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Published : 07 Aug 2023, 02:09 PM
The government plans to eliminate jail terms for the publication and dissemination of defamatory content and punish offenders with fines capped at Tk 2.5 million.
However, anyone who fails to pay the fine can be jailed for a period of three to six months.
The changes will come in the amendments to the Digital Security Act, which will be renamed the Cyber Security Act, according to Law Minister Anisul Huq.
“The name of the Digital Security Act has been changed,” he said. “Its new name will be the Cyber Security Act. In addition, several of its sections will be changed as well.”
The updated law will include a section that specifies a punishment of 14 years in prison or a fine of Tk 10 million, or both for hacking.
Huq specified that the DSA is not being repealed, but amended.
The non-bailable clauses of the law will now be made bailable, the minister said.
A Cabinet meeting led by Prime Minister Sheikh Hasina approved a proposal in a meeting on Monday, Huq told the media.
“Article 29 has been completely abolished [in the draft]. The only punishment will be a fine, defaulting on which will lead to imprisonment for 3 to 6 months. A maximum fine of Tk 2.5 million can be imposed.”
"Jail terms have been lifted, but the offence is still on the books. There is no limit to the compensation a person can pursue under civil law. They can ask for Tk 1 billion in compensation. Through those calculations, we have set the maximum fine at Tk 2.5 million. Any minimum fine can be imposed, even Tk 1.”
Section 29 of the Digital Security Act states, “(1) 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, he shall be punished with imprisonment for a term not exceeding 3 (three) years, or with fine not exceeding Taka 5 (five) lac, or with both.”
“(2) If any person commits the offence referred to in subsection (1) for the second time or repeatedly, he shall be punished with imprisonment for a term not exceeding 5 (five) years, or with a fine not exceeding Taka 10 (ten) lac, or with both.”
The law minister also stated that the punishment under Section 28 of the Digital Security Act is being reduced to two years in the new law, the law minister said. The provision was also previously non-bailable, but will now be made bailable.
Section 28 states, “(1) If any person or group willingly or knowingly publishes or broadcasts or causes to publish or broadcast anything in website or any electronic format which hurts religious sentiment or values, with an intention to hurt or provoke the religious values or sentiments, then such act of the person shall be an offence.
(2) If any person commits an offence under sub-section (1), he shall be punished with imprisonment for a term not exceeding 5 (five) years, or with fine not exceeding Taka 10 (ten) lac, or with both.
(3) If any person commits the offence referred to in subsection (1) for the second time or repeatedly, he shall be punished with imprisonment for a term not exceeding 10 (ten) years, or with fine not exceeding Taka 20 (twenty) lac, or with both.”
The Cyber Security Act will be passed in the next session of parliament in September, according to the law minister.
