Protecting Cyber Security in Bangladesh: Urgent Call to Remove Draconian Provisions in Draft Legislation

Amnesty International Urges Substantial Amendments to Bangladesh‘s Cyber Security Act

The Cabinet’s Approval of the Draft Cyber Security Act

The recent news of the Cabinet’s approval of the final draft of the Cyber Security Act (CSA) in Bangladesh has drawn criticism from human rights organization Amnesty International. The CSA is intended to replace the Digital Security Act (DSA), which has been widely regarded as draconian and repressive. Amnesty International’s interim deputy regional director for South Asia, Nadia Rahman, expressed concerns about the similarities between the two acts and the potential for the CSA to have a detrimental effect on freedom of expression, privacy, and liberty in Bangladesh.

Repressive Features and International Human Rights Law

According to Rahman, the CSA retains many of the repressive features of the DSA, which have been used to threaten and restrict fundamental rights in Bangladesh. The provisions of the CSA are described as overbroad and fail to meet the requirements of legality, necessity, and proportionality. As such, Amnesty International argues that the CSA is incompatible with international human rights law.

The Need for Substantial Amendments

Amnesty International urges the Bangladeshi authorities to substantially amend the draft CSA to align it with international human rights law and standards. Specifically, the organization calls for the CSA to be brought in line with the International Covenant on Civil and Political Rights (ICCPR), to which Bangladesh is a state party.

Rahman highlights the need for meaningful engagement with civil society during the drafting process. She argues that the call for feedback on the CSA draft was merely a formality, as the substantial inputs provided by civil society were not taken into consideration. This lack of inclusion undermines the legitimacy of the lawmaking process and raises concerns about accountability and transparency.

The Importance of Protecting Human Rights

Amnesty International emphasizes that laws should prioritize the protection of human rights, rather than clamping down on criticism. It warns that the CSA has the potential to empower authorities to police permissible expression online, leading to intimidation, harassment, and arbitrary arrests of journalists and human rights defenders. Additionally, the CSA could stifle peaceful dissent and silence critical opinions, further eroding freedom of expression in Bangladesh.

The Timeline and Background

The draft of the Cyber Security Act was published on the website of the Information and Communication Technology (ICT) Department, Government of Bangladesh, on August 9. Stakeholders, including civil society, were invited to provide feedback on the draft. Reportedly, around 900 recommendations were submitted to the ICT ministry.

However, Amnesty International notes that the new draft was placed before the Cabinet merely six days after the deadline for submission of feedback on August 22. On August 30, the Cabinet approved the CSA draft to be presented to the Parliament.

Conclusion: Safeguarding Human Rights in Cybersecurity Legislation

The concerns raised by Amnesty International regarding the Cyber Security Act in Bangladesh highlight the delicate balance between cybersecurity and the protection of human rights. While it is important to have measures in place to address cyber threats and protect vital information, it is equally crucial to ensure that these measures do not infringe upon individuals’ rights to privacy, freedom of expression, and liberty.

Governments must tread carefully when enacting cybersecurity legislation to avoid granting excessive powers to authorities that may be misused to harass or silence dissenting voices. Adequate safeguards, transparency, and inclusive consultation processes are vital to ensure the legitimacy and effectiveness of such laws.

As Bangladesh moves forward with the Cyber Security Act, it is crucial that the concerns raised by human rights organizations like Amnesty International are given due consideration. The draft must undergo substantial amendments to align it with international human rights law and standards, particularly the ICCPR. Only through a balanced approach can Bangladesh effectively address cybersecurity concerns while protecting the fundamental rights of its citizens.

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