There are no two ways about it: The Digital Security Act is an opaque and overbroad law that does all the harm we feared it was capable of and precious little of the actual good that it is supposed to.
Routinely used to target journalists and the media, it is clear that the DSA needs significant reform and reformulation to ensure that it is fit for purpose: To ensure security for a nation that is increasingly becoming digital.
With this in mind, two recent statements made by the government offer a glimmer of hope as they express some leeway being offered in terms of the DSA undergoing amendments, with both the foreign minister and the law minister acknowledging misuse and pledging to fix it.
To that end, we urge the government to sit down with the relevant stakeholders and to reformulate the law in such a way that it can be effective but that does not impinge unduly on media freedom.
We agree with the government that laws that protect citizens in the digital sphere are incredibly important, but the DSA -- and indeed the drafted Data Protection Law -- have far too many components that keep them from protecting anyone but instead end up being open to abuse.
For example, one of the more egregious aspects of the DSA concerns how it handles bail -- 14 of the 20 causes of action contemplated by the law are non-bailable, and even where bail is available, it is routinely denied.
Laws pertaining to digital security and the protection of one's data cannot afford to have either vague or overbroad provisions or ones that are open to abuse. They need to be clearly laid out and any punitive measures must be proportionate and handed only to those who cause genuine malfeasance. On that count, the DSA misses the mark.
The good news is that it would not be hard to craft an amendment which leaves media freedom unscathed while protecting digital security, as is necessary.
The even better news is that the government has shown willingness to sit down and work together with other stakeholders to find a solution. This is the way forward.