Section 57 to be scrapped

Govt finalises draft of Digital Security Act

The controversial Section 57 of the Information and Communication Technology (ICT) Act and some other sections of it will be revoked soon, two senior ministers said yesterday. Law minister Anisul Huq and Information minister Hasanul Haq Inu came up with this announcement after a meeting at the Secretariat yesterday afternoon. The ministers said that some sections including—Sections 54, 55, 56, 57 and 66—of the ICT Act would be annulled as the draft of the Digital Security Act is being finalised.

The law minister said that freedom of expression will be ensured under the Digital Security Act. The ICT Act's Section 57 will be deleted as it is already in the draft Digital Security Act, he added.

In response to a query, Anisul Huq said that freedom of expression would be kept under the Digital Security Act and the Broadcast Act for check and balance.

In response to another query, the law minister said that the draft Digital Security Act would be sent for the approval of the Prime Minister. "After finalising the act, we'll inform the media about the matter," he added.

Hasanul Haq Inu told reporters that they have decided to remove some sections, including Section 57 of the ICT Act, from the Digital Security Act. He also expressed optimism that the Digital Security Act, which would assist the government to maintain digital security across the country, would be placed in the next winter session of Parliament for passage.

According to meeting sources, by keeping the provision for bail, the Digital Security Act would be finalised with the aim to remove all controversies and ambiguities involving Section 57 of the Information and Communication Technology Act. An inter-ministerial meeting, chaired by Anisul Huq, took this decision yesterday. State minister for post and telecommunication Tarana Halim and state minister for ICT Zunaid Ahmed Palak were also present there.

Senior secretary of the legislative wing of the law ministry, Md Shohidul Haque, submitted a report before the inter-ministerial body after scrutinising the Broadcast Act-2016, saying that there is no contradiction between the Digital Security Act and the Broadcast Act.

In yesterday’s meeting, the proposed act was widely discussed and a consensus was reached that all confusions and ambiguities regarding Section 57 of the ICT Act—which is said to be a hurdle to the freedom of expression—would be over once the Digital Security Act is formulated, the sources said.

All members of the inter-ministerial body agreed that the offence and punishment under the act would be defined clearly so that no one can abuse the act to victimise others, they added.

A senior official of the law ministry senior official said the inter-ministerial body, which has been formed to scrutinise the draft Digital Security Act, proposed to keep the bail provision and to clearly define offences and punishments by incorporating as many sections as required in the draft act. This would help repeal some sections, including Section 57, of the ICT Act and ensure freedom of expression.

According to Section 57, if a person deliberately publishes any material in the electronic form that causes deterioration of law and order, prejudices the image of the state or a person, or hurts religious sentiments, the offender could be punished with a maximum of 14 years and a minimum of seven years of imprisonment. It will also be considered as a non-bailable offence.  

Following repeated demands from human rights activists, national and international journalist organisations, and legal experts, the government has decided to simplify Section 57 of the ICT Act through the incorporation of a section in the Digital Security Act.

According to sources, three cases were filed in 2013 under the ICT Act, 33 in 2014, 152 in 2015 and 233 in 2016. About 322 cases were lodged under Section 57 of the ICT Act this year.

Over two dozens of journalists were sued and several were arrested in accordance with this act.

According to statistics provided by the Cyber Security Tribunal, 740 cases have been filed across the country under the ICT Act in the last four years, with 60 per cent of them being lodged under the controversial Section 57. Among them, more than 450 cases were pending before the Dhaka Cyber Tribunal till September.

The rising trend of imposing Section 57 cases has raised concerns about its possible misuse to harass people. In 2013, only three such cases were filed, but the number has increased exponentially since then. Numerous journalists, students and teachers have been imprisoned under Section 57, which has been termed “draconian” for its sweeping interpretation and implementation by law enforcement agencies.

According to the Dhaka Reporters Unity (DRU), a total of 16 members of the organisation have been sued under Section 57 of the ICT Act. As many as 34 other journalists were also sued under this section since 2015.

