Advocate Anisul Haque, Minister of the Ministry of Law, Justice and Parliamentary Affairs said that in the post-corona era, the misuse of the Digital Security Act has reduced a lot. He said, ‘We have tried plugging in those places where the Digital Security Act was misused. It has come down a lot after the pandemic period to a large extent, but now, they don’t take the case anymore.’
He conveyed his thought while speaking at the round table meeting titled ‘Digital Security Aaw Debate’ held at Banani’s Dhaka Gallery on Saturday (October 22) at 11 am moderated by Editors Guild President Mozammel Babu.
The Law Minister said, Article 39 of the Constitution says “1- Freedom of thought and conscience was guaranteed. 2- Freedom of expression and freedom of the press are guaranteed to every citizen, subject to the provisions of the law prohibiting reasonable restrictions in the interests of national security, friendly relations with foreign countries, public order, decency, morality or contempt of court, defamation or incitement to commit crime. But the Digital Security Act was not meant to take away freedom of speech or freedom of the press. Digitization is now happening in the world. Say for, theft under the Penal Code! It used to be physically, now the moment theft started to happen digitally, can it be made punishable under the penal code under the physical laws? No. Many sections of the Penal Code do not deal with humiliation by digital means. For which these issues have been brought under the Digital Security Act.”
Referring to the ICT Division that drafted this law, he further said, ‘After coming to the law ministry, vetting was going on. Then a question was raised – it was not discussed with the journalists. I said then – this law has gone to a stage. When we raise this law in the Parliamentary Standing Committee, you will say whatever you have to say and we will think in that light. After they arrived, after clarifying some issues, discussing about reducing the sentence, everyone agreed that this law is needed. Be it enacted as this Act is necessary. That is why the law was made. After this law was passed in 2018, before the break of Covid-19 pandemic in 2019, I have personally seen some abuse and harassment of this law. We are committed to stopping this abuse and harassment.’
Stating that the laws of different countries have been reviewed, the law minister said, ‘We are still talking about good practices. At the same time, you may say – the discussion is being done but the law is being misused. I sat with the Home Minister about this; we have agreed that journalists will not be arrested before filing a case under this Act, and whoever files a case will not be accepted as a case. The complaints that are coming are complaints under the provisions of the Digital Security Act, or harassment. There is a cell in the ICT Act to look into these matters. Whether the allegations fall under any section of the Digital Security Act by the Cell. After checking that, when it is sent to the court or the police station, it will be registered as a case. We have increased this one step. Now I cannot tell the court as the judiciary is independent. Cybercrime tribunals where the prosecution has been asked not to issue warrants, but to issue summonses. So that he (accused) comes to court.’
Editors Guild Joint Editor Journalist Ishtiaq Reza, Human Rights Lawyer Advocate ZI Khan Panna, Cultural activist Nasir Uddin Yusuf Bachchu, Poet, Journalist and Columnist Sohrab Hasan, Bangladesh and South Asia Regional Director of Article-19 Farooq Faisal, Additional Inspector General of Bangladesh Police Barrister Mohammad Haroon Or Rashid and Filmmaker Qamar Ahmed Simon were also present in the meeting as discussants. The meeting was broadcast live by the private television Channel Ekattor TV.