Explainer: How the Cyber Security Act differs from DSA
The new act would be placed before the parliament for approval in September, and if approved, all the existing DSA cases will automatically go under the Cyber Security Act
Is the newly-proposed Cyber Security Act, set to replace the controversial Digital Security Act (DSA), simply a facelift? Or does it have more to offer?
At a briefing on Monday (7 August), Law Minister Anisul Huq said the new law would be a reformed version of the DSA, with less harsh provisions.
He said there would be "no controversy over the new law" and "it will not need further amendments" either.
But how much, if any, has really changed?
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No jail for defamation, only fine
During his media brief, Anisul Huq said there will no longer be any jail sentence for defamation under the new Cyber Security Act 2023.
The fine, however, can go as far as Tk25 lakh. The amount will be up to the court.
However, the accused will end up in jail if they fail to pay the fine. But that will be limited to only three to six months, depending on the fine.
Repeat offences will not increase punishment
In the DSA, repeated offences would have led to more punishment. But under the reformed law, the punishment for the second offence will remain the same as the first one, according to the law minister.
He also mentioned many non-bailable offences under the DSA will become bailable under the Cyber Security Act 2023.
New section on hacking
Anisul Huq said Section 33 of the DSA, focusing on punishment for holding and transferring data information illegally, will be scrapped, and a section on hacking offences will be introduced in the new law.
However, going through the "Authentic English Text of the Act" available on the BGD e-GOV CIRT website, we found the same hacking offences in Section 34 of DSA with similar punishments the law minister announced as the new one during his briefing.
This is by far the one with the most punishment as the maximum cap for prison time under hacking offences will be set at 14 years or a maximum fine of Tk1 crore or both.
Under Section 33 of DSA, the jail sentence was seven years (max) or up to Tk15 lakh fine, or both.
Some offences to get reduced punishment
The law minister mentioned the reduction of punishments in sections 21, 28, 31 and 32 of the DSA.
Section 21 — punishment for making any kind of propaganda or campaign against liberation war, the spirit of the liberation war, father of the nation, national anthem or national flag — earlier carried the provision of imprisonment for a term not exceeding 10 years, or a fine not exceeding Tk1 crore, or both.
For a second offence, it was imprisonment for life or a fine of Tk3 crore, or both.
In the new law, the maximum jail time for the violation of Section 21 will be seven years. Anisul Huq did not reveal the reduced punishments for the other sections during the briefing.
The law minister also said the new act would be placed before the parliament for approval in September, and if approved, all the existing DSA cases will automatically go under the Cyber Security Act.
