Life sentence for defaming Bangabandhu, ’71 war

The Cabinet has approved in principle the draft of the Digital Security Act, 2016, with a provision for life sentence and a fine of Tk. 1 crore for anyone involved in propaganda against the 1971 Liberation War and Father of the Nation Bangabandhu Sheikh Mujibur Rahman. The draft law replaces Clause Nos. 54, 55, 56 and 57 of the Information and Communication Technology (Amendment) Act, 2013, which means the four clauses (Nos. 54, 55, 56 and 57) of the ICT Act would stand cancelled after the new law, Digital Security Act, is enforced to tackle different kinds of cyber crimes in the country. The ICT Act was introduced in 2006 and amended twice in 2009 and 2013 to fight cyber crimes.
Both the laws—ICT Act 2013 and the draft Digital Security Act 2016—provide punishment for similar offences like cyber crimes, which has led to confusion among people about how a trial would be conducted for one crime under the two laws.
Shyam Sunder Sikder, secretary of the Information and Communications Technology Division, said the ICT Act was a mother law and the proposed Digital Security Act, 2016, was a full-fledged law to deal with cyber crimes. “The two laws will not be in conflict with each other,” he said, adding that they have replaced four clauses (Nos. 54, 55, 56 and 57) of the ICT Act with the Digital Security Act of 2016. The ICT Act specifies issues related to electronic and computer networks like electronic signatures, electronic data interchanges, electronic forms, computer memory, electronic records, electronic mail, data messages, websites and optical fibre systems.
The Digital Security Act has specified all digital matters like critical infrastructure, e-transactions, e-payments, data corruption, computer data, all digital devices, digital or computer networks, data traffic, digital forgery, digital pornography, digital information systems, digital communications, passwords, voice data, biological or physical information programmes, apps, service providers, social media etc., he said.
According to Clause 15(5) of the draft Digital Security Act, if anyone is involved in propaganda against the 1971 Liberation War and its spirit, Bangabandhu Sheikh Mujibur Rahman or the Liberation War issues, which have  already been settled by court, through the electronic media, he or she will get a maximum life term jail and minimum three years’ imprisonment and Tk. one crore fine or both, Cabinet secretary Mohammad Shafiul Alam told reporters at a briefing after yesterday’s Cabinet meeting at the Secretariat.
Quoting the draft law, Shafiul Alam said the matters that would affect the unity and solidarity of Bangladesh and hinder the security of other countries and the issues that were linked to terrorist acts would be considered cyber terrorism. Offenders involved in crimes using computers, mobiles or any digital device will get a maximum five years’ and minimum two years’ of imprisonment and a fine of Tk. three lakh or both, Shafiul Alam said. “If any one cheats or is found guilty of forgery using computer, mobile or any other electronic device, he will get maximum five years’ and minimum three years’ jail and a fine of Tk. 3 lakh or both,” he said, according to the proposed Act.
The Cabinet secretary said anyone who hurts religious sentiment will get highest two years’ and minimum two months’ jail and a fine of Tk. 2 lakh, or both. He also said that anyone who creates enmity or is responsible for a deterioration in the law and order situation would get a maximum of seven years and a minimum of a year’s jail term and a fine of Tk. 7 lakh as fine, or both. The draft law proposed the formation of a ‘Digital Security Agency’, headed by a director general, who can give directives to any law enforcement agency of the government to stop broadcasting of any information through computer resources if he deems it urgent, the Cabinet secretary said.
The Cabinet also approved the drafts of the Hindu Religion Welfare Trust Act, 2016, the Buddhist Religion Welfare Trust Act, 2016 and the Christian Religion Welfare Trust Act, 2016 and Weather Affairs Act 2016. Talking to The Independent, Barrister Sara Hossain said the existing ICT (Information & Communication Technology) Act already had some provisions to tackle cyber crimes. “Instead of updating those provisions, the enactment of a new act like Digital Security Act is a vague step from the government,” she said. “A new Act should be formulated only when it is necessary,” she said. She also demanded amendment to Sections 46 and 57 of the ICT Act, 2006.
Section 46 has provided huge power to a government-appointed controller to block online content and Section 57 imposes different kinds of restrictions on freedom of expression, she said. However, law minister Advocate Anisul Haque told The Independent that there would be no confusion in future after the new law, Digital Security Act 2016, is enacted. “Both the laws—Digital Security Act and the ICT Act—will remain, without coming into conflict each other,” he said. “The laws will be used only for the purposes they were drafted for, so that they do not contradict each other,” the minister said.

