Parliament passes the Cyber Security Bill
The 'Cyber Security Bill-2023' has been passed by the National Parliament, making it a crime to arrest and search without a warrant and filing a false case. Arrest without warrant, the maximum penalty of crores of taka fine and 14 years imprisonment was passed in the face of the opposition of this much talked about bill. Section 34 of the new law added the provision of punishment for false cases and kept the objectionable section 42 in force, but replaced the objectionable sub-inspector with the provision of warrantless arrest and investigation by the inspector.
State Minister for Information Technology Zunaid Ahmed Palak tabled the bill in the Parliament session on Wednesday. The bill was passed by voice vote after sending the opposition members on the bill to the public opinion scrutiny committee and settling the amendment proposals.
Criticizing various clauses of the bill, opposition members said that freedom of thought and expression and recognition of independent media have been given in the constitution itself. However, in various clauses of this bill, the system of curtailing these rights recognized by the constitution has been matured. Several members of parliament demanded to amend the law of warrantless arrest and search.
In response to these criticisms, State Minister Zunaid Ahmed Palak said that freedom of thought and expression is recognized by the constitution but not restricted. Freedom does not mean violating the rights of others. Your freedom does not mean saying whatever you want. Not disrespecting others. It is not rude to talk to women. There is no way to confirm these things.
The state minister also said that the opposition members are agreeing on the necessity of the law. There is no alternative to Cyber Security Act to build transparency, accountability and secure Smart Bangladesh.
At this time, Deputy Speaker Shamsul Haque Tuku presided over the session.
It may be noted that, the Section 27 of the Bill provides for the offense and punishment of cyber terrorism, a person obstructs the lawful access to any computer or computer network or Internet network with the intention of endangering the integrity, security and sovereignty of the state and instilling fear among the public or any section thereof or enter or cause to be unlawful; Contaminates or introduces malware into any digital device that causes or is likely to cause death or serious injury to any person or impairs or destroys the provision of essential public goods and services or adversely affects any critical information infrastructure; intentionally or knowingly disrupt any computer, computer network, Internet network, Accesses or accesses any stored information or computer database, or accesses any such stored information or computer database, which may be used for any purpose prejudicial to friendly relations or public order with a foreign state or for the benefit of a foreign state or any person or group; may be used, then such person's act would constitute a cyber terrorism offence. If any person commits this offence, he shall be punished with imprisonment not exceeding 14 years or with fine not exceeding 1 crore taka or with both.
Section 28 of the Bill states that publishing, broadcasting any such information offensive to religious values or sentiments on the website or in any electronic format, if any person or group intentionally publishes such information on the website or any other electronic format with the intention of inciting religious values or sentiments, publishes or propagates anything, which offends religious sentiments or values, such act of such person shall be an offence. If any person commits such an offence, he shall be liable to imprisonment for a term not exceeding two years or to a fine not exceeding five lakhs, or to both.
Section 32 of the bill states that if any person commits hacking, it is an offense and he shall be punished with imprisonment not exceeding 14 (fourteen) years or with fine not exceeding 1 (one) crore taka, or with both.
Section 42 of the Bill provides for warrantless search, seizure and arrest- if any police officer has reason to believe that an offense under this Act has been or is being committed or is likely to be committed in any place or evidence has been lost, destroyed, altered or in any other manner is likely to become scarce, he shall, recording reasons for such belief, enter the place and search it and if the entry is prevented, take necessary action under the Code of Criminal Procedure. Seizure of any computer, computer system, computer network, data or other equipment used in the commission of the crime found during the search at the place and any document helpful in proving the crime; Body search of any person present at the place.
