Is there any alternative to the DSA? | The Business Standard
Skip to main content
  • Latest
  • Economy
    • Banking
    • Stocks
    • Industry
    • Analysis
    • Bazaar
    • RMG
    • Corporates
    • Aviation
  • Videos
    • TBS Today
    • TBS Stories
    • TBS World
    • News of the day
    • TBS Programs
    • Podcast
    • Editor's Pick
  • World+Biz
  • Features
    • Panorama
    • The Big Picture
    • Pursuit
    • Habitat
    • Thoughts
    • Splash
    • Mode
    • Tech
    • Explorer
    • Brands
    • In Focus
    • Book Review
    • Earth
    • Food
    • Luxury
    • Wheels
  • Subscribe
    • Get the Paper
    • Epaper
    • GOVT. Ad
  • More
    • Sports
    • TBS Graduates
    • Bangladesh
    • Supplement
    • Infograph
    • Archive
    • Gallery
    • Long Read
    • Interviews
    • Offbeat
    • Magazine
    • Climate Change
    • Health
    • Cartoons
  • বাংলা
The Business Standard

Friday
July 18, 2025

Sign In
Subscribe
  • Latest
  • Economy
    • Banking
    • Stocks
    • Industry
    • Analysis
    • Bazaar
    • RMG
    • Corporates
    • Aviation
  • Videos
    • TBS Today
    • TBS Stories
    • TBS World
    • News of the day
    • TBS Programs
    • Podcast
    • Editor's Pick
  • World+Biz
  • Features
    • Panorama
    • The Big Picture
    • Pursuit
    • Habitat
    • Thoughts
    • Splash
    • Mode
    • Tech
    • Explorer
    • Brands
    • In Focus
    • Book Review
    • Earth
    • Food
    • Luxury
    • Wheels
  • Subscribe
    • Get the Paper
    • Epaper
    • GOVT. Ad
  • More
    • Sports
    • TBS Graduates
    • Bangladesh
    • Supplement
    • Infograph
    • Archive
    • Gallery
    • Long Read
    • Interviews
    • Offbeat
    • Magazine
    • Climate Change
    • Health
    • Cartoons
  • বাংলা
FRIDAY, JULY 18, 2025
Is there any alternative to the DSA?

Thoughts

Saiful Bari
05 May, 2023, 09:35 am
Last modified: 05 May, 2023, 10:57 am

Related News

  • Cyber Security Ordinance: When the law fails to define, anything can be considered a crime
  • BNP leader Hafiz Uddin exempted from charges in DSA case
  • Rise and fall of Bangladesh's internet law
  • 'Shishu Bokta' Rafiqul Islam acquitted from 4 DSA cases
  • In DSA's 5 years, 40% cases filed for 'slanders' against Hasina regime

Is there any alternative to the DSA?

There has been much controversy surrounding the Digital Security Act. This piece aims to seek answers to whether the application of this law has any alternatives or not

Saiful Bari
05 May, 2023, 09:35 am
Last modified: 05 May, 2023, 10:57 am
Illustration: TBS
Illustration: TBS

Bangladesh's Digital Security Act (DSA) has been widely blamed for its potential to constrain freedom of expression and suppress dissent. UN High Commissioner for Human Rights Volker Türk called for the immediate suspension of the DSA, expressing concerns that this law is being used across Bangladesh to arrest, harass and intimidate journalists and human rights defenders and muzzle critical voices online.

Members of civil society, journalists and legal experts have called for its abolition, arguing that it is incompatible with international human rights standards and undermines democracy.

But is there any alternative to the contentious provisions of the Digital Security Act? This piece aims to seek alternative approaches to the Digital Security Act in Bangladesh.

DSA's contentious provisions

The Business Standard Google News Keep updated, follow The Business Standard's Google news channel

Before discussing the alternatives, it is important to understand the problems with the DSA. The Act has been criticised for its vague and overbroad provisions, which make it possible to criminalise a wide range of speech and online activity.

