HRSS calls for revision of controversial sections of the proposed cyber security law

The human rights organisation Human Rights Support Society (HRSS) has welcomed the initiative to prevent cybercrime in the proposed amendments to the cyber security law, but called for several controversial sections to be reconsidered and revised. The organisation's executive director, Ijajul Islam, made the call in a press release on Thursday (12 November).

The release said there are concerns over sections 8(2), 25Ka, 25Kha, 26Ka, 29, 46 and 46Ka of the proposed law, along with provisions on investigation, search, seizure of digital devices and arrest.

According to the organisation, if online content can be blocked or removed without proper judicial oversight, it may obstruct freedom of expression and the right to information.

HRSS believes that treating defamation in cyberspace as a criminal offence could create a risk of harassing cases against journalism, investigative reporting and criticism of the government. In such cases, civil remedies should be prioritised over criminal punishment.

The organisation also called for the definitions of offences relating to disparagement, bullying, rumours and disinformation to be made specific. Vague definitions could lead to misuse of the law against political satire, cartoons, social criticism and peaceful dissent, HRSS warned.

The release further said that a provision to cancel the licence or activities of an institution for an offence could negatively affect the independent work of news media and civic organisations. Likewise, the proposal to make expression-related offences cognisable and non-bailable also needs reconsideration.

HRSS called for the proposed law to be made consistent with Article 39 of the Constitution and international human rights standards. Its recommendations include dropping the criminal provision for defamation in favour of civil remedies, clarifying the definitions of rumour and disinformation offences, ensuring protection for investigative journalism and criticism of the government, and keeping judicial approval and a right of appeal in the removal of online content.

It also recommended ensuring court oversight in searches, seizure of digital devices and arrests, making the National Cyber Security Council independent and multi-stakeholder, and providing compensation for citizens who suffer abuse of power.

HRSS called for meaningful discussion with human rights organisations, journalist organisations, legal experts, technologists and civil society representatives before the law is finalised. The release said digital security and freedom of expression are not opponents of each other. It must be ensured that preventing cybercrime does not create scope for suppressing dissent, controlling journalism, harassing citizens or violating personal privacy.