Cyber security and the Human Rights | Examining Bangladesh’s Digital Landscape | Best Post

Cyber security and the Human Rights | Examining Bangladesh’s Digital Landscape | Best Post, Cyber security and the Human Rights Dilemma: Examining Bangladesh’s Digital Landscape ,

Course Name: Human Rights and Political Violence

In the rapidly evolving landscape of the digital age, the intersection of cybersecurity and human rights is a topic of critical importance. Bangladesh, like many countries, has experienced substantial growth in its digital infrastructure and connectivity. While these developments have opened up opportunities for economic and social progress, they have also given rise to complex challenges, especially concerning the protection of individual human rights. This assignment delves into the state of cybersecurity and human rights in Bangladesh, with a specific focus on how certain cybersecurity practices may infringe upon fundamental human rights.

The current Digital Security Act (2018) entails imprisonment for offences such as publishing defamatory information against someone. The government has decided to replace the heavily criticized Digital Security Act 2018 with an upgraded Cyber Security Act 2023 with amendments to some sections of the existing law and the addition of new penalties for hacking- related offences.

Ahead of the 2018 national elections, the Digital Security Act was passed in Parliament to replace the criticized Information and Communication Technology Act. This time also the same initiative was seen before the national elections. Naturally, the media will play an important role in whether the upcoming parliamentary elections are fair or not. It is therefore natural for the media to be concerned about whether the newly passed cyber security laws will pose a threat to the collection and publication of accurate information. In this situation, the government must

ensure that the Cyber Security Act, which replaces the Digital Security Act, is not used to suppress dissent and curb free expression. There is still a need to reform the law for this purpose. Otherwise, whatever the name of the law, the threat of harassment will remain.

About ‘Cyber Security Act (CSA), 2023’

Cyber Security Act “is largely a replication of the [law that preceded it and retains repressive features which have been used to threaten and restrict the rights to freedom of expression, privacy and liberty in Bangladesh,” Nadia Rahman, Amnesty International’s interim deputy regional director for South Asia, said in a statement released by the organization. “Its various overbroad provisions fail to meet the requirements of legality, necessity, and proportionality, and are therefore incompatible with international human rights law.”

In the last few years, over 2,000 cases were booked under the older law — called the Digital Security Act (DSA) — with authors, social activists, journalists, and even minors being arrested. In February, Poritosh Sarkar was sentenced to five years in prison under DSA after being accused of hurting religious sentiments because of a Facebook post he made as a teenager. He reportedly spent eight months in solitary confinement in pre-trial detention in 2021, when he was a 10th grader. Over 83% of cases filed under DSA that year involved social media posts shared across Facebook, YouTube, TikTok, and Likee. (Sengupta, D.M. et al. (2023) Bangladesh revised a digital security law. is it really less severe?, Rest of World )

On September 13, 2023, the Bangladesh parliament passed the new Cyber Security Act 2023 (CSA), which aims to prevent cybercrime and the spread of false information. Just over a month earlier, on August 7, the cabinet of the Bangladesh government decided to scrap the controversial Digital Security Act, 2018 (DSA) and replace it with the proposed CSA. (Bangladesh: Government Must Remove Draconian Provisions From the Draft Cyber Security Act, 2023)

Human Rights Violation in Digital security act of Bangladesh

Cybersecurity threats can have significant human rights implications in Bangladesh. The implementation of the Digital Security Act (DSA) in Bangladesh has generated considerable controversy. The DSA has been criticized for its potential to suppress freedom of expression and infringe upon privacy rights.

Freedom of Expression:

One of the key human rights affected by cybersecurity threats in Bangladesh is freedom of expression. The government has been criticized for its efforts to control and limit online expression through the Digital Security Act, which has been used to suppress dissent and silence critics. Recent cases, such as those of journalists and bloggers arrested for their online activities, highlight the chilling effect on freedom of expression in Bangladesh.

