The Digital Security Act: A Closer Look at Its Impact in Bangladesh
In recent years, the Digital Security Act (DSA) has become a focal point of discussion in Bangladesh, particularly regarding its implications for freedom of expression and the legal system. A recent report by the Centre for Governance Studies (CGS) sheds light on the alarming statistics surrounding the DSA, revealing that only two percent of individuals accused under this law have seen their cases resolved through court convictions, acquittals, or dismissals. This statistic raises critical questions about the efficacy and fairness of the legal processes associated with the DSA.
Overview of the Data
The CGS report, which meticulously logged cases filed between October 2018 and August 2022, recorded a staggering 1,109 cases under the DSA. Of these, approximately 60 percent were related to activities on Facebook, highlighting the platform’s role as a battleground for expression in the digital age. In total, 2,889 individuals were accused, yet only 52 cases reached a conclusion in the court system. Furthermore, nine individuals found relief when their accusers withdrew their cases, leaving a significant number still entangled in legal limbo.
Prolonged Investigations and Legal Delays
One of the most concerning findings from the CGS report is the prolonged duration of investigations. According to the data, three-quarters of the cases remain under investigation, with at least 725 cases dating back to before 2022. This situation represents a clear violation of the legal time limits set for investigations, which stipulate that reports must be submitted within 60 days, with a possible extension of 15 days. Dr. Ali Riaz, a distinguished professor of political science and lead author of the report, emphasized that many accused individuals remain in custody long after the legal time frame has expired, effectively punishing them before trial.
The Role of Cyber Tribunals
The establishment of cyber tribunals in Bangladesh, which increased from one to eight across the country, was intended to expedite the trial process. However, the report indicates that this expansion has not resulted in quicker trials or improved access to bail for the accused. Alarmingly, over a thousand individuals have faced arrest under the DSA, suggesting that one in three people prosecuted under this law has been detained. The lack of transparency from law enforcement agencies regarding the total number of cases and accused individuals further complicates the situation, as the CGS report notes that the available data only reflects a fraction of the actual cases.
Who is Being Accused?
The CGS report also delves into the demographics of those accused under the DSA. Politicians and journalists are the two most frequently targeted groups, with 287 politicians and 280 journalists facing accusations. Notably, many of these cases stem from defamation charges, often filed by ruling party affiliates against journalists. The report highlights that the prosecutors in these cases are typically not direct victims but are filing on behalf of others who claim to have been harmed by alleged defamatory statements.
Among the most striking statistics is the number of cases filed against Prime Minister Sheikh Hasina and other ministers. The report indicates that 140 cases were filed for allegedly defaming the Prime Minister, while 64 were related to accusations against ministers. This trend underscores the potential misuse of the DSA as a tool for silencing dissent and stifling critical voices in the media.
The Culture of Fear
The implications of the DSA extend beyond the courtroom, contributing to a broader culture of fear in Bangladesh. Zillur Rahman, executive director of CGS, articulated this concern during the report’s launch, stating that the DSA has solidified a climate of intimidation that discourages open discourse and dissent. As access to the internet and social media platforms like Facebook continues to grow, the DSA has emerged as a mechanism for suppressing criticism of government policies and social issues.
Conclusion
The findings of the CGS report paint a troubling picture of the Digital Security Act’s implementation in Bangladesh. With a mere two percent of cases reaching resolution and a significant backlog of investigations, the legal framework surrounding the DSA raises serious concerns about justice and accountability. As the government grapples with the challenges of regulating digital spaces, it must also consider the implications of such laws on civil liberties and the fundamental right to free expression. The ongoing discourse surrounding the DSA will be crucial in shaping the future of digital rights and freedoms in Bangladesh.