Govt, UNHRC in talks over DSA issue: Law Minister

The government has started dialogue with the United Nations Human Rights Council (UNHRC) to clear its position over the much-talked about Digital Security Act 2018.
"We are in discussion with the UN body to know and appraise it of our position over the DSA issue. We are also eager to know the position of other developing countries over 'the freedom of speech' and 'freedom of expression' issues from them," Law, Justice and Parliamentary Affairs Minister Anisul Haque told the Daily Observer on Monday.
He said DSA is required to protect persons and institutions, except some few areas it cover all corners of the penal code, no law can be enacted against Bangladesh's Constitution that categorically protect Human Rights in any form, the Minister claimed.
"Yes, we are reviewing the 'abuse' and 'misuse' of the DSA (if any) and obviously we have picked up the issue," the Law Minister remarked.
According to sources the Law Ministry has made the move following widespread criticism at home and abroad after the death of writer Mushtaq Ahmed in jail, who have been arrested under DSA almost eight months back.
The United Nations Human Rights Council is a United Nations body whose mission is to promote and protect human rights around the world. The UNHRC has 47 members elected for staggered three-year terms on a regional group basis. Bangladesh is a signatory to the body.
On February 24 last year, the High Court issued a rule asking the government to explain why sections 25 and 31 of the Digital Security Act should not be declared unconstitutional. The journalist community has demanded immediate amendment of the Act, especially sections 25 and 31
The court came up with the ruling following a writ petition      jointly filed on January 19 last year by nine people, who said the two sections imposed a blanket prohibition on publication of materials and thus violate the fundamental rights of freedom of speech and expression guaranteed under article 39 of the Constitution.
Journalists, social activists and members of the civil society have opposed the DSA from the very start, fearing that it will be used as a weapon to suppress freedom of the media and freedom of expression. They demanded that the Act be reviewed and amended with more clarity.
UK-based Article 19 in its annual report said in 2020, as many as 457 people of all professions were prosecuted and arrested in 198 cases filed under the Digital Security Act, of this figure, 75 were journalists, while others included teachers, students, folk musicians and cultural artists among others. Nearly half of the journalists prosecuted, 32, were arrested.
Society for Media and Suitable Human-communication Techniques (SoMaSHTe) recommended immediate amendment of the Act, especially sections 25 and 31. It said the DSA prevents journalists from reporting on many issues. Self-censorship is common among journalists and sections 25 and 31 of the DSA are particular barriers for the free press.
According to section 25 (1) of the act, "If any person using a website or any digital device-(a) deliberately or knowingly distributes any information or data that is attacking or intimidating in nature, or if a person publishes or distributes any information despite knowing that it is false to irritate, humiliate, defame or embarrass or to discredit a person. (b) Damages the image and reputation of the State or spreads confusion or with the same purpose publishes or distributes fully or partially distorted information or data despite knowing that it is false, and if any one assists in such actions then all such actions of the individual will be considered a crime".
Section 31 says, "If a person deliberately publishes or broadcasts via a website or any digital platform anything that creates enmity, hatred or acrimony among different classes or communities, or upsets communal harmony, or creates unrest or chaos, or causes or begins to cause deterioration in law and order, then that activity of the said person will be considered a crime."
 "Any complaint under DSA almost automatically leads to arrests. Recently photojournalist Kajol was handcuffed while being produced in court. Simple criticism of lawmakers, district administrations and people in power are behind most of the recent cases," a Sampadak Parishad statement said recently.
 "Our fear is now a nightmare-reality for the mass media. We consider the recent suing and arrest of journalists as clear threats to freedom of press and freedom of expression. We demand immediate release of all journalists and withdrawal of all cases against them. We condemn the frequent and indiscriminate use of DSA against the media and common citizens and demand that the Act be repealed," reads the statement.
However, data from Article 19 shows that 33 of the complainants either held posts in the ruling party Awami League and/or were parliamentarians, upazila parishad chairpersons or mayors. Eight of the cases were filed by law enforcers.
The DSA was passed in parliament on September 19 in 2018. The journalist community has since been protesting it and demanding that several sections be amended to safeguard freedom of the press.