JS passes ‘controversial’ Digital Security Bill

Parliament yesterday (Wednesday) passed the much-talked-about Digital Security Bill 2018, amid concerns of journalists, human rights activists and organizations over freedom of press and freedom of expression.

The bill aims to deal with cyber crimes including hurting the religious sentiment, spreading negative propaganda against the Liberation War and Bangabandhu, performing illegal activities relating to e-transactions and using defamatory data.

The bill has been passed in the amended form by the parliamentary standing committee concerned by voice vote. The minister for telecom and ICT, Mustafa Jabbar, tabled the bill before the House, chaired by Speaker Dr Shirin Sharmin Chaudhury. The punishment for cyber crimes will be not more than 14 years of imprisonment, or not more than Tk. 25 lakh as fine, or both.

If a person commits the same offence more than once, the punishment will be lifetime imprisonment, a fine up to Tk. 1 crore, or both. Section 21 of this bill includes the definition of the "spirit of Liberation War".

Earlier, Parliament rejected by voice vote the proposals of the opposition and independent lawmakers to elicit public opinion on the bill by October 30 and send it to the standing committee for further scrutiny.

The lawmakers who placed the proposals are Jatiya Party lawmakers Nurul Islam Omar, Selimuddin, Mohammed Abdul Munim Chowdhury, Md Fakhrul Imam, Nurul Islam Milon, Begum Noor-e-Hasna Lily Chowdhury, Begum Mahjabin Morshed, Kazi Firoz Rashid, Begum Rawshan Ara Mannan, Shamim Haider Patwari, Mohammed Noman and independent lawmaker Dr Rustom Ali Farazi.

The opposition lawmakers also placed some proposals to bring amendments in 13 different sections of the bill, but the proposals, except an amendment proposal raised by JP lawmaker Fakhrul Imam, have also been rejected by voice vote. Imam’s amendment proposal in Section 43 to drop the words "taking approval of the director general" has been accepted.

Speaking on amendments, JP lawmaker Fakhrul Imam alleged that the opinion of the stakeholders of the bill, especially the concern of the media people, has been ignored.  He said the bill would thwart the freedom of expression and pose insecurity for mediapersons and free thinking people. They will not be able to discharge their responsibilities independently, he added.  

The opposition lawmakers said Sections 21, 25, 28, 31, 32 and 43 would create obstacles for journalists to discharge their duties independently.  Shamim Haider Patwari said it would deepen the fear of Section 57 of the ICT act and the concern of the section has widely been pushed in different section of the Digital Security Bill.

He also said since the media is treated as the fourth pillar of the state, the bill will make the mediapeople more annoyed. So, it would not be really wise to pass the bill ahead of the next elections, he added.                                               

Mohammed Noman stressed the need to eliminate the sources of digital crimes instead of thwarting the freedom of expression. He also questioned how the rights and freedom of expression would be controlled. He also opposed giving power to the director general of the Security Council.

In his reply, Mustafa Jabbar argued that the country is going ahead with development in the digital section. Digital crimes are also increasing with  such digital development. Thus, enacting a law to check such crimes is very important to protect the security of the state, he said.

On April 9, Mustafa Jabbar had placed the Digital Security Bill in Parliament to protect the country from digital crimes as well as to ensure the security of people's lives and assets. The bill included the Official Secrets Act, 1923, where offence would be committed using computers, digital devices, computer networks, digital networks or any other digital means.

The definition of the spirit of the Liberation War, as proposed by the committee. is: "The high ideals of nationalism, socialism, democracy and secularism, which inspired our heroic people to dedicate themselves  and our brave martyrs to sacrifice their lives in the national liberation struggle."

The proposed law made inclusion of the Right to Information Act (RTI) under Section 3 in case of any matter relating to the right to information. In Section 43, it says a police official can search or arrest anyone without any warrant issued by a court and the police would carry out the job.