Life sentence for defaming Bangabandhu, 71 war

The Cabinet has approved in principle the draft of the Digital Security Act, 2016, with a provision for life sentence and a fine of Tk. 1 crore for anyone involved in propaganda against the 1971 Liberation War and Father of the Nation Bangabandhu Sheikh Mujibur Rahman. The draft law replaces Clause Nos. 54, 55, 56 and 57 of the Information and Communication Technology (Amendment) Act, 2013, which means the four clauses (Nos. 54, 55, 56 and 57) of the ICT Act would stand cancelled after the new law, Digital Security Act, is enforced to tackle different kinds of cyber crimes in the country. The ICT Act was introduced in 2006 and amended twice in 2009 and 2013 to fight cyber crimes. Both the lawsICT Act 2013 and the draft Digital Security Act 2016provide punishment for similar offences like cyber crimes, which has led to confusion among people about how a trial would be conducted for one crime under the two laws. Shyam Sunder Sikder, secretary of the Information and Communications Technology Division, said the ICT Act was a mother law and the proposed Digital Security Act, 2016, was a full-fledged law to deal with cyber crimes. The two laws will not be in conflict with each other, he said, adding that they have replaced four clauses (Nos. 54, 55, 56 and 57) of the ICT Act with the Digital Security Act of 2016. The ICT Act specifies issues related to electronic and computer networks like electronic signatures, electronic data interchanges, electronic forms, computer memory, electronic records, electronic mail, data messages, websites and optical fibre systems. The Digital Security Act has specified all digital matters like critical infrastructure, e-transactions, e-payments, data corruption, computer data, all digital devices, digital or computer networks, data traffic, digital forgery, digital pornography, digital information systems, digital communications, passwords, voice data, biological or physical information programmes, apps, service providers, social media etc., he said. According to Clause 15(5) of the draft Digital Security Act, if anyone is involved in propaganda against the 1971 Liberation War and its spirit, Bangabandhu Sheikh Mujibur Rahman or the Liberation War issues, which have already been settled by court, through the electronic media, he or she will get a maximum life term jail and minimum three years imprisonment and Tk. one crore fine or both, Cabinet secretary Mohammad Shafiul Alam told reporters at a briefing after yesterdays Cabinet meeting at the Secretariat. Quoting the draft law, Shafiul Alam said the matters that would affect the unity and solidarity of Bangladesh and hinder the security of other countries and the issues that were linked to terrorist acts would be considered cyber terrorism. Offenders involved in crimes using computers, mobiles or any digital device will get a maximum five years and minimum two years of imprisonment and a fine of Tk. three lakh or both, Shafiul Alam said. If any one cheats or is found guilty of forgery using computer, mobile or any other electronic device, he will get maximum five years and minimum three years jail and a fine of Tk. 3 lakh or both, he said, according to the proposed Act. The Cabinet secretary said anyone who hurts religious sentiment will get highest two years and minimum two months jail and a fine of Tk. 2 lakh, or both. He also said that anyone who creates enmity or is responsible for a deterioration in the law and order situation would get a maximum of seven years and a minimum of a years jail term and a fine of Tk. 7 lakh as fine, or both. The draft law proposed the formation of a Digital Security Agency, headed by a director general, who can give directives to any law enforcement agency of the government to stop broadcasting of any information through computer resources if he deems it urgent, the Cabinet secretary said. The Cabinet also approved the drafts of the Hindu Religion Welfare Trust Act, 2016, the Buddhist Religion Welfare Trust Act, 2016 and the Christian Religion Welfare Trust Act, 2016 and Weather Affairs Act 2016. Talking to The Independent, Barrister Sara Hossain said the existing ICT (Information Communication Technology) Act already had some provisions to tackle cyber crimes. Instead of updating those provisions, the enactment of a new act like Digital Security Act is a vague step from the government, she said. A new Act should be formulated only when it is necessary, she said. She also demanded amendment to Sections 46 and 57 of the ICT Act, 2006. Section 46 has provided huge power to a government-appointed controller to block online content and Section 57 imposes different kinds of restrictions on freedom of expression, she said. However, law minister Advocate Anisul Haque told The Independent that there would be no confusion in future after the new law, Digital Security Act 2016, is enacted. Both the lawsDigital Security Act and the ICT Actwill remain, without coming into conflict each other, he said. The laws will be used only for the purposes they were drafted for, so that they do not contradict each other, the minister said.