“Fake news” is a serious issue in the era of digital media. Almost every nation is currently struggling to address this issue. However, bogus news on Facebook and other social media causes communal attacks, riots, and deaths in multiple countries, including Bangladesh.
In the past few years, there have been many incidents in Bangladesh that have prompted by Facebook comments and images. Later on, however, there is sufficient evidence to cast doubt on the accuracy of these pictures or comments. In Bangladesh, communal attacks are more prevalent. Religious hate speech, defamation, and rumors on Facebook caused many riots in Bangladesh, which resulted in killing and vandalizing.
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In 2012, when Bangladesh began using Facebook, the extremely rapid dissemination of a rumor on Facebook drew attention to Bangladesh. Since then, Facebook in Bangladesh has become a popular instrument for spreading rumors. Therefore, Bangladesh frequently encounters multiple crises involving rumors. Few of the most discussed incidents are-
The background of Digital Security Act
Bangladesh has a long history of rumor culture. Bangladesh faces persistently severe problems with the dissemination of rumors on Facebook and other virtual platforms. In Bangladesh, numerous rumors have caused a severe social crisis and casualties. In light of these circumstances, the “Digital Security Act of 2018” was enacted. This act was enacted to prevent the spread of racism, sectarianism, extremism, terrorist propaganda, and hatred against religious or ethnic minorities via social media, print media, and other electronic media.
What is Digital Security Act (DSA)?
The DSA is an Act to make provisions for ensuring digital security and identification, prevention, suppression and trial of offences committed through digital device and other related matters. DSA replaced the disputed Section 57 of the Information and Communication Technology Act, 2006. The Digital Security Act was created to combat online crimes that degrade law and order and incite against individuals or organizations.
The Act includes a jail sentence of up to 14 years for any “propaganda or campaign against liberation war, cognition of liberation war, father of the nation, National Anthem or National Flag” (Section 21). Section 31(1) provides that a person may be jailed for up to 10 years if the “destroy any communal harmony or create unrest or disorder”.
The Digital Security Act of 2018 provides law enforcement agencies with broad authority to investigate, examine, and arrest individuals suspected of committing cybercrimes or violating the terms of the Act. It criminalizes encouraging propaganda, defaming people or the state, damaging religious feeling, and promoting violence online. In addition, it contains provisions regarding hacking, identity theft, cyberterrorism, and pornography.
The 2018 Digital Security Act contains a total of 22 sections that address offenses and penalties.
Other countries with similar acts
Not only Bangladesh, but also other nations have enacted similar legislation to combat the spread of false propaganda, cybercrimes and consequent casualties.
India: In 2000, India enacted the Information Technology Act, which has been amended multiple times to combat cybercrime and ensure online security. The law contains provisions concerning the regulation of online content, the prevention of cybercrime, and the preservation of essential digital infrastructure.
Singapore: Singapore’s 1993 Computer Misuse and Cybersecurity Act regulates computer-related crimes. The act includes offenses such as unauthorized computer system access, computer-related fraud, and cyber terrorism.
The United States: The Homeland Security Act was implemented in 2002 in response to the terrorist attacks of September 11, 2001. The act established the Department of Homeland Security to safeguard the US from terrorist attacks, natural disasters, and other security risks. In addition, the act established a number of programs and agencies to coordinate and manage homeland security efforts at all levels of government.
France: In 2015, France passed the Intelligence Law, which intended to improve the government’s capacity to prevent and respond to terrorist attacks. The law expanded the government’s ability to conduct surveillance and gather intelligence on potential threats, and it created new terrorism-related criminal offenses.
The need of DSA in Bangladesh
Bangladesh has countless online platforms. Online journalism’s rapid expansion feeds rumors and fake news, as most web portals are controlled by incompetent and ignorant individuals without news sense. Rumors and false reports propagate because the web portal lacks digital security. When a rumor is reported as news, no one contests its accuracy. Hence, without a digital security legislation, false information can propagate online easily.
Opportunistic quarters, both domestic and foreign, exploit crucial situations by circulating misleading information to stir discontent. Political culprits also disseminate rumors to avenge political rivals and disrupt social order to put the ruling party in an unpleasant position. Fake news spreads in Bangladesh due to public suspicion, ignorance, and lack of interest.