As per the bill, digital forensic labs and a digital security agency under the Prime Minister's Office will be set up. Also, a national computer emergency response team and an 11-member digital security council, headed by the Prime Minister, will be constituted. The punishment for resorting to cyber violence, which will jeopardise integrity or security or sovereignty of the state, intimidate people or any section of people, impede legitimised access to computers, computer networks or the Internet, is maximum 14 years' imprisonment, or a fine of up to Tk. 1 crore, or both. Again, the punishment for hurting religious values and sentiment is a maximum of 10 years' imprisonment, or a fine of Tk. 20 lakh, or both.

The punishment for providing or spreading defamatory data is a maximum of three-year jail term, or a fine of up to Tk. 500,000, or both. Any person destroying communal harmony would be sentenced to a maximum of seven years' imprisonment, a fine of up to Tk. 500,000, or both.

The punishment for illegal activities using e-transaction services of bank, insurance, financial institutions and any other organisation is a maximum of five years' imprisonment, a fine of up to Tk 500,000, or both. The punishment for resorting to hacking is a maximum of 14 years imprisonment, or a fine of Tk. 1 crore, or both.

According to Section 32, resorting to digital theft by capturing any confidential information of government, semi-government, autonomous and statuary bodies by using computers, computer networks, digital networks or any other electronic devices through illegal access is a cognisable offence.

Earlier, on Tuesday, the Parliamentary Standing Committee on the Ministry of Telecom and ICT submitted its report on the Digital Security Bill, ignoring concerns of journalists and media owners over some of its sections. In the report, the parliamentary standing committee, however, recommended some minor changes to the bill. One of them is to include the provisions of the Right to Information Act, 2009.

At a meeting on Sunday, Sampadak Parishad, a platform of the editors of the country's dailies, expressed its surprise, disappointment and shock at the committee's final report on the proposed Digital Security Act-2018.

In a statement, the council said they were “forced to reject the report” as it suggested no fundamental changes to Sections 8, 21, 25, 28, 29, 31, 32, and 43 of the draft act which pose serious threats to freedom of expression and media operation.

 