• Section 8: This section deals with the offense of publishing or transmitting any material in electronic form that may “deprave and corrupt” the moral character of the people. The vague wording of this provision can be used to curtail freedom of expression by censoring content that authorities find objectionable, leading to a violation of the right to freedom of expression.
• Section 21: This section pertains to the offense of publishing or transmitting fake, obscene, or defamatory information. The broad language allows authorities to target individuals based on their interpretation, potentially infringing on the right to freedom of expression and due process.
• Section 25: This section grants the government broad powers to issue directions for the removal of information from digital platforms or the blocking of websites. Such powers can be used to censor content and infringe on freedom of expression.

Human Rights and Political Violence

Privacy

Cyber threats, including data breaches and government surveillance, have raised concerns about the right to privacy in Bangladesh. The collection and misuse of personal data, often without

consent, have been reported. The infamous incident involving the breach of the Bangladesh Bank in 2016, where cyber criminals stole millions of dollars, underscores the severity of privacy breaches and their implications for both individuals and the financial sector.

• Section 28: This section allows law enforcement agencies to arrest and search individuals without a warrant, which can be used to stifle dissent and violate individuals’ rights to privacy and freedom from arbitrary arrest.
• Section 31: This section allows for the interception of electronic communication without appropriate safeguards, potentially infringing on the right to privacy.

Freedom of Association and Assembly:

Cyber threats can deter citizens from participating in online discussions and organizing social or political gatherings, thereby infringing on the right to freedom of association and assembly. Reports of online harassment, doxing, and cyberbullying against activists and dissidents have created a hostile environment, discouraging open participation and association. (Garcia, Luis, “Human Rights and Cybersecurity,” in Human Rights in the Digital Age, eds. Adams, Sarah and Martinez, Juan, 2020, pp. 125-140).

Chilling Effect on Free Speech:

• Section 29: This section provides for the imposition of heavy penalties and imprisonment for offenses under the act, including imprisonment for online activities. These penalties can have a chilling effect on free speech and deter individuals from expressing their opinions online.

Vague and Over broad Provisions:

The act contains vague and overbroad provisions, which can lead to arbitrary arrests and prosecutions. Its ambiguous language allows for wide interpretations, making it easier to misuse against individuals or organizations.

Lack of Accountability:

There are concerns about the lack of transparency and accountability in how the act is enforced. Critics argue that the act allows authorities to conduct investigations and make arrests without sufficient oversight.

• Section 32: This section grants immunity to government officials for actions taken under this act, making it difficult to hold them accountable for potential abuses.

Cyber Security Act (2023) vs Digital Security Act (2018)

Only Change in name, not in content?

Transparency International Bangladesh has rejected the cabinet-approved Cyber Security Act, 2023 and said freedom of expression and independent journalism will still be at risk. Cyber Security Act-2023 includes controversial sections of the controversial “Digital Security Act- 2018”, although some changes have been made in terms of punishment and non-bailable clauses, TIB experts said. a person will face legal harassment if he publishes opinions and information through digital media. (Miller, Kevin, “Cybersecurity Legislation in Bangladesh,” in Cybersecurity and Legal Frameworks, eds. Smith, John and Wilson, Mary, 2019, pp. 87-102).

However, The DSA underscores quite a wide range of offences as cognisable and non- bailable, which is one of the most widely criticised features of the Act. In the CSA, the main differences are that some non-bailable offences under the DSA have been made bailable— punishments for some offences have been reduced— fines have been increased—and the provision for additional punishment for repeated offences has been omitted.

For propaganda against the spirit of Liberation War, the penalty in DSA was 10 years of imprisonment where it became 7 years in CSA. For Defamation in the context of news coverage three years imprisonment penalty was in DSA which is now maximum 25 lakh TK fine or 6 months jail in default of payment. (The Government of Bangladesh quietly passed the New Cyber Security Act 2023)

The elements of the law, such as the right to freedom of expression, freedom of speech, conscience, thought and media, remain in effect similar to the Digital Security Act. So it’s not unreasonable to think that this, like its predecessor, is going to become a restrictive law.

Analyzing the Cyber Security and Human Rights Dilemma of Bangladesh with recent cases First the ‘lift’, then the case

Recently, before filing a case under this law, the accused person was first taken away in the presence of law enforcement officers in plain clothes. Then there is no trace of him for a long time. Later, the accused was shown arrested in the Digital Security Act case.

