Repealing Digital Security Act 2018 and enacting Cyber Security Act 2023 have been done with the aim to stop cybercrime. Besides making several sections non-bailable of digital security from 5 years of experience is for ensuring that the freedom of speech or press is not undermined; the provision of additional punishment for second time offenses has been abolished. Sections 17, 19 and 33 of the Act give utmost importance to strictness of sentence. Also, the new law does not give law enforcement agencies the power to check anyone’s device without a direct complaint.
Law Minister Anisul Haque shared these points in a press conference held at BCC Conference Center of ICT Division on Thursday regarding the new law.
He said that, although the previous law had the penalty of Penal code, the new law does not have it. Punishment in Section 295 of the Penal Code for hurting religious sentiments has been harmonized. While Penal code crimes are meant to be done physically, they are done digitally. Due to the greater digital reach, the sentence was kept higher here. We have reduced that now. In some places I have completely stopped. Only offenses under Section 52 are non-bailable. Although previously non-bailable, the new law has made sections 17, 19, 21, 27, 30 and 33 bailable. More clauses should be added to the bailable clause. At the same time, in Article 29, if the crime is proved by evidence, the penalty of not more than 25 lakhs taka has been kept, but the provision of jail has also been kept. In case of defamation this amount will be determined by the judge.
He said, this law is not replacing old wine with new one. Many things have been changed.
The State Minister for ICT Zunaid Ahmed Palak, while speaking as the Chairman of the press conference, said that section 17 deals with crimes and penalties for illegal access to critical information infrastructure. Section 18 makes access to computer devices and systems a bailable offence. Also Article 27 outlines the criminal nature of cyber terrorist acts. Article 33 deals with hacking offenses and punishments.
He said, in the Data Protection Act 2023 would deal with a civil offense with fines and the Cyber Security Act 2023 will deal a criminal offense with both imprisonment and fines.
At the outset, the state minister for ICT said that the law has to be made with everyone’s opinion in order to restraint in the cyber criminals. Said, the draft law was uploaded on the website last night. In the next 14 days, everyone can give their opinion about the law.
Information and Communication Technology Division Secretary Shamsul Arefin, Law Ministry Secretary Golam Sarwar, Legislative and Parliamentary Affairs Department Secretary Md. Mainul Kabir, former Secretary Shahidul Haque and DSA Director General Abu Saeed Md. Kamruzzaman were present at the press conference.