UN human rights chief urges Bangladesh to halt abuse of digital law

DHAKA, Bangladesh

UN human rights chief, Volker Turk, called on the Bangladesh government on Friday to immediately suspend the abusive practices of the country’s controversial Digital Security Act (DSA).

“I am concerned that the Digital Security Act is being used across Bangladesh to arrest, harass and intimidate journalists and human rights defenders, and to muzzle critical voices online,” Turk said in a statement issued by the world’s top rights defending body from its Geneva office.

Referring to the background of the law, the statement noted that more than 2,000 cases have been brought under the "draconian" digital law that was enacted on Oct. 1, 2018, a few days before the 11th national elections in the South Asian nation.

The 2018 national elections in Bangladesh were reportedly marred by huge irregularities including ballot stuffing in the previous night, intimidation and harassment to opposition politicians and critics to the ruling Awami League government under the DSA.

“I call again on the authorities to impose an immediate moratorium on its use and to reform comprehensively its provisions to bring them in line with the requirements of international human rights law,” Turk said underlining the controversial clauses of the DSA.

Mentioning the prevailing tensions across Bangladesh over the alleged misuse of the DSA, the statement expressed concern over the March 29 arrest of local journalist, Shams Zaman, who works at the country’s largest daily newspaper Prothom Alo.

“He (Zaman) was detained and his laptop, phone and other equipment seized during a house search. His application for bail was rejected,” said the statement.

Meanwhile, a second case has been filed against the editor of the newspaper, Matiur Rahman, and a photographer. The case is based on their reporting of the cost-of-living crisis in Bangladesh.

In February, a young man, Poritosh Sarkar, was sentenced to five years in prison under this law after being accused of hurting religious sentiments in a post on Facebook.

“My Office has consistently raised concerns about the overly broad and ill-defined provisions of the Digital Security Act,” Turk said, adding that the Bangladesh government has promised there will be safeguards against the arbitrary or excessive application of the law but that is not enough when arrests continue.

“The law itself needs a proper overhaul.”

The High Commissioner called for the creation of an independent judicial panel to review all pending cases brought under the DSA with a view to those accused being released.

Turk also reiterated his concern about the ongoing trial of Adilur Rahman Khan and Nasiruddin Elan from the now deregistered human rights organization, Odhikar and accused of falsely reporting about alleged human rights violations in a case dating back to 2013.

56 journalists harassed in 2023

With the latest incidents, at least 56 journalists from different media outlets have been tortured, harassed, threatened or sued across the country in the last three months in 2023, said Ain o Salish Kendra (ASK), a legal aid and human rights organization in Bangladesh on Friday.

Bangladesh ranked 162nd out of 180 countries in 2022 while its position was 152nd in 2021, according to the Reporters Without Borders (RSF).

“With less than a year to go to the parliamentary elections scheduled for January 2024, the room for journalistic freedom is being reduced at an alarming pace in Bangladesh,” RSF said in a separate statement on Thursday.

Bangladesh law minister repeatedly vowed to maintain special vigilance before taking cases under the Act but the recent government act does not reflect its commitment, rather motivating people to file such cases, ASK said.

The Law Minister Anisul Huq, however, told the reporters in Dhaka on Thursday that some people offended by the report filed the case and the law will take its own course, hinting that more cases would be lodged against the journalists.

Meanwhile, dozens of other local and global rights groups, Media Freedom Coalition (MFC), Committee to Protect Journalists (CPJ), Transparency International, Bangladesh (TIB), Editors Council, university teachers and writers demanded the release of the journalist and repeal the DSA.

RSF urged the Prime Minister Sheikh Hasina to end her government’s increasingly authoritarian response to criticism in the media.