JS passes controversial Digital Security Bill

Parliament yesterday (Wednesday) passed the much-talked-about Digital Security Bill 2018, amid concerns of journalists, human rights activists and organizations over freedom of press and freedom of expression. The bill aims to deal with cyber crimes including hurting the religious sentiment, spreading negative propaganda against the Liberation War and Bangabandhu, performing illegal activities relating to e-transactions and using defamatory data. The bill has been passed in the amended form by the parliamentary standing committee concerned by voice vote. The minister for telecom and ICT, Mustafa Jabbar, tabled the bill before the House, chaired by Speaker Dr Shirin Sharmin Chaudhury. The punishment for cyber crimes will be not more than 14 years of imprisonment, or not more than Tk. 25 lakh as fine, or both. If a person commits the same offence more than once, the punishment will be lifetime imprisonment, a fine up to Tk. 1 crore, or both. Section 21 of this bill includes the definition of the spirit of Liberation War. Earlier, Parliament rejected by voice vote the proposals of the opposition and independent lawmakers to elicit public opinion on the bill by October 30 and send it to the standing committee for further scrutiny. The lawmakers who placed the proposals are Jatiya Party lawmakers Nurul Islam Omar, Selimuddin, Mohammed Abdul Munim Chowdhury, Md Fakhrul Imam, Nurul Islam Milon, Begum Noor-e-Hasna Lily Chowdhury, Begum Mahjabin Morshed, Kazi Firoz Rashid, Begum Rawshan Ara Mannan, Shamim Haider Patwari, Mohammed Noman and independent lawmaker Dr Rustom Ali Farazi. The opposition lawmakers also placed some proposals to bring amendments in 13 different sections of the bill, but the proposals, except an amendment proposal raised by JP lawmaker Fakhrul Imam, have also been rejected by voice vote. Imams amendment proposal in Section 43 to drop the words taking approval of the director general has been accepted. Speaking on amendments, JP lawmaker Fakhrul Imam alleged that the opinion of the stakeholders of the bill, especially the concern of the media people, has been ignored. He said the bill would thwart the freedom of expression and pose insecurity for mediapersons and free thinking people. They will not be able to discharge their responsibilities independently, he added. The opposition lawmakers said Sections 21, 25, 28, 31, 32 and 43 would create obstacles for journalists to discharge their duties independently. Shamim Haider Patwari said it would deepen the fear of Section 57 of the ICT act and the concern of the section has widely been pushed in different section of the Digital Security Bill. He also said since the media is treated as the fourth pillar of the state, the bill will make the mediapeople more annoyed. So, it would not be really wise to pass the bill ahead of the next elections, he added. Mohammed Noman stressed the need to eliminate the sources of digital crimes instead of thwarting the freedom of expression. He also questioned how the rights and freedom of expression would be controlled. He also opposed giving power to the director general of the Security Council. In his reply, Mustafa Jabbar argued that the country is going ahead with development in the digital section. Digital crimes are also increasing with such digital development. Thus, enacting a law to check such crimes is very important to protect the security of the state, he said. On April 9, Mustafa Jabbar had placed the Digital Security Bill in Parliament to protect the country from digital crimes as well as to ensure the security of peoples lives and assets. The bill included the Official Secrets Act, 1923, where offence would be committed using computers, digital devices, computer networks, digital networks or any other digital means. The definition of the spirit of the Liberation War, as proposed by the committee. is: The high ideals of nationalism, socialism, democracy and secularism, which inspired our heroic people to dedicate themselves and our brave martyrs to sacrifice their lives in the national liberation struggle. The proposed law made inclusion of the Right to Information Act (RTI) under Section 3 in case of any matter relating to the right to information. In Section 43, it says a police official can search or arrest anyone without any warrant issued by a court and the police would carry out the job. As per the bill, digital forensic labs and a digital security agency under the Prime Ministers Office will be set up. Also, a national computer emergency response team and an 11-member digital security council, headed by the Prime Minister, will be constituted. The punishment for resorting to cyber violence, which will jeopardise integrity or security or sovereignty of the state, intimidate people or any section of people, impede legitimised access to computers, computer networks or the Internet, is maximum 14 years imprisonment, or a fine of up to Tk. 1 crore, or both. Again, the punishment for hurting religious values and sentiment is a maximum of 10 years imprisonment, or a fine of Tk. 20 lakh, or both. The punishment for providing or spreading defamatory data is a maximum of three-year jail term, or a fine of up to Tk. 500,000, or both. Any person destroying communal harmony would be sentenced to a maximum of seven years imprisonment, a fine of up to Tk. 500,000, or both. The punishment for illegal activities using e-transaction services of bank, insurance, financial institutions and any other organisation is a maximum of five years imprisonment, a fine of up to Tk 500,000, or both. The punishment for resorting to hacking is a maximum of 14 years imprisonment, or a fine of Tk. 1 crore, or both. According to Section 32, resorting to digital theft by capturing any confidential information of government, semi-government, autonomous and statuary bodies by using computers, computer networks, digital networks or any other electronic devices through illegal access is a cognisable offence. Earlier, on Tuesday, the Parliamentary Standing Committee on the Ministry of Telecom and ICT submitted its report on the Digital Security Bill, ignoring concerns of journalists and media owners over some of its sections. In the report, the parliamentary standing committee, however, recommended some minor changes to the bill. One of them is to include the provisions of the Right to Information Act, 2009. At a meeting on Sunday, Sampadak Parishad, a platform of the editors of the countrys dailies, expressed its surprise, disappointment and shock at the committees final report on the proposed Digital Security Act-2018. In a statement, the council said they were forced to reject the report as it suggested no fundamental changes to Sections 8, 21, 25, 28, 29, 31, 32, and 43 of the draft act which pose serious threats to freedom of expression and media operation.