonment for journalists in defamation cases, said Anisul Huq.

"Digital Security Act had rules for imprisonment to punish defamation in the case of news coverage. The new law will change that and provide for fines instead of imprisonment." 

He added that 3-6 months of jail time would be imposed if the fine is not paid.

The law minister clarified that the imposition of fines in journalism will align with the principles applied in civil cases.

After the disclosure, the Amnesty International said it welcomed Bangladesh's decision to "repeal" the Digital Security Act (DSA), but urged the government to ensure the new cyber law does not have the same "repressive" features.