Politicians, journos prime targets of DSA cases in 5 years : CGS  

The government reported that 7,001 cases were filed under the then Digital Security Act against 21,867 individuals, including journalists and politicians, between 8 October 2018 and 31 January 2023, said Ali Riaz, a member of the Centre for Governance Studies (CGS) advisory board.

At a webinar on Tuesday (30 April), he said Law Minister Anisul Huq during a parliamentary session on 5 June last year revealed the data regarding the cases under DSA, recently rebranded as the Cyber Security Act. 

"Based on the provided data, each case has an average of 3.12 accused individuals and 1.07 arrests made. As a result, the total number of arrestees stands at 7,542, all of whom are currently undergoing trial," said Riaz, a distinguished professor of Politics and Government at Illinois State University, the US.

The CGS hosted the webinar "5 Years of the Digital Security Act" to delve into the evolution of the law and its associated ramifications. 

During the webinar, the CGS unveiled the results of their study "The Ordeal: Five Years of The Digital Security Act 2018-2023."  

Ali Riaz, who served as the principal researcher of the study, said politicians and journalists have been the primary targets of accusations under the DSA over the past five years. Notably, cases linked to ruling party politics dominated the statistics. Furthermore, the year of 2021 witnessed the highest number of cases lodged.

For the study, the CGS analysed 1,436 cases filed under the act from October 2018 to September 2023. The case information was gathered from newspapers, court documents, lawyers, victims and victims' relatives.

What the CGS report finds 

The study found that in five years, 4,520 people were accused in DSA cases and 1,549 were arrested. The number of accused reported in the study is lower than the figures provided by the government, as the study report only includes information gathered from their limited sources.

During this period, an average of 24 cases were registered monthly with around 26 arrests. However, the monthly average of logged cases reached 40  in 2021.

Over 32% of the accused individuals are politicians, while 29.40% are journalists. Additionally, around 78% of the plaintiffs have affiliations with the ruling Awami League, it found. 

Journalists were predominantly accused due to their reporting activities. Notably, journalists residing outside the capital faced accusations more frequently than their counterparts in the capital, the study shows.

According to the report, approximately 190 defamation cases were filed under the DSA for allegedly defaming the prime minister, with the majority of these cases initiated by her supporters. Additionally, the second highest number of cases were filed by various law enforcement agencies.

Some 908 cases have been logged under this Act for posting or commenting on Facebook, while 528 cases have been filed on charges related to the offence of hurting religious sentiments, the study says.

According to Ali Riaz, most of the DSA cases were filed in Dhaka. Some 28 children were accused and 22 were arrested in DSA cases.

During the presentation of the study report, Ali Riaz emphasised several concerning aspects, including a lack of transparency, prolonged judicial procedures, pre-trial detention, prosecution of juveniles, and the arbitrary enforcement of the law.

The study recommends setting up an independent commission comprising civil society and experts to review bail for those detained under the DSA and cases filed under the Act over the past five years.

At the event, Badiul Alam Majumdar, secretary of Shushashoner Jonno Nagorik (Shujan), said, "The DSA pushed the civil society towards uncertainty. These laws are being used against political opponents." 

Faruq Faisel, executive director of Ain o Salish Kendra, said, "The [AL] government has been in power for 15 years but these [2018-23] five years of DSA are enough to tarnish their reputation." 

CGS Chairman Manjur Ahmed Chowdhury and Supreme Court lawyer Shihab Uddin Khan also spoke at the webinar, moderated by CGS Executive Director Zillur Rahman.