Some elements of offences are too broad to be defined and are ambiguous by any domestic or international standard. For instance, Section 25 of the DSA criminalises transmitting, publishing, or propagating offensive, false, or threatening data information through digital means intending to annoy, insult, humiliate, or malign a person or affect the person's image or the reputation of the country.

The DSA also contains provisions that violate international human rights standards. For example, Section 43 allows the police to arrest someone without a warrant if they believe that person has committed an offence under DSA. This provision undermines the right to due process. The Act does not contain any provision for a remedy in case someone becomes a victim of unlawful arrest or detention.

There are a few more difficulties with this law, but in this article, we're looking for an answer to whether the application of this law has any alternatives or not.

Given these problems, it is not surprising that many civil society organisations, journalists, and legal experts have called for the repeal of the DSA. They argue that the Act undermines democracy and human rights in Bangladesh.

Repealing the provisions of DSA that are not press friendly would send a clear signal that Bangladesh is committed to protecting freedom of expression and the rule of law. It will also help alleviate the fear and apprehension DSA has caused among journalists and media workers. By providing more straightforward guidelines and protections for freedom of expression, the legal system can ensure that the media can fulfil its essential role in informing the public without fear of reprisal.

However, some argue that repealing the DSA would leave a legal vacuum, as there would be no other law to deal with cybercrimes and prevent malpractice in journalism. This is where amending the Penal Code and strengthening the Press Council come in. 

Amending the Penal Code

One alternative to the DSA is to amend the existing Penal Code to address some of the concerns that were addressed in the DSA. The Penal Code of 1860 covers a wide range of crimes that can take place in society. Some might say, it's an old law; how can it deal with 21st-century offences like cybercrimes and others? 

The answer is an amendment to the Penal Code. The chapters of the Penal Code criminalise offences relating to religion, elections, public servants, offences affecting the human body, offences against property, defamation, and more. Including an additional chapter addressing cybercrimes can address the lack of legislation concerning such offences.

The government can provide clear definitions of crimes and ensure consistency with international human rights standards by amending the Penal Code. One way to achieve this is by including a provision that protects journalists and other media workers from criminal prosecution related to their reporting. Such a provision could define the scope of free expression and safeguard journalists from being unfairly targeted for their reporting.

Amending the Penal Code could also provide more procedural safeguards for those accused of speech-related offences. For example, the government could require that police obtain a warrant before arresting someone for a speech-related offence. This would help to ensure that individuals are not subject to arbitrary detention.

However, certain provisions in the current Penal Code can be utilised to handle false information, defamation, and offences against the state without the need for any amendments.

Operationalising the Press Council Act

The Press Council Act of 1974 presents another option to address the issues related to media regulation without resorting to the DSA. The council established under this law has been granted ample authority to regulate the media.

The Press Council can inquire into any complaints received regarding journalistic ethics, professional misconduct, or a breach of the code of journalistic ethics by a newspaper, news agency, editor or journalist. The Council can warn or censure parties after a hearing and may require newspapers to publish inquiry reports. They cannot act if the matter is in court and their decision is final. All of these provisions are in Section 12 of the Act.

Believe it or not, the Council has been given the power of a civil court, as mentioned in Section 13. The Council can summon the required documents and receive evidence. The Council can issue commissions and inquiries held are considered judicial proceedings. However, the Council cannot  orce the disclosure of news sources.

If the government strengthens the Press Council, it can regulate the media more effectively. This would improve media professionalism and ethics in Bangladesh, leading to a more vibrant and free media environment.

Creating a special law for each crime is not a good idea because it can lead to a complex and confusing legal system. It can also result in inconsistency and arbitrariness in applying the law. Having too many laws can also weaken individual rights and freedoms and place an undue burden on the justice system.

For this reason, amending the Penal Code and strengthening the Press Council are viable alternatives to the Digital Security Act to protect freedom of expression and human rights in Bangladesh.


Sketch:TBS
Sketch:TBS

Saiful Bari is a Legal Researcher.


Disclaimer: The views and opinions expressed in this article are those of the authors and do not necessarily reflect the opinions and views of The Business Standard.

