A Critical Analysis of the Cyber Security Act 2023 in the Light of the Constitutional Rights of the People.
Abstract
The Government of the People's Republic of Bangladesh enacted the Cyber security Act,
2023, on September 18, 2023, which repeals the Digital Security Act, 2018. Cyber
security law is designed to safeguard national security and public safety. But it arguably
raises a question: whose security is being emphasized? Although this act seeks to
mitigate cyber risks and protect web infrastructure, in some instances, they also give
governments an opportunity to control digital environments at the cost of individual
liberties. This happens due to broad provisions and ambiguous phrasing in such
legislation. In the name of monitoring individuals without sufficient accountability this
act diverts attention from public safety to governmental authority. Therefore, good
cyber security laws must be balanced, safeguarding both state interests and individual
rights. This paper intends to carefully analyze the Cyber Security Act 2023 (CSA 2023) of
Bangladesh. It emphasizes the effects of CSA on freedom of speech, privacy, and public
confidence. This article also compares various worldwide cyber security frameworks to
evaluate how Bangladesh’s cyber security laws may inadvertently impede individual
rights. Findings suggest that although the CSA 2023 implements strategies to improve
cyber safeguards. This study indicates the need for amendments to harmonize
Bangladesh’s cyber security legislation with international norms.
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