At least 21 journalists were sued under Section 57 of the ICT Act from March 1 to to July 7 this year. This has triggered a growing demand for the repeal of the provision.

The High Court (HC) on September 1, 2015, had issued a rule, asking the government to explain within four weeks why Section 57 of the ICT Act should not be declared illegal.

After hearing a writ petition filed by 11 eminent citizens, the HC bench, comprising Justice Moyeenul Islam Chowdhury and Justice Md Ashraful Kamal, asked the secretaries to the ICT, home, law and information ministries to reply to the rule within four weeks.

The 11 citizens are: Dhaka University history teacher Ahmed Kamal, its journalism department teachers Gitiara Nasreen and Fahmidul Haq, international relations teachers Akmal Hossain and Tanjim Uddin Khan, social science department teacher Samina Lutfa, Jahangirnagar University economics teacher Anu Mohammad, Dhaka resident Abdus Salam, cultural activist Arup Rahi, writer Rakhal Raha and Biplobi Workers’ Party general secretary Saiful Haque.

Barrister Jyotirmoy Barua, counsel for the petitioners, told the court that Section 57 was arbitrary and discriminatory.

He claimed that the section clearly violates Articles 27, 31, 32 and 39 of the Constitution.

This section had been incorporated in the ICT Act by taking a cue from India’s ICT Act, which the neighbouring country’s supreme court later found to be unconstitutional, he added.

The Indian supreme court scrapped a similar section of that country’s ICT Act on March 24, 2015. “Hence, Section 57 of the ICT Act of our country should also be abolished,” he argued.

Barua said he was preparing for the final hearing on the rule. “After making the preparations, I will move before the HC for the final hearing very soon,” he added.

The ICT Act was passed in 2006; it was amended twice, in 2009 and 2013. In the last amendment, offences under Section 57 were made non-bailable and the maximum penalty was extended to imprisonment for 14 years.

Rights activists have been vocal against these legal provisions, saying that they effectively muzzle the freedom of speech and expression. The Editors’ Council, a forum of print media editors, has also demanded the scrapping of Section 57.

 

