The Editors’ Council has expressed deep concern over the passing of the Cyber Security Act-2023 in the National Parliament, despite strong objections.
In a statement released on Wednesday, the council highlights that this development only reaffirms the concerns previously voiced by media members, including the Editors’ Council, regarding this legislation.
While the new law repeals the Digital Security Act and introduces reduced penalties and reformed sections, it essentially amounts to a cosmetic change.
The Cyber Security Act, in its current form, still contains elements that erode freedom of speech, the right to expression, and media freedom, the statement said.
The Editors' Council is specifically calling for amendments to nine sections (8, 21, 25, 28, 29, 31, 32, 43, and 53) of the Digital Security Act, as these would significantly impede independent journalism and expression.
Notably, while seven sections of the Cyber Security Act have been amended to address penalties and bail conditions, the definition of cybercrimes remains unclear.
Sections 21 and 28 of the Digital Security Act have been contentious due to their adverse impact on freedom of expression, both nationally and internationally.
These provisions have often been used to target political opponents. By retaining these sections while reducing penalties, there remains ample room for arbitrary application and misuse of the Act.
The Cyber Security Act, if enacted, would grant law enforcement extensive powers under Section 42 to search suspects without a warrant, seize assets, including computer network servers, and make arrests.
This effectively confers quasi-judicial authority to the police, an arrangement that is deemed unacceptable.
Furthermore, four sections of the Act would be made non-bailable, and the maximum penalty for cyber-related offenses would include 14 years of imprisonment and a fine of Tk1 crore.
The Editors’ Council acknowledged the necessity of addressing crimes committed through digital or cyber means but argued that since the Cyber Security Act closely mirrors the provisions of the Digital Security Act, its implementation could potentially be misused to target journalists and restrict press freedom once again.
Consequently, the council views the Cyber Security Act as primarily a regulatory law, offering little substantive change in its current form.
