Sunday, 22 December, 2024
The interim government has provisionally approved repealing the Cyber Security Act, often criticized as a "black law." The decision was made on Thursday during a meeting of the advisory council, chaired by Chief Advisor Muhammad Yunus. The council granted initial approval to the draft of the "Cyber Security Act (Repeal) Ordinance 2024."
Following the meeting, the Cabinet Division announced that the ordinance would undergo vetting by the Legislative and Parliamentary Affairs Division. Once vetted, the ICT Division will submit it to the advisory council for final approval.
The law ministry, in coordination with the ICT Division, will prepare a new draft law aimed at ensuring “safety and security” in cyberspace. This proposed legislation will be presented at a future council session.
The government's decision to repeal the controversial Cyber Security Act comes amid widespread criticism and protests from civil society, journalists, and human rights groups. Many argue that the Act, a successor to the Digital Security Act (DSA), was weaponized to stifle free speech and dissent, infringing on fundamental rights.
Despite the government's claims that this repeal reflects a commitment to democratic values, scepticism persists. Observers remain wary, recalling previous promises of reform that failed to yield meaningful change. Concerns abound that any new legislation could continue to restrict civil liberties under a different guise.
The original Digital Security Act, introduced by the Awami League government on September 19, 2018, faced sharp rebukes from journalists, lawyers, intellectuals, and international human rights organizations. Critics noted that it replaced the ICT Act but preserved contentious provisions, such as Section 57, which had been widely misused.
The situation reached a crisis point in 2021 when writer Mushtaq Ahmed died in custody after being detained under the DSA, triggering public outrage and renewed calls for the law's repeal. Despite assurances from then-Law Minister Anisul Huq to curb misuse, arrests continued unabated.
In March 2023, a journalist's early-morning arrest under the Act reignited the debate and sparked fresh demands for repeal. Reporters Without Borders (RSF) condemned the government's actions, urging an end to media repression. UN High Commissioner for Human Rights Volker Türk also demanded an immediate halt to the Act's use and called for reforms to align with global human rights standards.
In response to mounting pressure, the government rebranded the Digital Security Act as the Cyber Security Act, passing it in parliament in September 2023. However, the renamed law retained sweeping powers, such as Section 42, which allowed warrantless arrests, drawing further criticism.
Since the Awami League government's fall in August, calls for legal reforms have intensified. ICT Advisor Nahid Islam confirmed on Monday that the Cyber Security Act would be repealed within a week, with all pending cases dismissed. He emphasized that laws restricting freedom of expression are under review.
A Centre for Governance Studies (CGS) report found that around 60% of Digital Security Act cases were initiated by law enforcement or pro-government entities. Between October 2018 and September 2023, at least 4,520 individuals were charged in 1,436 cases. The study, titled "The Ordeal: Five Years of the Digital Security Act," revealed that political repression was a primary misuse of the law, noting a significant rise in the arrest of politicians, particularly before the January 7 national election.
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The interim government has provisionally approved repealing the Cyber Security Act, often criticized as a "black law." The decision was made on Thursday during a meeting of the advisory council, chaired by Chief Advisor Muhammad Yunus. The council granted initial approval to the draft of the "Cyber Security Act (Repeal) Ordinance 2024."
Following the meeting, the Cabinet Division announced that the ordinance would undergo vetting by the Legislative and Parliamentary Affairs Division. Once vetted, the ICT Division will submit it to the advisory council for final approval.
The law ministry, in coordination with the ICT Division, will prepare a new draft law aimed at ensuring “safety and security” in cyberspace. This proposed legislation will be presented at a future council session.
The government's decision to repeal the controversial Cyber Security Act comes amid widespread criticism and protests from civil society, journalists, and human rights groups. Many argue that the Act, a successor to the Digital Security Act (DSA), was weaponized to stifle free speech and dissent, infringing on fundamental rights.
Despite the government's claims that this repeal reflects a commitment to democratic values, scepticism persists. Observers remain wary, recalling previous promises of reform that failed to yield meaningful change. Concerns abound that any new legislation could continue to restrict civil liberties under a different guise.
The original Digital Security Act, introduced by the Awami League government on September 19, 2018, faced sharp rebukes from journalists, lawyers, intellectuals, and international human rights organizations. Critics noted that it replaced the ICT Act but preserved contentious provisions, such as Section 57, which had been widely misused.
The situation reached a crisis point in 2021 when writer Mushtaq Ahmed died in custody after being detained under the DSA, triggering public outrage and renewed calls for the law's repeal. Despite assurances from then-Law Minister Anisul Huq to curb misuse, arrests continued unabated.
In March 2023, a journalist's early-morning arrest under the Act reignited the debate and sparked fresh demands for repeal. Reporters Without Borders (RSF) condemned the government's actions, urging an end to media repression. UN High Commissioner for Human Rights Volker Türk also demanded an immediate halt to the Act's use and called for reforms to align with global human rights standards.
In response to mounting pressure, the government rebranded the Digital Security Act as the Cyber Security Act, passing it in parliament in September 2023. However, the renamed law retained sweeping powers, such as Section 42, which allowed warrantless arrests, drawing further criticism.
Since the Awami League government's fall in August, calls for legal reforms have intensified. ICT Advisor Nahid Islam confirmed on Monday that the Cyber Security Act would be repealed within a week, with all pending cases dismissed. He emphasized that laws restricting freedom of expression are under review.
A Centre for Governance Studies (CGS) report found that around 60% of Digital Security Act cases were initiated by law enforcement or pro-government entities. Between October 2018 and September 2023, at least 4,520 individuals were charged in 1,436 cases. The study, titled "The Ordeal: Five Years of the Digital Security Act," revealed that political repression was a primary misuse of the law, noting a significant rise in the arrest of politicians, particularly before the January 7 national election.
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