By Nur E Emroz Alam Tonoy;
If we have learned anything from the sufferings endured by journalists like Prabir Sikdar and Abdul Latif Moral under section 57 of the ICT Act, we would certainly know that when a law is made it becomes the new normal and our system including the lawmakers and the powerful ministers have a tendency of abusing them. That is why we should carefully scrutinize the newly passed Digital security Act 2018 before it is too late.
We should ask ourselves a simple question, why do we have a new law that could possibly sanction journalists and activists a hefty prison term just for doing their job which is unveiling the truths that are considered central for a democratic debate, even if we believe that because of the changed circumstances tougher legal provisions are necessary.
If I, now, have your attention, you might ask, is this new legal provision as bad as journalists and rights groups are saying, or they are just frantically over-reacting as the Law Minister and other Ministers have implied? Specifically, will a journalist or a civic activist be able to reveal a concerning secrets without committing a crime?
The answer is no. Allow me to clarify.
Remember the investigative TV journalism just a few months ago that exposed senior officials of the Ministry of Education taking bribes that even made the Minister shake in disgrace.
Technically, the Digital Security Act 2018 makes such investigative journalism a crime as the law defines collecting and publishing information from government premises using a digital device a crime punishable with 14 years in jail.
The disturbing fact about this law is that it targets individuals and professionals who witness things that they believe, by their own professional obligation or ethical conviction, that they must bring to the public for scrutiny. It criminalizes honest people- journalists, rights campaigner, social activists- just for delivering their commitments to the society.
Can you accept it?
And it doesn’t stop there.
Let’s say a journalist acquires a video evidence of a senior government official taking a bribe. The law allows police to search and arrest the person without any warrant.
A foolproof plan to safeguard corruption or any other government misdeeds!
Many would argue, but we already have existing laws that can charge journalists, let’s say the colonial era the Official Secrets Act of 1923. We were not that concerned, why should we worry now?
That brings us to a crucial point which is that laws are fiendishly hard to repeal. Even draconian laws such as the Official Secrets Act or Section 57 of the ICT Act. That’s one reason why we should be more concerned about any new law that contains draconian provisions.
But, moreover, the scopes of this legislation broaden the definition of “security” to include not just the matters that are considered as a security concern in common sense but pretty much everything even constitutional rights such as free speech.
And certainly, expands the circumstances in which a journalist or a rights campaigner can be considered criminal beyond the scopes of Official Secrets Act of 1923 or Section 57 of the ICT Act. In fact, both of them are included in the Act.
It discards our right to hold the government, elected officials, and all other agencies accountable for their actions. Can we afford to allow something like that slide by without a challenge?
There shouldn’t be any disagreement that keeping some national security matters such as defense a secret is in public interest. But, under which circumstances information that is embarrassing for the government or a government official or let’s say a deal with a foreign government or entity can be considered a security concern?
This is not national security, in fact, this is the exact type of law that corrupt authoritarian regimes around the globe adapt to silence critics, campaigners, academics, journalists, and political opponents.
And given, the extreme level of weaknesses of our institutions, especially the government-controlled judiciary-let’s not forget to take into consideration the recent unjust incidents – this will obviously become another mean for the government as well as powerful individuals to manipulate the law to arbitrarily detain and prosecute descending voices and critics.
No one deserves to be criminalized for exposing misconducts. None should be jailed for doing their duties.
Neither our rights to democracy, especially free speech, and independent journalism should be compromised by those who are sworn in to protect it yet seek to restrict it in practice.