 

Features

DSA / Digital Security Act

Comments

While most comments will be posted if they are on-topic and not abusive, moderation decisions are subjective. Published comments are readers’ own views and The Business Standard does not endorse any of the readers’ comments.

Top Stories

  • Around 99% of the cotton used in Bangladesh’s export and domestic garment production is imported. Photo: Collected
    NBR withdraws advance tax on imports of cotton, man-made fibres
  • The fire originated at 10:40pm on the 21th floor of the building. Photo: Collected
    Fire at Sena Kalyan Bhaban in Motijheel under control
  • Chief Adviser Professor Muhammad Yunus presided over a meeting of the National Consensus Commission at the State Guest House Jamuna yesterday (17 July). Photo: UNB
    CA Yunus stresses transparency in finalising July Charter

MOST VIEWED

  • Bangladesh Bank buys $313m more in second dollar auction in three days
    Bangladesh Bank buys $313m more in second dollar auction in three days
  • Representational image. File Photo: Syed Zakir Hossain/TBS
    Malaysia grants Bangladeshi workers multiple-entry visas
  • The Chattogram Custom House building in Chattogram. File Photo: Collected
    Software slowdown disrupts customs operations nationwide
  • NCP leaders are seen getting on an armoured personnel carrier (APC) of the army to leave Gopalganj following attacks on their convoy after the party's rally in the district today (16 july). Photo: Focus Bangla
    NCP leaders leave Gopalganj in army's APC following attack on convoy, clashes between AL, police
  • Renata’s manufacturing standards win european recognition
    Renata’s manufacturing standards win european recognition
  • The supporters of local Awami League and Chhatra League locked in a clash with police following attacks on NCP convoy this afternoon (16 July). Photo: Collected
    Gopalganj under curfew; 4 killed as banned AL, police clash after attack on NCP leaders

Related News

  • Cyber Security Ordinance: When the law fails to define, anything can be considered a crime
  • BNP leader Hafiz Uddin exempted from charges in DSA case
  • Rise and fall of Bangladesh's internet law
  • 'Shishu Bokta' Rafiqul Islam acquitted from 4 DSA cases
  • In DSA's 5 years, 40% cases filed for 'slanders' against Hasina regime

Features

Illustration: TBS

20 years of war, 7.5m tonnes of bombs, 1.3m dead: How the US razed Vietnam to the ground

3h | The Big Picture
On 17 July 2024, Dhaka University campus became a warzone with police firing tear shells and rubber bullets to control the student movement. File Photo: Rajib Dhar/TBS

17 July 2024: Students oust Chhatra League from campuses, Hasina promises 'justice' after deadly crackdown

10h | Panorama
Abu Sayeed spread his hands as police fired rubber bullets, leading to his tragic death. Photos: Collected

How Abu Sayed’s wings of freedom ignited the fire of July uprising

2d | Panorama
Illustration: TBS

Open source legal advice: How Facebook groups are empowering victims of land disputes

3d | Panorama

More Videos from TBS

Why the conflicting claims over Gopalganj autopsies?

Why the conflicting claims over Gopalganj autopsies?

3h | TBS Stories
Gopalganj violence in international media

Gopalganj violence in international media

4h | TBS World
The Philippines has become a laboratory for China's disinformation propaganda

The Philippines has become a laboratory for China's disinformation propaganda

4h | TBS World
Gopalganj clash: Army urges not to be misled by rumors

Gopalganj clash: Army urges not to be misled by rumors

6h | TBS Today
EMAIL US
contact@tbsnews.net
FOLLOW US
WHATSAPP
+880 1847416158
The Business Standard
  • About Us
  • Contact us
  • Sitemap
  • Advertisement
  • Privacy Policy
  • Comment Policy
Copyright © 2025
The Business Standard All rights reserved
Technical Partner: RSI Lab

Contact Us

The Business Standard

Main Office -4/A, Eskaton Garden, Dhaka- 1000

Phone: +8801847 416158 - 59

Send Opinion articles to - oped.tbs@gmail.com

For advertisement- sales@tbsnews.net