Journalists and politicians have been sued incessantly under the Digital Security Act.  At least 25 percent cases were filed against journalists while 41 percent filed against politicians under this Act.

In a study report it was found that most of the cases have been filed under two sections--25 and 29-- of the Act.

It was revealed at an online discussion programme organised by the Centre for Governance Studies (CGS) on Saturday.

Ali Riaz, a distinguished professor in the Department of Politics and Government at Illinois State University in the United States, also President of the American Institute of Bangladesh Studies, presented a keynote paper at the meeting titled "Endless Nightmares: The Digital Security Act."

CGS executive director Zillur Rahman conducted the programme saying that they have conducted the study from January 1 in 2019 to February 22 this year.

According to the research data, a total of 2,244 people of different classes and professions have been sued under this Act during this period. Of these, cases have been filed

against 890 people while 842 people were detained. On an average, 86 people have been made accused and 32 charged with cases while 34 were arrested per month.

The study which looked at 26 months found that filing of cases and arrests were increased in the next nine months compared to the first 16 months of implementation of the law.

In two sections under which most of the cases were filed are as follows:

Section 25 says "If any person, through any website or any other digital medium, (a) intentionally or knowingly transmits, publishes or propagates any data-information which he knows to be offensive, false or threatening in order to annoy, insult, humiliate or malign a person; or (b) publishes or propagates or abets to publish or propagate any information, as a whole or partly, which he knows to be propaganda or false, with an intention to affect the image or reputation of the country, or to spread confusion, then such act of the person shall be an offence."

Section 29 reads "If any person publishes or transmits any defamatory information as described in section 499 of the Penal Code (Act XLV of 1860) in website or in any other electronic format."

The court can give 5 years imprisonment and fine Tk 3-10 lakh to the person who will commit offence under these two sections.

Among the total 890 cases, Rapid Action Battalion (RAB) filed 19 cases, police 87, other law enforcement agencies 5, the ruling party and it's affiliated 206, government officials 43, private employees 30, NGO and activists 5, businessmen 14, educators 18, journalists 25, legal practitioners 22, others 21, students 13, and 382 people whose identity could not be ascertained, the study report said.

The study also stated that among the accused, 207 were journalists, 41 educators, 10 NGO & activists, 254 politicians, 79 students, 32 government employees, 53 private employees, 79 businessmen, 21 legal practitioners, 8 religious leaders, 36 from other professions, 1424 of whom profession was not found.

The number of cases, accused and arrests are increasing as compared to 2020 and 2021, according to the study.

Ali Riaz said there are several major aspects of the Digital Security Act enacted in 2018.

Those are--- the law enforcement agencies have been given unlimited power and there is no system to monitor or hold them accountable; the Act identifies offences in a way that is very unclear and allows for different interpretations and anyone can sue any person under this Act which is a big threat to the rule of law and the judiciary.

Because of those, a large number of people are being accused and detained in cases under this Act. The accused are facing long imprisonment before the commencement of the trial as most sections of this Act are non-bailable. Participants in the webinar strongly demanded for stopping the misuse of the Act and its amendment.

With Centre for Governance Studies Chairman Manzoor Ahmed Chowdhury in the chair, former Election Commissioner Brigadier General (Retd) M Sakhawat Hossain, Shushashoner Jonno Nagorik (Shujan) Secretary Badiul Alam Majumder and Supreme Court Lawyer Barrister Tania Amir took part in the discussion.

News Courtesy:

https://www.observerbd.com/news.php?id=363142