Section 57 to be scrapped

Govt finalises draft of Digital Security Act

The controversial Section 57 of the Information and Communication Technology (ICT) Act and some other sections of it will be revoked soon, two senior ministers said yesterday. Law minister Anisul Huq and Information minister Hasanul Haq Inu came up with this announcement after a meeting at the Secretariat yesterday afternoon. The ministers said that some sections includingSections 54, 55, 56, 57 and 66of the ICT Act would be annulled as the draft of the Digital Security Act is being finalised. The law minister said that freedom of expression will be ensured under the Digital Security Act. The ICT Acts Section 57 will be deleted as it is already in the draft Digital Security Act, he added. In response to a query, Anisul Huq said that freedom of expression would be kept under the Digital Security Act and the Broadcast Act for check and balance. In response to another query, the law minister said that the draft Digital Security Act would be sent for the approval of the Prime Minister. After finalising the act, well inform the media about the matter, he added. Hasanul Haq Inu told reporters that they have decided to remove some sections, including Section 57 of the ICT Act, from the Digital Security Act. He also expressed optimism that the Digital Security Act, which would assist the government to maintain digital security across the country, would be placed in the next winter session of Parliament for passage. According to meeting sources, by keeping the provision for bail, the Digital Security Act would be finalised with the aim to remove all controversies and ambiguities involving Section 57 of the Information and Communication Technology Act. An inter-ministerial meeting, chaired by Anisul Huq, took this decision yesterday. State minister for post and telecommunication Tarana Halim and state minister for ICT Zunaid Ahmed Palak were also present there. Senior secretary of the legislative wing of the law ministry, Md Shohidul Haque, submitted a report before the inter-ministerial body after scrutinising the Broadcast Act-2016, saying that there is no contradiction between the Digital Security Act and the Broadcast Act. In yesterdays meeting, the proposed act was widely discussed and a consensus was reached that all confusions and ambiguities regarding Section 57 of the ICT Actwhich is said to be a hurdle to the freedom of expressionwould be over once the Digital Security Act is formulated, the sources said. All members of the inter-ministerial body agreed that the offence and punishment under the act would be defined clearly so that no one can abuse the act to victimise others, they added. A senior official of the law ministry senior official said the inter-ministerial body, which has been formed to scrutinise the draft Digital Security Act, proposed to keep the bail provision and to clearly define offences and punishments by incorporating as many sections as required in the draft act. This would help repeal some sections, including Section 57, of the ICT Act and ensure freedom of expression. According to Section 57, if a person deliberately publishes any material in the electronic form that causes deterioration of law and order, prejudices the image of the state or a person, or hurts religious sentiments, the offender could be punished with a maximum of 14 years and a minimum of seven years of imprisonment. It will also be considered as a non-bailable offence. Following repeated demands from human rights activists, national and international journalist organisations, and legal experts, the government has decided to simplify Section 57 of the ICT Act through the incorporation of a section in the Digital Security Act. According to sources, three cases were filed in 2013 under the ICT Act, 33 in 2014, 152 in 2015 and 233 in 2016. About 322 cases were lodged under Section 57 of the ICT Act this year. Over two dozens of journalists were sued and several were arrested in accordance with this act. According to statistics provided by the Cyber Security Tribunal, 740 cases have been filed across the country under the ICT Act in the last four years, with 60 per cent of them being lodged under the controversial Section 57. Among them, more than 450 cases were pending before the Dhaka Cyber Tribunal till September. The rising trend of imposing Section 57 cases has raised concerns about its possible misuse to harass people. In 2013, only three such cases were filed, but the number has increased exponentially since then. Numerous journalists, students and teachers have been imprisoned under Section 57, which has been termed draconian for its sweeping interpretation and implementation by law enforcement agencies. According to the Dhaka Reporters Unity (DRU), a total of 16 members of the organisation have been sued under Section 57 of the ICT Act. As many as 34 other journalists were also sued under this section since 2015. At least 21 journalists were sued under Section 57 of the ICT Act from March 1 to to July 7 this year. This has triggered a growing demand for the repeal of the provision. The High Court (HC) on September 1, 2015, had issued a rule, asking the government to explain within four weeks why Section 57 of the ICT Act should not be declared illegal. After hearing a writ petition filed by 11 eminent citizens, the HC bench, comprising Justice Moyeenul Islam Chowdhury and Justice Md Ashraful Kamal, asked the secretaries to the ICT, home, law and information ministries to reply to the rule within four weeks. The 11 citizens are: Dhaka University history teacher Ahmed Kamal, its journalism department teachers Gitiara Nasreen and Fahmidul Haq, international relations teachers Akmal Hossain and Tanjim Uddin Khan, social science department teacher Samina Lutfa, Jahangirnagar University economics teacher Anu Mohammad, Dhaka resident Abdus Salam, cultural activist Arup Rahi, writer Rakhal Raha and Biplobi Workers Party general secretary Saiful Haque. Barrister Jyotirmoy Barua, counsel for the petitioners, told the court that Section 57 was arbitrary and discriminatory. He claimed that the section clearly violates Articles 27, 31, 32 and 39 of the Constitution. This section had been incorporated in the ICT Act by taking a cue from Indias ICT Act, which the neighbouring countrys supreme court later found to be unconstitutional, he added. The Indian supreme court scrapped a similar section of that countrys ICT Act on March 24, 2015. Hence, Section 57 of the ICT Act of our country should also be abolished, he argued. Barua said he was preparing for the final hearing on the rule. After making the preparations, I will move before the HC for the final hearing very soon, he added. The ICT Act was passed in 2006; it was amended twice, in 2009 and 2013. In the last amendment, offences under Section 57 were made non-bailable and the maximum penalty was extended to imprisonment for 14 years. Rights activists have been vocal against these legal provisions, saying that they effectively muzzle the freedom of speech and expression. The Editors Council, a forum of print media editors, has also demanded the scrapping of Section 57.