Cyber Security Act to Replace Digital Security Act in Bangladesh

The government of Bangladesh has announced its decision. It will replace the much-debated Digital Security Act (DSA) with the newly approved Cyber Security Act 2023. The cabinet has given its preliminary approval. This paves the way for the transition to a modernized framework for addressing cyber-related crimes. This move aims to address global changes in ICT crimes. It also draws on the five years of experience since the enactment of the DSA.

Why Replace the Digital Security Act?

The Digital Security Act was introduced in 2018 to address ICT-related crimes in Bangladesh. Over the past five years, it has been criticized for alleged misuse and non-bailable provisions. Cabinet Secretary Mahbub Hossain explained why change was necessary. He stated that technological advancements required an updated law. Evolving criminal activities also required an update. Consequently, the Cyber Security Act 2023 was formulated to align with current realities.

Key highlights of the new law include:

• A shift in focus toward bailable offences.
• Increased monetary penalties.
• Creation of the National Cyber Security Agency for oversight.

Amendments Under the Cyber Security Act

The Cyber Security Act 2023 introduces several amendments to address criticisms of the DSA. Notably, 12 sections of the DSA have been modified to make offences bailable. These sections include:

• Illegal Entry: Section 18 reduces the penalty to six months’ imprisonment or a fine of Tk 200,000. Repeat offenders face double the punishment.
• Identity Fraud: Section 24 addresses impersonation crimes with revised penalties.
• Religious Offences: Section 28 now imposes lighter punishments for publishing content that offends religious sentiments.
• Defamation and Data Breach: Sections 29 and 32, formerly non-bailable, are now bailable offences under the Cyber Security Act.

The government has also reduced penalties under six DSA sections while retaining their non-bailable status. These include sections dealing with cyber terrorism, illegal data transfer, and propaganda against national symbols.

Creation of the National Cyber Security Agency

The introduction of the National Cyber Security Agency marks a significant shift in enforcement. This body will replace the existing Digital Security Agency. Its role will include overseeing ICT crime prevention and enforcing penalties under the new framework. Rules will define its powers, offering clearer guidelines than the previous law.

The agency will also focus on modern ICT challenges, ensuring that the law adapts to future developments. This proactive approach reflects a broader focus on maintaining Digital Security in Bangladesh.

Key Differences Between the Acts

Several important differences set the Cyber Security Act apart from the DSA:

1. Bailability: Many previously non-bailable offences, such as defamation, identity fraud, and religious offences, are now bailable.
2. Penalties: Jail sentences have been reduced, but financial fines have increased under some sections.
3. Repeating Offences: Provisions for stricter penalties for repeated offences have been removed.

While the new law emphasizes monetary penalties, certain severe crimes remain non-bailable. Crimes like cyber terrorism and illegal data capture have reduced jail terms.

Addressing Misuse Concerns

The government acknowledges concerns about the misuse of the Digital Security Act. However, officials maintain that the new law reflects current needs. Cabinet Secretary Mahbub Hossain stated that the changes address domestic demands. They also meet international demands for a robust and balanced legal framework.

Despite these adjustments, public opinion on the effectiveness of the Cyber Security Act 2023 remains divided. Observers will likely scrutinize its implementation closely.

Moving Toward Modern Cyber Security

The transition from the DSA to the Cyber Security Act represents a critical step for Digital Security in Bangladesh. By addressing past criticisms and aligning with global standards, the government aims to strengthen protections against cybercrimes.

With the establishment of the National Cyber Security Agency, the country moves toward a more adaptable and effective framework. As the law takes effect, stakeholders will expect transparency and fairness in its enforcement.

The Cyber Security Act is a step toward securing Bangladesh’s digital future. It ensures that the country’s legal systems remain relevant in an ever-changing technological landscape.

Reference: গণপ্রজাতন্ত্রী বাংলাদেশ সরকার & Laws of Bangladesh