Journalists, rights activists sceptical about 'proper use' of CSA

Journalists, human rights activists and legal experts have expressed their concern over the proposed Cyber Security Act (CSA), saying that the successor of the Digital Security Act (DSA) may have brought some relief but still can be abused to muzzle dissent voices.

"Under DSA, journalists and religious minorities have been harassed and persecuted. Even a 17-year-old Jagannath University student Khadiza was arrested for remarks made by someone else at a programme hosted by her. She is a kidney patient but denied bail several times. So can the proposed CSA bring hope for the aggrieved people, it is doubtful," said Syed Ishtiaque Reza, chief executive officer of Global Television, at a roundtable organised by The Editors Guild, Bangladesh at Dhaka Gallery at Banani in the capital on Saturday.  

Nayeemul Islam Khan, emeritus editor of Amader Notun Shomoy, and Dr AJM Shafiul Alam Bhuiyan of Dhaka University, among others, attended the discussion chaired by Syed Ishtiaque Reza.

Addressing the roundtable titled "From Digital to Cyber--what's the difference", Professor Dr Golam Rahman, former chief information commissioner and editor of the daily Ajker Patrika, said this law is currently going under third scrutiny as the outcry over the former ICT Act and DSA were huge. 

"I can say, it is still a questionable/debatable law. The previous version of the law was questionable for its abuse by a vested group. When a citizen lands in jail for months before trial or proven guilty, it is unfair. The chances of abuse have been curtailed in the proposed law but we cannot say there is no space for abuse," Golam Rahman added.

However, Dr Hasan Mahmud Khandoker, former inspector general of Bangladesh Police, said the law is not the problem but its use is. 

"We have millions of mobile phone and internet users, we are delving into the digital arena for growth and prosperity. Hence, we have to ensure digital safety and security at the same time. I think the law is timely and it can be enacted," said the former police official.  

Faruq Faisel, regional director of ARTICLE 19 — an international human rights organisation that works to defend and promote freedom of expression, said, "After the DSA enactment, we made a review of it from London and submitted it to the Bangladesh government for making some changes to the law. But the government did not take it positively. 

"Later when we informed the UN, only then the government started talking about making a few changes and ministers started admitting that the law was being misused," Faruq added.

Addressing the discussion, Masood Kamal, a senior journalist, said there is a culture of fear that exists everywhere in the country. "The law, DSA, was designed to harass/suppress the common man who does not hold any power. On the contrary, powerful people whether from the ruling party or government employees always used the law to muzzle the ordinary people who raised their voices against the power. So, I do not see any positive changes/outcome in the proposed Cyber Security Law," he said.  

Imtiaz Mahmud, a lawyer and online activist, said some sections in the DSA and proposed CSA are designed to muzzle dissent voices. "Even some local Bauls (folk singers) were arrested and landed in prison for allegedly hurting religious sentiment. How can you judge whether religious sentiment has been hurt or not? The law permits a sub-inspector to decide to charge anyone for 'hurting religious sentiment' and 'disrupting law and order', which makes a huge blunder and creates a culture of fear to speak out," he said. 

Sadeka Halim, a professor at the University of Dhaka, said, "Political commitment is a must to stop the misuse of the DSA or CSA. Since most of the cases were filed by politicians and influential persons, then promises of proper use of the law should come from them."

"And the proposed law must be enacted only after discussing with the concerned parties including journalists and civil societies," she added.