CYBER SECURITY ACT

No jail terms in defamation cases, old cases to continue

Law Minister Anisul Huq on Monday said that the proposed Cyber Security Act 2023, which will replace the Digital Security Act (DSA) 2018, will not have jail terms for defamation cases.

"One of the important things is that there was a provision of jail and fine in defamation cases. It has been proposed to remove the jail provision and keep only the provision of fines," the minister told reporters.

Earlier in the day, the Cabinet approved the draft of the new law.

"It (the Digital Security Act) cannot be called invalid, as there are many provisions of the old law in the new one. We have amended many sections of the DSA,” the law minister said.

He added: "Prime Minister Sheikh Hasina’s government is working as a listening government. That is why this decision has been taken.”

Earlier, the minister said that the DSA could not be repealed, and the government is working to prevent its misuse.

The DSA was enacted on October 8, 2018, after repealing the Information and Communication Technology Act, of 2006 (amended in 2013), with the aim of preventing the spread of racism, sectarianism, extremism, terrorist propaganda, and hatred against religious or ethnic minorities through social media, print media, or any other electronic media. 

However, since its inception, the DSA has been criticized heavily for targeting journalists, opposition activists and individuals mostly for alleged defamation. 

Attorney General: All DSA cases will continue

Attorney General AM Amin Uddin welcomed the decision to change the DSA and make a new law. Talking to reporters at his office yesterday, he said that the ongoing cases under the DSA would not be cancelled and the trials would continue according to the previous law.

A saving clause is provided when a law is repealed or amended, the attorney general said. 

“In cases which are pending, it is to be assumed that the Act has not been abrogated. The same has happened for all the laws that have been repealed or amended,” he added.