Fake news spreads in Bangladesh due to public suspicion, ignorance, and lack of interest
Rumors and fake news are spreading mostly through Facebook in Bangladesh and around the world. Disseminating false information online has far-reaching consequences. The effects of false propaganda on society are severe, as demonstrated by the preceding evidences.
The Act enables law enforcement to investigate and prosecute cybercriminals. It allows authorities to inspect, detain, and confiscate electronic devices related to cybercrimes, speeding up investigations. This can deter cybercriminals and ensure that they are held accountable for their actions, contributing to the security of the digital space in Bangladesh as a whole.
The Digital Security Act of 2018 provides a legal mechanism for preserving the reputation and dignity of both individuals and the state. It criminalizes defamation and distributing false information, preventing the dissemination of rumors, misinformation, and fake news that might provoke social turmoil or damage reputations. This promotes responsible digital citizenship by encouraging responsible digital communication.
The Buddhist temple attack in Ramu and casualties
In one of Bangladesh’s worst religious attacks, many individuals burned and vandalized several Buddhist houses in Ramu, Cox’s Bazar, on September 29, 2012. It was abruptly reported that a young Buddhist from a local computer shop had insulted Islam, the Quran, or the Prophet on his Facebook page.
A Buddhist temple in Ramu was destroyed by fire. 19 Buddhist temples were destroyed or damaged at that time by members of the Muslim community. Numerous Buddhist homes were attacked, vandalized, and burned. The village of Ramu Upazila in the district of Cox’s Bazar was the most afflicted. Additionally, this incident extended to Ukhia and Teknaf.
After the attack, relations between the Buddhist and Muslim communities in the region became worrisome.
Nineteen cases were filed in Ramu, Ukhia, and Teknaf related to this attack. This fanatic zealot was prompted by a local Buddhist, Uttam Kumar Barua, being identified in a Facebook photo of a burning Quran; the young man has not been located since.
The Hindu community attack in Nasirnagar and casualties
Six and a half years ago, this was one of the incidents that caused a commotion across the country. On October 30, 2016, 15 Hindu temples and around 500 dwellings in Nasirnagar Upazila Sadar were attacked, destroyed, and set on fire after a young man named Rasraj Das’s ID posted a derogatory photo. That day’s attack followed the same pattern as Ramu temple’s.
At least five Hindu temples and several homes were vandalized in Nasirnagar as a result of an alleged anti-Islam Facebook post. The villagers were outraged by the alleged publication of the image from a Facebook profile in his name. Rasraj was accused of affixing an image of the Hindu deity Shiva to the Muslim Kaaba. On the same day, locals captured Rasraj Das, attacked him, and turned him over to the police.
However, the situation did not end there as frustrated crowd suddenly gathered and began attacking Hindu homes in Nasinagar. In eight Hindu communities, at least three hundred houses, temples, and god and goddess idols were vandalized on the first day. The home of Rasraj was also vandalized.
The defendant was released on parole after claiming he did not know how to use Facebook. In the meantime, while investigating the Nasirnagar incident, Police Bureau of Investigation (PBI) investigators discovered that a man named Jahangir Alam was behind the post. Jahangir confessed it in his confessional statement given under Section 164 following his arrest on November 28 of last year.
Sayeedi on the Moon!
In March 2013, a picture of convicted war criminal Delawar Hossain Sayedee superimposed on the face of the moon and put on the Jamaat-Shibir Facebook page “Basherkella” was sold to a lot of people as an omen. And that sign, for those people, was a call to fight the government and free Sayedee, a top Jamaat leader, at any cost.
This “divine” Facebook image, posted by a Faridpur resident named Carbon Tasnima, was distributed by Jamaat-Shibir activists via mobile phones and computers.
Mosque loudspeakers were used to proclaim the image in order to attract the attention of those who do not have internet access.
That particular fabricated photo caused casualty in a national level. Nine police outposts, four police stations, and more than one hundred government and private establishments were attacked by the criminals. In addition, they attacked the Nandigram Upazila Parishad and set fire to seventeen government institutions. At least eleven people, including women and children, were murdered in the chaos unleashed by leaders, workers, and supporters of Jamaat-Shibir.
