Dhaka, 27 July 2020: Expressing concern over widespread misuse and indiscriminate implementation of the Digital Security Act (DSA) during the Covid-19 pandemic; lawyers, journalists, academics, and human rights activists have called for the repeal of the Act. They called on human rights organizations, including the Parliament, the Supreme Court of Bangladesh, the National Human Rights Commission, the Law Commission, and the Bangladesh Bar Council, to take institutional initiatives in this regard. Concerns were made regarding keeping someone in jail for expressing opinions that not only infringes their right of expression but also basic human rights by being put in custody during this time of pandemic when prisons are at overcapacity in Bangladesh. The accused are not a threat to society or criminals, but mere individuals expressing their right to free speech in a democracy. As a party to the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights in recognition of the Universal Declaration of Human Rights, it is in the interest of Bangladeshi authorities, that the participants have called the immediate bail of those accused under DSA since the pandemic.
These discussions and request came up in the online video conference titled ‘Digital Security Act: Threats to Democracy and the Rule of Law,’ organized by the international human rights organization ARTICLE 19. Human rights activists, journalists, lawyers, and media experts from the United States, France, Australia, and Bangladesh participated in the event, which was held on July 26, 2020, at 8 pm Bangladesh time. Participants included Professor Dr. Ali Riaz, Department of Politics and Government, Illinois State University, USA; Barrister Sara Hossain, Honorary Executive Director of BLAST and Advocate Supreme Court of Bangladesh; Barrister Jyotirmoy Barua, Advocate Supreme Court of Bangladesh and Mizanur Rahman Khan, Joint Editor, the Daily Prothom Alo. The event was facilitated by Faruq Faisel, Regional Director of ARTICLE 19 Bangladesh and South Asia. Discussions not only included DSA and how to promote a better civic space but also aspects of the 113 cases filed from January to June this year under the DSA were also presented.
During the panel discussion , Professor Ali Riaz voiced concern about the many aspects of the DSA which leaves room for misinterpretation, leading to misuse of the law. He said “When both the rule of law and democracy is restricted, it is natural for laws to become oppressive and be used indiscriminately. Bangladesh is in the crux of transformation and it is important it leads towards an open system and transparency.” As a result, the authorities must make sure DSA is compliant with the constitution ensuring fundamental freedoms. This law has put the entire criminal justice system of the country in great danger. If anyone goes to file a case under section 21 of this Act, it is impossible for any police station not to accept the case.
It is to be noted that section 21 provides for 10 years imprisonment or a fine of BDT 1 crore for insulting the liberation war, the spirit of the liberation war, the Father of the Nation, the national anthem, and the national flag.
Expressing disappointment over the lack of action by the responsible institutions for the discriminated implementation of the law, Sara Hossain said, “Despite so much criticism, the National Assembly has not taken any initiative to review the law.” Although the High Court has acted sou motu in many other matters, this has been an exception. The National Human Rights Commission is silent on human rights violations under the law during the pandemic. No action has been taken by the Bar Council on behalf of the aggrieved prisoners,” she said. She called for immediate bail of prisoners who are in custody under the law.
Mizanur Rahman Khan pointed out, the per capita income of the people of Bangladesh is around BDT 1.5 lakh a year. However, under the DSA, a fine of Tk 3 crore has been imposed for committing some offences for the second time. It will take more than 200 years for a person to earn and pay off this amount of money. This Act prescribes more punishment for misuse of expression than the penalty for aggravated crimes in other laws. If the same crime is committed through offline means rather than online, the punishment is less, which is contrary to the concept of Digital Bangladesh. He voiced concern regarding defamation being considered a criminal offence.
Noting that a culture of fear has been created through the DSA, Jyotirmoy Barua said, “In the current situation, many teachers see this law as a psychological barrier to online teaching. This fear is not unfounded in the way teachers and students of various educational institutions are being sued under this law due to online expression of opinion.” All aspects of this law relating to security can be addressed through amendments to the 2006 Information and Communication Technology Act. That requires political will.”
