Bangladesh making Digital Security Act to tackle cyber crimes

The government is bringing in a new law to tackle cyber crimes, with provisions for a maximum punishment of 14 years in jail for offenders.

Law Minister Anisul Huq told reporters on Sunday the government was formulating the Digital Security Act 2015, which he said would set at rest all controversies over Section 57 of the ICT Act.

“Cyber crimes will be the most significant offence in the coming days,” he said after a meeting with officials of his ministry over the draft of the new law.

The new law will also fix the minimum penalty considering the type of offence.

“The issues in Section 57 of the ICT Act that have caused concerns have been changed here (in the new law),” Huq said.

“Section 57 has been made clearer (in the new law).”

The law minister said the government was aware that the new law might trigger a fresh debate in the country.

“When the new law is passed, Sections 54, 55, 56, and 57 may be repealed [in the ICT Act] and taken within the purview of the new law to avoid duplication,” he said.

He also said the new law would not be ‘unjust’ for journalists.

Incidents of cyber crimes in Bangladesh have been rising with the increase in internet penetration.

The ICT Act addresses the issue, but has also attracted criticism, especially over Section 57, which critics say effectively muzzles freedom of speech and expression.

Section 57 of the law criminalises ‘publishing fake, obscene or defaming information in electronic form.’

An offence under this provision of the ICT Act is punishable by at least seven years in prison and 14 years’ imprisonment at the most. Fines imposed can go as high as Tk 10 million.

The law was passed in 2006 and amended twice in 2009 and 2013. In the latest amendment, offences under Section 57 were made non-bailable and the maximum penalty was extended to 14-year imprisonment.

State Minister for ICT Zunaid Ahmed Palak, who attended Sunday’s meeting, said the law would address the issues in a ‘clearer manner’.

“The offences stipulated in Section 57 of the ICT Act are defined more precisely in the new law,” he said.

“It also elaborates on Sections 54, 55, 56, and 57,” he said.

More discussions will be held before finalising the draft to avoid inconsistencies between the new law and the ICT Act, he said.

Palak said the bailability of the offences punishable under the new law would be decided upon later.

He said the law needed to be formulated because ICT is the most important issue now.

“Now someone does not need an atom bomb to destroy a country. Cyber attack can damage an entire country – financially, administratively – in every way,” he said.

The state minister said the law was necessary to protect people from false news or information.

Electronic transaction and e-commerce are expanding in Bangladesh fast, he said.

According to him, 30 percent of total transactions are made online now.

“We are passing the Digital Security Act in response to three issues – investigating the offences, collecting evidence and bringing the offenders to trial,” he said.

Palak said a ‘Cyber Emergency Response Team’ would be formed under the new law.

The state minister added the proposed law provided for the setting up of a digital forensic lab.