Digital Security Act: A Study on the Situation of Press Freedom

Abstract

The Digital Security Act 2018 of Bangladesh currently being discussed in the country, for its compliance with international freedom of expression standards. As a state party to the International Covenant on Civil and Political Rights, Bangladesh must ensure that any of its laws attempting to regulate electronic and Internet-based modes of expression comply with international standards on freedom of expression. Hence, this analysis highlights concerns about possible conflicts with international human rights standards within the Act; it also actively seeks to offer constructive recommendations on how the Act can be improved. In particular, this analysis shows that the Act contains several broadly defined speech offences with harsh sentences, that could have a serious chilling effect on the right to freedom of expression online in Bangladesh. The provisions dealing with ‘content-related’ offences in the Act fall well below international standards. The Act also establishes unduly broad offences against computers and other computer-related offences. Moreover, we note that the procedural powers to investigate and prosecute cybercrimes are dangerously overbroad; we also emphasize that, under international human rights standards, all powers conferred upon the police should also be made subject to a court order.