Journalists' concern to be considered

The parliamentary standing committee on post, telecom and ICT would consider any concerns journalists may have over the Digital Security Act, 2018.

The parliamentary watchdog also said it would sit with the Editors' Council, an organisation of editors of the country's national dailies, Bangladesh Federal Union of Journalists, and the owners of private television channels so that they can express their concerns, if any, before the committee over the proposed law.

“The committee will sit with journalists any day after May 20 to hear their concerns. We will consider their worries, if they can convince us [about their concerns]. The committee will also try to convince them that there is nothing to be worried about in the Act,” Imran Ahmed, chief of the committee, told reporters after a meeting at the Jatiya Sangsad Bhaban.

Imran, also a ruling Awami League MP from Sylhet-4 [Jaintapur], said they did not want the proposed law to create any problems for anyone.

A release of the Parliament Secretariat on the meeting says the committee has decided to bring necessary amendments to the proposed law and update it following discussion with the stakeholders. 

Asked about the possible date of discussion with the three journalists' bodies, Imran said the committee members would go to the USA next month to witness the launch of Bangabandhu Satellite likely on May 4.

Besides, Law Minister Anisul Huq and Post, Telecom and ICT Minister Mustafa Jabbar were scheduled to go abroad in mid-May, he added.

“That is why we are planning to sit with them any day after May 20,” he said.

Asked if the committee yesterday discussed the law in details, Imran said they had just gone through the bill in general.

“The committee members need to study the bill. That is why elaborate study on the proposed law has yet to start,” he said, adding, the committee wants to hear from the journalists verbally and in written before bringing any changes to the bill.

The law and the post, telecom and ICT ministers yesterday attended the meeting on request.

Earlier on April 19, Anisul Huq at a meeting assured the Editors' Council of removing loopholes and vagueness in the digital security act through arranging talks between the editors and the parliamentary standing committee concerned.

The minister had also said the concerns raised by the Editors' Council over some sections of the law were largely logical.

The Editors' Council had expressed grave concerns over sections 21, 25, 28, 31, 32 and 43 of the proposed law. They said those sections would greatly hamper freedom of speech and independent journalism.

At that meeting Editors' Council General Secretary and The Daily Star Editor and Publisher Mahfuz Anam had said there were some sections in the proposed law, in particular sections 21, 25, 28, 31, 32 and 43, which would go against the freedom of speech and independent journalism.

He said since cybercrimes were being committed using social media and uncontrolled online media to a large extent, they strongly believed a cybersecurity law was very much necessary.

“Therefore, we want such a law that will truly resist cybercrimes. We want a fair law, which will serve its purpose. But it will not reduce freedom of the press.”

The much-debated Digital Security Bill, 2018 was placed in parliament on April 9 amid growing concerns from journalists and rights activists that freedom of the press and expression would be put to the sword.

They also observed that there would be every chance of the proposed law being misused against people's right to express, especially due to inclusion of controversial section 57 of the ICT Act and some strict provisions in the digital security act.

The government on several occasions said section 57 of the ICT Act would be removed. The section deals with defamation, hurting religious sentiments, causing deterioration of law and order, and instigation against any persons or organisations by publishing or transmitting any materials in websites or in electronic form. It stipulates maximum 14 years in prison for the offences.

The Digital Security Bill, 2018 splits these offences into four separate sections (21, 25, 28 and 29) with punishment ranging from three to 10 years in prison.

WHAT SECTIONS 21,25, 28, 31, 32 and 43 SAY

Section 21 of the proposed law says anyone spreading negative propaganda against the Liberation War or the Father of the Nation, using digital devices or instigating to do so, will risk being sentenced up to 14 years in jail or a fine of up to Tk 1 crore or both.

He or she will face up to life sentence or Tk 3 crore in fine or both for committing the offence for the second time, it says.

Section 25 says a person may face up to three years in jail or Tk 3 lakh in fine or both if they are found to have deliberately published or broadcast in a website or electronic form something which is attacking or intimidating or which can make someone dishonest or disgruntled; knowingly publish or broadcast false and distorted (full or partial) information to annoy or humiliate someone; knowingly publish or broadcast false and distorted (full or partial) information to tarnish the image of the state or to spread rumours.

Second-time offenders will face up to five years in jail or Tk 10 lakh fine or both.

Section 28 says a person may face up to seven years in jail or Tk 10 lakh in fine or both if he or she is found to have deliberately published or broadcast something in website or in electronic form or gets it done to hurt one's religious sentiment and values.

A person will face up to 10 years in jail or Tk 20 lakh or both for committing the offence for the second time.

Section 31 says a person may face up to seven years in jail or Tk 5 lakh in fine or both if they are found to have deliberately published or broadcast something in website or in electronic form which can spread hatred and create enmity among different groups and communities and can cause deterioration of law and order.

Second-time offenders can be punished with up to 10 years in jail or Tk 10 lakh in fine or both.

According to section 32 of the proposed law, a person may face up to 14 years in jail or Tk 25 lakh in fine or both on charges of computer spying or digital spying if he or she illegally enters the offices of the government, semi-government, autonomous or statutory bodies and collects or preserves or sends any top secret or secret documents through a computer, digital device, computer network, digital network or any electronic form and helps others to do that.

He or she will face up to life sentence or Tk 1 crore in fine or both for committing the crimes for the second time.

A person may face up to 14 years in jail or Tk 1 crore or both for hacking, section 34 of the bill says.

As per section 43 of the draft law, a police official can search or arrest anyone without a warrant issued by a court.

If a police officer believes that an offence under the proposed law has been committed in a certain place or is being committed, or there is a possibility of crimes, or there is a possibility of destroying evidence, he or she can search the place or any person present there.