Cyber Security Act aims to stop cybercrime, not curtail freedom of speech: Law minister
Regarding the criticism that the Cyber Security Act is an old wine in a new bottle, the law minister said those who say this do not understand the law properly. There are many changes in the proposed law
Law Minister Anisul Huq has said the Cyber Security Act intends to combat cybercrime, not curtail freedom of speech.
"The Cyber Security Act is not being enacted to curtail freedom of speech or freedom of press. Our mission is to stop cybercrime," said the law minister at a press conference on "Digital Security Act 2018 Replacement and Proposed Cyber Security Act 2023" today.
Regarding the criticism that the Cyber Security Act is an old wine in a new bottle, the law minister said those who say this do not understand the law properly. There are many changes in the proposed law.
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"The term 'digital' has been replaced by the word 'cyber' because its scope is much wider. The act contains 60 sections," he added.
In the new law, many sentences have been reduced and in some cases, withdrawn, he added.
Asked about the fate of the ongoing cases filed under the Digital Security Act, the law minister said, "I will not comment on pending cases under the Digital Security Act. An offence shall be prosecuted under the laws existing at the time when it was committed.
"Our constitution says a new law will not be effective for old cases if the punishment in it is harsher. However, it does not specify if less severe sentences as per a new law can be enforced or not. So, we will take steps to ensure that the court takes cognisance of the new law, because the punishments and fines in it are relaxed."
Asked about the provision allowing search, seizure, and arrest without warrant in the proposed Act, he said, "It is a provision for emergency situations. Law enforcers will be held accountable if they abuse even this special provision."
Recently, the police were seen checking personal devices in the buses. Asked if the new law ensures people's privacy in such situations, the minister said there is no provision in the law that allows searching devices in buses.
If cops check devices violating the laws, action can be taken against them as per other laws as well. There is no provision to let go of a police official who does something wrong, said Anisul Huq.
The law minister also said they will consider if measures against harassing people by filing false cases can be included in the Cyber Security Act.
Sections 17, 19, and 33 of the proposed Cyber Security Act are given special importance as they deal with illegal entry into data infrastructure, damaging computers systems, and hacking, respectively, said the minister.
On maximising the fine for "publication, transmission, of defamatory information" from Tk5 lakh in DSA to Tk25 lakh in Cyber Security Act, he said it is not likely that all the people committing these crimes will be slapped with the maximum fine. The fine ranges from Tk0.01 to Tk25 lakh.
The draft of the Cyber Security Act was posted on the Digital Security Agency website on 9 August and people can comment on this draft for the next two weeks, the law minister said. The opinions will be sent to the ICT Department's Policy Wing.
