Interim Government Takes Key Step to Repeal Cyber Security Act

In a meeting of the interim government’s advisory council, a policy decision has been made to repeal the controversial Cyber Security Act.

The decision was made on Thursday, November 7, at a meeting held at the Chief Advisor's Office in Tejgaon, Dhaka, presided over by Chief Advisor Dr. Muhammad Yunus.

Following the meeting, Syeda Rizwana Hasan, the advisor on environment, forests, and climate change, confirmed this information.

Previously, on October 3, Legal Advisor Asif Nazrul stated that the Cyber Security Act should indeed be repealed, indicating that this was the direction the government was heading toward and that it would ultimately be abolished. He also mentioned that any future legislation should primarily focus on ensuring cybersecurity and protecting citizens.

Earlier this week, Advisor to the Ministry of Information and Broadcasting, Md. Nahid Islam, announced that the law would be repealed soon.

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The controversial Digital Security Act was enacted in 2018 during the tenure of the Awami League government. Following severe criticism, the Digital Security Act was repealed in 2023 and replaced by the Cyber Security Act. However, this also sparked significant debate and criticism, with objections raised by journalists and various other groups. Today, the interim government has made a policy decision to repeal the law.

On September 30, the Ministry of Law issued a notice stating that the government had decided to withdraw cases related to “speech offenses” (freedom of expression) under the Cyber Security Act.

Additionally, the Ministry of Law stated that any individuals detained in these cases would be immediately released through legal procedures.

Meanwhile, as of August of this year, a total of 5,818 cases were pending across eight cyber tribunals under the Information and Communication Technology Act of 2006, the Digital Security Act of 2018, and the Cyber Security Act of 2023.

Furthermore, there are currently 1,340 active cases related to “speech offenses.” Among these, 279 cases fall under the Information and Communication Technology Act, 786 under the Digital Security Act, and 275 under the Cyber Security Act. Out of these cases, 461 are under investigation by law enforcement agencies, while 879 cases are under trial in the country's eight cyber tribunals.

It is noteworthy that cases filed for freedom of expression in digital media are categorized as “speech offenses,” while cases of computer hacking or fraud involving digital devices are classified as “computer offenses.”