HC issues rule on sections 25, 31 of Digital Security Act 2018

The High Court on Monday issued a rule asking the authorities concerned to explain why sections 25 and 31 of the Digital Security Act, 2018 should not be declared illegal and unconstitutional.

The bench of Justice Sheikh Hassan Arif and Justice Md Mahmud Hasan Talukder came up with the rule after hearing on a writ petition, reports UNB.

Secretaries to Ministry of Law and Information and others concerned have been asked to respond to the rule within four weeks, said petitioner’s lawyer Advocate Mohammad Shishir Monir.

Earlier on January 19, Mohammad Abdullah, secretary general of Bangladesh Federal Journalist Union (BFUJ), Supreme Court lawyers Md Asad uddin, Md Asaduzzaman , Md Zubaidur Rahman, Md Mohiuddin Molla, Md Muzahidul Islam and associates professors of Dhaka University Dr Mohammad Ismail, Dr Md Kamruzzaman and Dr Md Rafiqul Islam filed the writ seeking an order for declaring four sections – 25, 28, 29 and 31 – of the Digital Security Act 2018 illegal. 

According to section 25,  (1) If any person in any website or through any digital medium (a) Intentionally or knowingly sends such information which is offensive or fear inducing, or which despite knowing it as false is sent, published or propagated with the intention to annoy, insult, humiliate or denigrate a person or

(b). Publishes or propagates or assists in publishing or propagating any information with the intention of tarnishing the image of the nation or spread confusion or despite knowing it as false, publishes or propagates or assists in publishing or propagates information in its full or in a distorted form for the same intentions, Then, the activity of that person will be an offense under the Act.

According to section 31, (1) If any person intentionally publish or broadcast any kind of file in any website or digital format which will create hostility, hatred or adversity among people or destroy any communal harmony or create unrest or disorder or deteriorates or threatens to deteriorate the law and order then that activity of that person will be considered as an offence.