Cyber Security Act: It won’t be much different from DSA
Though the government claims it is making the DSA more flexible by changing it into the Cyber Security Act, the changes are very nominal, speakers said at a webinar yesterday.
"One thing is evident – the DSA correction will only be ceremonial. The CSA [Cyber Security Act] is just a replication," Dr Ali Riaz, a distinguished professor at Illinois State University, told the webinar, organised by Centre for Governance Studies (CGS).
"The problem with the replication of the DSA is that it gives institutions like law enforcement agencies too much power, making them act like the government instead of a part of the neutral state."
The Digital Security Act allowed the police to take preemptive measures against any individual they thought was conspiring against the state or would commit violations of the law before any case was filed, Riaz said, adding, "The CSA draft retains the same [allowance of power to law enforcers].
Some speakers pointed out that the United Kingdom will be passing its Digital Safety Act this September -- three years after the proposal, showing that intensive research was done for the law.
Meanwhile, the Bangladesh government has only given citizens 14 days to submit their opinions about the CSA.
Many also questioned why prosecutions under the DSA are being continued even after it was established that the law has been abused and misused.
Faruq Faisal, regional director of Bangladesh and South Asia chapter of Article 19, stated that anytime they tried to talk about the criminalisation of defamation as allowed by the DSA, the government pointed to the constitution to validate it, saying the constitution cannot be changed.
"However, the constitution itself has seen amendments in the past."
Nurul Kabir, editor of the daily New Age, said the government is providing fabricated statements of "meeting international standards" of digital security through the DSA.
"The new law [CSA] is only here to alleviate the bad reputation of the DSA, while continuing to deceive ordinary citizens."
Asif Bin Ali, lecturer and researcher at North South University, stated that every country needs a formal structure and framework of a digital security law to protect citizens from cyber scams and harassment. "But the problem arose when lawmakers started considering criticisms against the government as a crime."
Rozyna Begum, researcher and human rights activist, said that section 5 of both the DSA and CSA allows the government to censor anything unethical.
"Only the judiciary has the kind of power to sensor anything."
Zillur Rahman, executive director of CGS, concluded the session by stating that "democracy should come first".
"The developed world has such digital security acts but Bangladesh still needs to follow their international standards."
He added, "Other countries' acts protect their citizens, whereas in Bangladesh, citizens are neglected and oppressed with the DSA. The new Cyber Security Act is here just as an eyewash. It is only possible to establish good governance once the judicial system works independently and law enforcement agencies rid themselves of political influence."
Speakers called the drafting of the CSA a repeat of history, as the DSA had come into effect when criticisms arose about section 57 of the ICT Act.
The DSA continued to be equally repressive and now, the CSA does not promise anything different, they opined.
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