Bangladesh is changing the controversial Digital Security Act. But how much?

After years of domestic and international criticism, the Bangladesh government has cleared a proposal to amend the controversial Digital Security Act.

For a start, the very name of the law is being changed to the Cyber Security Act.

Most of the provisions of the Digital Security Act will be carried over into the new law. However, major changes are brought about in several contentious sections.

In some cases, jail terms are being reduced in the most controversial clauses.

Some of the non-bailable sections have been made bailable.

In defamation cases, only the provision of fine will be in the new law.

There will be no jail term for defamation.

The sentence for hurting religious sentiments will be reduced.

Many sections of the Digital Security Act, which stipulated doubling the punishment for the same offences committed for a second time, have been abolished in the new law.

Prime Minister Sheikh Hasina presided over the cabinet meeting at her office on Monday and

The cabinet approved the draft of the new law in principle in a meeting chaired by Prime Minister Sheikh Hasina in her office on Monday.

Now the draft law will again go to the cabinet for final approval after vetting by the law ministry.

Law Minister Anisul Huq told reporters that the new law would be passed in the next parliament session in September following completion of all the necessary work in the due process.

He said that the trial of the cases filed earlier under the Digital Security Act will continue under the old law after the passage of the new one.

The law minister recently said in parliament that the number of cases under the Digital Security Act till Jan 31 was 7,001.On Monday, he said: "The Act has been renamed the Cyber Security Act to properly assess digital progress."“The most significant aspect of this law is the provisions for cyber security which have been kept intact.”

In response to a question, Anisul said there is no separate provision for the media in the new law.And once the new law comes into effect, he thinks that "harassment of journalists and abuse of the law" will stop.

Cabinet Secretary Mahbub Hossain said a National Cyber Security Agency would be the supervisory agency under the Cyber Security Act, just like the Digital Security Agency under the old law.Its powers and responsibilities shall be determined through schedules of the law.

The old law focused more on jail terms as punishment, but the new law will reduce the sentences and in some cases, increase fines, Mahbub said.

DEFAMATION

Anisul said section 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,” the minister said.

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.”

HURTING RELIGIOUS SENTIMENTS

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.”

SOILING THE IMAGE OF THE COUNTRY

Section 21 of the Act states the punishment for making any kind of propaganda or campaign against the Liberation War, the spirit of the Liberation War, the father of the nation, the national anthem or the national flag.

“(1) If any person, by means of digital medium, makes or instigates to make any propaganda or campaign against the liberation war of Bangladesh, spirit of the liberation war, father of the nation, national anthem or national flag, 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 10 (ten) years, or with fine not exceeding Taka 1 (one) crore, or with both.

“(3) If any person commits the offence referred to in sub-section (1) for the second time or repeatedly, he shall be punished with imprisonment for life, or with fine of Taka 3 (three) crore, or with both.”

Now the maximum jail term will be reduced to seven years.

DAMAGING COMMUNAL HARMONY

Section 31 of the law states the offence and punishment for deteriorating law and order.

“(1) If any person intentionally publishes or transmits anything in website or digital layout that creates enmity, hatred or hostility among different classes or communities of the society, or destroys communal harmony, or creates unrest or disorder, or deteriorates or advances to deteriorate the law and order situation, 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 7 (seven) years, or with fine not exceeding Taka 5 (five) lac, or with both.

“(3) If any person commits the offence referred to in sub-section (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 10 (ten) lac, or with both.”

Anisul said the maximum jail term under this section has been reduced to five years from seven and the extra punishment for second time offenders has also been abolished.

BREACHING STATE SECRECY

Section 32 of the law states offence and punishment for breaching secrecy of the government.

“(1) If any person commits or abets to commit an offence under the Official Secrets Act, 1923 (Act No. XIX of 1923) by means of computer, digital device, computer network, digital network or any other digital means, he shall be punished with imprisonment for a term not exceeding 14 (fourteen) years, or with fine not exceeding Taka 25 (twenty five) lac, or with both.

“(2) If any person commits the offence referred to in sub-section (1) for the second time or repeatedly, he shall be punished with imprisonment for life, or with fine not exceeding Taka 1 (one) crore, or with both.”

The law minister said the maximum punishment under this section has been halved to seven years. Life term punishment for a repetition of the offence has been abolished in the draft.