The Bangladesh government must repeal or amend the newly amended Information and Communication Technology (ICT) Act because it is being used to assault freedom of expression and freedom from arbitrary detention, the International Commission of Jurists (ICJ) said in a briefing paper released yesterday.
“The original ICT act already served to undermine human rights, but the new amendments make the law nothing short of draconian”, said Sam Zarifi, ICJ’s Asia-Pacific regional director. “The Government has used the newly amended act to try and silence peaceful critics and civil societies like Odhikar, in clear violation of international law,” he also said.
The ICJ analyzed the Information and Communication Technology (amendment) Act 2013, and pointed out its deviations from international law. The ICJ said the amendments made many offences under the act non-bailable, allowed the police to make arrests without a warrant, imposed a severe minimum prison sentence of seven years for offences under the act, and increased the maximum penalty for offences under the law from 10 to 14 years’ imprisonment.
The ICT observed that provisions of the original ICT act, particularly section 57, were also incompatible with Bangladesh’s obligations under Article 19 of the International Covenant on Civil and Political Rights (ICCPR), which Bangladesh ratified on September 6, 2000.
It also observed that the offences prescribed were vague and overbroad; the restrictions imposed on freedom of opinion and expression went beyond what was permissible under Article 19(3) of the ICCPR; and the restrictions were not necessary and proportional in achieving a legitimate purpose.
Zarifi said: “The overbroad, vaguely defined offences – combined with disproportionate penalties – stifle public discourse, especially any criticism of the government.
“With the elections coming up, it is crucial to defend the right to freely express opinions and exchange views – something the ICT act seeks to restrict,” he added.
“The government must immediately take steps to either repeal the act or modify it in line with international laws and standards,” Zarifi added.