In most cases, the accused has been arrested late at night or in the middle of the road. Human rights activists have compared such incidents to midnight arrests during the pre-independence period and even during the military regime of the 1990s.

The same pattern has been seen in the detention and arrest of the latest Prothom Alo journalist. No exception was made in the case of accused women. On March 22, 2023, RAB arrested a female land employee from Naogaon in the middle of the road. The woman died two days later while undergoing treatment in the hospital in RAB custody. The day after her death, the woman was charged under the Digital Security Act.

But taking someone like this before the case is against the Bangladesh Torture and Death in Custody (Prevention) Act, 2013.

However, the media and human rights activists have expressed deep concern about the misuse of the law in a series of cases of earlier withdrawals and later prosecutions.

Law Minister Anisul Haque said that the police have been instructed that no one can be arrested if a case is filed under the Digital Security Act. After filing the case, investigation will be done and then arrest can be made. But the recent case on Digital Security Act has not seen any reflection of his statement. (BBC, 2023)

A case is filed when question arises against the government

According to the calculations given by Article Nineteen, 670 cases have been filed under the Digital Security Act from October 2018 to February this year, from the date this law came into effect.

1136 people have been accused in it. Among them, 404 people have been arrested. 110 cases have been filed against journalists. In which 223 people have been accused. 54 journalists were arrested.

Out of this, 40% of the cases have been based on allegations of insults against the Prime Minister, the Prime Minister’s family, ministers, Jubo League, Chhatra League and other party leaders and activists at various levels.

In most cases, the main target is Facebook users if not journalists. In addition, the organization’s survey revealed that the law is being misused even when accused of defaming the image, spreading rumors or criticizing the government.

Violation of constitution and human rights

Because of this law, Bangladeshi people’s freedom of speech and right to know information will be disturbed, Transparency International Bangladesh requested not to pass the law. The organization stated that most of the provisions of the law are against the basic principles of the country’s constitution

From the beginning, the editors’ council and the journalists’ union have been objecting to several sections of the law due to the same fear. It is in this objection that one of the most talked about events of 2020 took place.

In May of that year, cartoonist Ahmed Kabir Kishore and writer Mushtaq Ahmed were arrested under the Digital Security Act. They were accused of spreading rumors about the coronavirus and the government through social media.

Among them, writer Mushtaq Ahmed died in February 2021 while being detained in Kashimpur Jail. It should be noted that the offenses committed under section 14 of this Act are non-bailable. Because of this, writer Mushtaq Ahmed, who was detained for nine months, did not get bail even after applying for bail six times until his death. (BBC, 2023)

In that incident there was a storm of strong criticism and protest across the country. At that time, the Law Minister assured to correct these objections by claiming them as logical, but till date there has been no change.

Abuse of the law continues

Abuse of the law continues today with no real reflection on repeated assurances, violating the legal and constitutional protections the accused are entitled to, rights activists said.

Last few days ago, a case was filed against another journalist under the Digital Security Act in Chittagong for publishing an investigative report on Bangladesh Railway’s corruption, land grabbing and tender trading.

Human Rights activist said, “If this situation continues, no citizen of the country will be safe. The rights granted to citizens by the Constitution will continue to be violated. Various countries and organizations have made statements about the misuse of this law. The government says it doesn’t matter. But they are shameful for the country.”

If any citizen of Bangladesh, sitting in Bangladesh or any country in the world, violates any section of the Digital Security Act, then only he can be prosecuted under this Act.

This act is tried in a special tribunal. The case has to be disposed of within 180 working days of the complaint. However, if it is not possible to do it within this time, it can be extended up to a maximum of 90 working days.

Meanwhile, in relation to filing a case against the journalist and editor of Prothom Alo. Farooq Faisal said, usually there is a procedure to take action against any media news if there are any errors. First of all, whoever will be offended by that news or who will be affected will send a protest letter through that news media. The press will publish that protest and give its own explanation or apologize if it got it wrong. Again there is an opportunity to complain to the Press Council. But in recent events, nothing has been accepted by him. In this regard, Farooq Faisal said, “Even when Bangladesh was not independent, there was no such torture on journalists. What is happening now is black law.”

