Digital Security Bill 2018 presented in parliament

A draft of the Digital Security Bill 2018, which replaces the controversial Section 57 of the ICT Act, has been presented in parliament.

Telecom and ICT Minister Mustafa Jabbar presented the bill in parliament on Monday.  

The proposed bill has been sent to the parliamentary standing committee on Telecom and ICT Ministry for scrutiny.

The proposed bill would abolish section 54, 56, 57 and 66 of ICT Act 2006 once implemented.

However, cases, measures or actions taken in any tribunal under the ICT Act will continue under the previous law.

Section 57 of the 2006 Act stated if a person deliberately posts or broadcasts something online or on an other electronic medium which is false, false, indecent or causes moral devaluation when read, watched or heard, or something that defames anyone, diminishes law and order, tarnishes the image of a person or the country, offends religious sentiments, or instigate a person or a group will be considered in violation of the law.

The proposed Digital Security Bill states that a person or a group deliberately or knowingly publishes or broadcasts something offending religious values or sentiments may face up to 7 years of imprisonment or a Tk 1 million fine, or both.  

In cases of repeat offences the jail term will be 10 years and the fine Tk 2 million.

Once approved, the proposed bill will outline a maximum sentence of 14 years jail or 10 million Tk in fines, or both, to those committing offences such as hacking, spreading ‘false propaganda’ against the Liberation War, the spirit of the Liberation War, the Father of the Nation on in digital media or creating obstacle in computer or internet networks that hampers the national security or causes panic, and for spying using digital means.

A person may face up to 10 years jail or Tk 2 million in fines or both in case of offending ‘religious sentiment’ or ‘religious values’ through posts on the internet.

The bill drew flak from different quarters once it was approved by the cabinet. Journalists also criticised section 32 of the bill over concern it will hinder investigative reporting on corruption.

According to that section any act of entering illegally into a government, semi-government or autonomous organisation and secretly recording information and data through any electronic device will be considered as ‘spying’ and carries a maximum sentence of up to 14 years or TK 2 million in fines, or both.

Sections 17 to 38 of the bill present in parliament outlines the following offences and punishments

 >> One may face 7 years jail or 2.5 million Tk in fines, or both, for entering important information infrastructure illegally

 >> Intrusion into important information infrastructures and destruction or attempts to destroy information carry up to 14 years jail or 10 million Tk in fine, or both.  

>> The bill has a provision of 1 year jail or Tk 300,000 in fines or both in case of illegal entry to a computer or digital device.

>> A person may face up to 3 years jail or Tk 1 million in fines or both for assisting in illegal entry to a computer or digital device.

>> The new bill also includes a provision of 7 years in jail or Tk 1 million in fines or both if data, information, or its copies are illegally collected or transferred from  a computer or computer system.

>> A person may face 3 years in jail or a Tk 300,000 in fine in case of destroying or changing computer source code

 

>> Any person spreading ‘negative propaganda’ against the Liberation War, the spirit of the Liberation War or the Father of the Nation or assisting in its spread on digital media  may face 14 years jail or Tk 10 million in fines or both.

>> The bill includes provision of 5 years jail or Tk 500,000 in fines, or both, for any case of forgery or cheating using the digital or electronic medium.

>> A person will be considered a ‘cyber-criminal’ if they create a hindrance to the legal entry to any computer or internet network or assist in the process in order to create panic among people or to attack the integrity, security and sovereignty of the state and may face 14 years of jail or 10 million Tk in fine or both.

>> A person may face 7 years in jail or a Tk 1 million fine or both if they publish or broadcast something offensive to religious sentiments and values or make others to do so on a website or electronic medium

>> If a person commits a defamation offence on website or other electronic medium under section 499 of the Penal code, they will face up to 3 years jail or Tk 500,000 in fines or both.

>> A person who deliberately broadcasts or posts in an attempt to s pread enmity and hatred among a concerned class or community, deteriorates law and order or destroys communal harmony, or makes others do so on a website or digital medium may face up to 7 years jail or Tk 500,000 in fines or both.

>> The bill has a provision of 5 years jail or Tk 500,000 in fines or both in cases where anyone conducts an online transaction without legal authority using electronic or digital medium with any bank, insurance agency or other financial service providing organisation.

>> Any person sending ‘attacking’ or ‘frightening’ information through a website or other digital medium may face up to 3 years in jail or Tk 300,000 in fine or both.

>> Any act of recording, sending or preserving information, data from a government, semi-government, autonomous organisation or a statutory body through computer, digital device, digital network or any other electronic media or providing assistance to the act will be considered as ‘spying’ and may lead to a sentence of l up to 14 years in jail or Tk 2.5 million in fines, or both.

>> A person can get 14 years in jail or Tk 10 million in fines or both for hacking.

The proposed bill also says if a person commits such a crime in another country which would have been considered punishable under the bill if it was done in Bangladesh, the law will be applied in a way as if the crime has been committed in Bangladesh.

“We need safe and high-level use of information technology to implement ‘Vision 2021: Digital Bangladesh’ as announced by Prime Minister Sheikh Hasina. The broad use of information technology in the present world has led to misapplications alongside benefits, which has led to an increase in cyber-crime,” said Minister Mustafa Jabbar while explaining the objective of designing the bill.

“The main objective of the bill is to secure the state as well as people’s lives and assets from cyber and digital crime,” he added.

Opposition Jatiya Party member Fakhrul Imam objected before the bill was presented to the parliament.

“The information minister said section 57 of the ICT Act will be amended, which never happened; rather the new bill includes everything and adds section 32,” he said.

“Press freedom will be diminished due to section 32. It will be a hostile law destroying civilisation; our progress will be halted. This law shackles us and prevents us from moving forward,” he added. 

Fakhrul Imam demanded the addition of a ‘safety clause’ before placing the bill in the parliament according to a previous statement by the law minister. He said this clause should be added to save the journalists.

He also said the constitution mentions freedom of speech and the freedom of press and that nobody can be denied their basic rights in the name of ‘Digital Bangladesh.’

While criticising the inclusion of non-bailable clause in the bill, Fakhrul said it is a hindrance to the independence of judiciary. “This law talks of jail only; anybody can be harassed if they have a mobile phone in their pocket,” he said.  

Telecom and ICT Minister Mustafa Jabbar replied it was possible to amend or include any clause while the parliamentary standing committee was analysing the bill.

The bill was sent to the parliamentary committee to assess and submit a report on it.