‘Reality of nightmare’

In the last three years, a total of 4,657 cases have been filed in the cyber tribunal. Of these, 925 cases were filed in 2018; 1,189 in 2019 and 1,128 in 2020. Observation of the case has shown that 85% of these cases have been filed by the leaders and workers of the ruling party, Awami League. Apart from them, law enforcement agencies have filed 76 cases, which is 20.32% of the total cases filed.

The Center for Governance Studies (CGS) released the observational results on Thursday (September 30) on the occasion of the three-year anniversary of the Digital Security Act-2018.

The editorial board described the widespread use of the law as a "reality of nightmare". The law has severely curtailed freedom of expression in Bangladesh. Citizens from all walks of life, including journalists, have been affected by the law.

The CGS has presented some observations on its use on the completion of three years of this strict law. It said the number of cybercrime cases has increased since the law was introduced.

According to various media reports, the total number of cases filed in cyber tribunals since 2013, initially under the Information and Communication Act and later under the Digital Security Act, is 4,657. Of these, 925 cases were filed in 2018; 1,189 cases were filed in 2019 and 1,128 cases were filed in 2020.

According to various sources, more than one and a half thousand cases have been filed under the Digital Security Act-2018 between January 1, 2020 and September 15, 2021. Law enforcement and ruling party leaders have used the law against dissent and continue to use it. CGS has identified and registered these cases.

The project is funded by the National Endowment for Democracy (NED). The main researcher is Ali Riaz, the Distinguished Professor of the Department of Government and Political Science, Illinois State University, USA.

CGS has identified the details of 668 cases till September 7, 2021. The research institute has collected this information from the government approved print and electronic media, the family of the accused or the accused and their relatives, the lawyer of the accused, the police station and other concerned departments.

Noting that these cases are extremely slow in the judicial process, the CGS said that so far only two cases have been disposed of. Moreover, according to the law, the investigation report of the case has to be submitted within 60 days. If the investigation is not completed within the stipulated time, another 30 days are allowed subject to the approval of the cyber tribunal. But for the last three years, in most cases, the accused are still in custody even after not submitting the investigation report within the stipulated time and they are effectively serving their sentences before the trial.

The main researcher of the project Ali Riaz described these trends as extremely worrying and alarming.

He said, ‘This trend shows how a law has become a tool of governance moving towards authoritarianism. This is turning dissent into a crime. The indiscriminate use of this law has created a culture of fear in Bangladesh. It is necessary to repeal the law in the emerging situation.’

In his words, “The number of accused in 668 cases is 1,516 people. Of these, 142 are journalists, 35 are teachers, 194 are politicians and 67 are students. We were able to identify the occupations of 571 people. About 9.37% of the total cases and 24.87% of those whose profession has been identified are journalists.”

Dr. Ali Riaz said, “Most of these cases have been filed by others and not by the victims. Ruling party workers often file lawsuits on behalf of their leaders. After identifying the political identities of the complainants, it was found that 85% of them were associated with the ruling party Awami League. Besides, law enforcement agencies have filed 76 cases, which is 20.32% of the total cases.”

He added, "41 cases have been filed for the defamation of ministers. Of these, only four cases have been filed on behalf of the victim or his family. The party leaders and workers have filed the remaining 37 cases. 17 people have been arrested in these cases. Three people have been granted bail.”