Criticism
Human rights organizations, media, and civil society had mixed opinions to Bangladesh’s Digital Security Act 2018, which was introduced in response to rising cybercrime and internet security concerns.
The prospective impact of the Digital Security Act of 2018 on freedom of expression and freedom of the press is one of its most controversial aspects. Critics assert that the Act contains vague and excessively broad provisions that can be used to silence dissent and independent journalism. Furthermore, the law allegedly can be used to abuse and mistreat individuals. The Act authorizes law enforcement agencies to make warrantless arrests of individuals suspected of violating the Act, and it imposes severe penalties, including fines and imprisonment, for violations. This has raised concerns regarding power abuse, selective enforcement, and violation of the right to due process.
Section 43 of the new Digital Security Act allows police in Bangladesh to arrest an individual if they believe a crime has been or is being committed, or if there is a potential that crimes will be committed or evidence will be destroyed. This provision has received the most criticism.
Lack of privacy and data protection measures is another issue. The Digital Security Act 2018 allows authorities to intercept and monitor emails, chats, and social media posts without a warrant. This raises privacy and government spying issues.
In addition, section 31 of the Act details the expressions that promote hostility or disturb communal harmony. Section 28 again criminalizes religiously offensive speech. Section 31 allegedly limits Section 28 to ideological constraints. It also claimed to contradict secularism, “a guide to the interpretation of the constitution.”
Despite criticism, the Digital Security Act 2018 is important to combat cybercrime and preserve national security in the digital era. The Act is designed to prevent illegal activities such as disseminating fake news, inciting violence, and defaming individuals, and it equips law enforcement agencies with the resources necessary to investigate and prosecute offenders.
Government ready to reform the law to stop abuse and misuse of the Act
Since the misuse and abuse of the Digital Security Act have been widely discussed, Law Minister Anisul Huq has stated that the government is on high alert to prevent the misuse and abuse of the Digital Security Act, and he has guaranteed that the law will be amended if necessary.
“At the same time, our government has been discussing good practices of the Digital Security Act with different countries. Besides, civil society representatives are also being consulted about the law,” he stated.
He added, “The misuse of this act has decreased a lot due to the effective initiatives of Prime Minister Sheikh Hasina’s government.”
Anisul Huq confirmed that the government of Bangladesh is striving to pass a data protection law. “A draft of the proposed law has been published recently. The government is discussing it with various stakeholders,” the minister said. In addition, the government talked with both national and foreign stakeholders to discuss potential modifications to DSA in March.
Anisul, referring to the recent uproar over the arrest of Samsuzzaman Shams, a reporter of a popular bangla daily, in the case filed under the Digital Security Act (DSA), stated, “There is no scope of saying or thinking something fresh about DSA as the incident took three days ago. This act was misused or abused a little, and we have acknowledged it and we are discussing the matter with the office of the United Nations high commissioner for human rights for making some changes to it.”.
The minister said, “If necessary, changes will be made, but it is clear that the Digital Security Act is essential.” This was in response to a technical note, which is currently being examined and reviewed by the government.
Recognizing the misapplication of the DSA, the law minister said: “It is sad but true that I saw many misuses and abuses of the act after its enactment.” “Many file cases under the DSA from the tendency of implicating and landing someone in jail for a few days,” Anisul Huq said, touching on one of the ways of its abuse.
The minister of law also stated that no case filed under the DSA would be accepted until a cell tasked with determining the validity of the allegations admits its legitimacy. In addition, he stated that the procedure for introducing amendments to any act, to the law, must not be based on arbitrary demands and must exhaust all possibilities for achieving improved results through rule changes. “Only then should it proceed to an amendment. That process is now underway in the matter of DSA”, he said.
Freedom of expression is essential for the institutionalization of a democratic culture. It shields objectionable expressions from unwarranted government control and establishes a free market for ideas. However, if there is no law protecting true and false incidents, it is difficult to halt rumors in the name of free expression. The Digital Security Act of 2018 in Bangladesh may be controversial, but it contains a number of positive provisions that aim to protect the digital landscape, combat cybercrime, and secure the rights of citizens. The Act can contribute to a safer, more secure, and more accountable digital environment in Bangladesh by providing a legal framework with necessary law changes, empowering law enforcement agencies, and advocating responsible digital communication.
