In a decisive shift from the past, the interim government’s newly drafted Cyber Protection Ordinance, 2024 brings about crucial changes that aim to safeguard freedom of speech while tightening penalties for cybercrime.
The interim government’s advisory council on November 7 endorsed the annulment of the Cyber Security Act, paving the way for the new Cyber Protection Ordinance.
On the same day, the advisory council in its meeting chaired by Chief Adviser Dr Muhammad Yunus gave provisional approval to a draft of the Cyber Security Act (repeal) Ordinance, 2024.
Seven controversial provisions omitted in the first draft of the Cyber Protection Ordinance include penalties related to hate, misinformation and defamatory propaganda about the Liberation War, its spirit, Sheikh Mujibur Rahman, the national anthem and the national flag.
The others are for impersonation or disguise, which criminalizes using false identities online; sending or publishing aggressive, false or threatening information, including harmful or malicious content; unauthorized collection or use of identification data, which involves the misuse of personal or private data; broadcasting without permission, which penalizes unauthorized dissemination of information; unlawful search, seizure and arrest without a warrant, which allows certain security measures without legal authorization; and publishing or disseminating defamatory or harmful information, including content that can damage someone's reputation.
The draft also introduces new provisions targeting cybercrimes, including blackmail and the publishing of obscene content, along with restrictions on who can file complaints.
This move comes in response to widespread criticism of the previous law, often seen as a tool for political repression.
Notably, the law would restrict the filing of complaints to only those directly aggrieved or law enforcement agencies, addressing concerns over the misuse of the law for political gain.
Moreover, with the exclusion of the Cyber Security Council and some other previously included provisions, the new ordinance signals a shift away from the broad and often vague definitions that characterized the old law.
Earlier this year, a study conducted by the Centre for Governance Studies (CGS) revealed disturbing trends in the enforcement of the Digital Security Act, the Cyber Security Act’s precursor, highlighting the fact that a significant proportion of those accused were politicians and journalists.
The CGS research reveals that of the 1,436 cases analyzed, 338 were filed by individuals connected to political parties, while 577 cases lacked identifiable complainants.
The report found that over 78% of the complainants were affiliated with the Awami League, raising concerns about the political use of the law.
Law Adviser Prof Asif Nazrul recently said the new law would not criminalize speech, adding that the focus would solely be on computer-based crimes linked to cyber security, with punishments applying only to offences in that realm.