Conclusion

After the act(CSA) was passed , the U.S. Embassy in Bangladesh put out an official notice observing that “the new legislation continues to criminalize freedom of expression, retains non-bailable offenses, and too easily could be misused to arrest, detain, and silence critics.” “We regret that the Government of Bangladesh did not give stakeholders adequate opportunity to review and provide input to the new law to ensure it meets international standards”. (U.S. Embassy Statement on the Passage of the Cyber Security Act, 2023)

The new cyber security act is not less than the previous ‘Draconian’ ,DSA 2018. International activists commented it as “old wine in a new bottle” that indicates the new act as a draconian law made more ‘efficient’ .

The now-repealed DSA included harsh, unreasonable, and illegal punishment provisions; nevertheless, the CSA minimised excessive penalties and boosted bailable crimes. In reality, the proposed CSA will not aid accused criminals to lessen sentences or increase the number of offences that are eligible for bail since, once a case has been filed, the bailable clause is added to the non-bailable clause, which not only is against the rule of law but also gives rise to fear, intimidation, and panic in citizens. Under the proposed CSA, no new judicial system has been established, and the authority has been given to the Cyber Tribunal that was established under the ICT Act. (“Cyber Security Act to Replace DSA With No Jail for Defamation,” 2023)

The government should have emphasised the significance of adopting modern communication technology in Bangladesh’s defamation legislation and the emergence of civil defamation in democracies. The state must protect freedom, human dignity, and reputation without compromising individual rights.

References

Sengupta, D.M. et al. (2023) Bangladesh revised a digital security law. is it really less severe?, Rest of World. Available at: https://restofworld.org/2023/south-asia-newsletter- bangladesh-cyber-security-act/ .

The Government of Bangladesh quietly passed the New Cyber Security Act 2023 (2023) Global Voices. Available at: https://globalvoices.org/2023/09/19/the-government-of-bangladesh- quietly-passed-the-new-cyber-security-act-2023/ (Accessed: 31 October 2023).

Hammadi, S. (2023) We don’t want more people in jail for their posts on the internet, The Daily Star. Available at: https://www.thedailystar.net/opinion/views/news/we-dont-want-more- people-jail-their-posts-the-internet-3391196

Jones, Laura, “Digital Revolution in Bangladesh,” Digital Insights, www.digitalinsights.com/bangladesh-digital-transformation

Miller, Kevin, “Cybersecurity Legislation in Bangladesh,” in Cybersecurity and Legal Frameworks, eds. Smith, John and Wilson, Mary, 2019, pp. 87-102.

Garcia, Luis, “Human Rights and Cybersecurity,” in Human Rights in the Digital Age, eds.

Adams, Sarah and Martinez, Juan, 2020, pp. 125-140).

The Digital Security Act, 2018 and its implication for human rights: CGS (no date) Bay of Bengal Conversation. Available at: https://cgs-bd.com/article/13441/The-Digital- Security-Act%2C-2018-and-Its-Implication-for-Human-Rights (Accessed: 31 October 2023).

অবিলম্বে বিজিটাল বিরাপত্তা	আইি	স্থবিম্বের আহ্বাি	িাবেসংম্বের                মািিাবিকারবিষয়ক
হাইকবমশিাম্বরর.	(2023,	March	31).                প্রথম              আম্বলা.

বিজিটাল বিরাপত্তা আইি: অপিযিহাম্বরর অবিম্বhাি অম্বিক, সংম্বশািম্বির আশ্বাস িার িার. (2023, March 31). BBC. https://www.bbc.com/bengali/articles/cy9j0d8e5qpo

UNB, D. (2023) Tib rejects cabinet-nodded cyber security act-2023, The Daily Star. Available at: https://www.thedailystar.net/law-our-rights/news/tib-rejects-cabinet-nodded-cyber- security-act-2023-3407086 (Accessed: 31 October 2023).

U.S. Embassy Statement on the Passage of the Cyber Security Act. (2023, September 14). U.S. Embassy in Bangladesh. Retrieved October 30, 2023, from https://bd.usembassy.gov/30390

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