Al Jazeera Journalism Review

outside image
Police escort investigative journalist Rozina Islam to a court in Dhaka, Bangladesh on May 18, 2021, a day after being arrested on charges of stealing documents and taking images by the health ministry. [Syed Mahamudur Rahman/NurPhoto via Getty Images]

Bangladesh’s Digital Security Act is criminalising journalism

Bangladesh has been quietly strengthening its laws curtailing freedom of expression - with dangerous results
 

 

In 1930s Germany, it was a criminal act to listen to “enemy broadcasters” from overseas. Anyone caught flouting this law faced imprisonment in a concentration camp. Today, Russian journalists referring to the invasion of Ukraine as a “war” - or defying the official Russian narrative at all - face 15 years in prison.

Controlling the media - and demonising journalists who don’t toe the “correct” line - is nothing new. It has been adopted by rulers across the world throughout history - and not just by dictators. 

Bangladesh is just one supposedly democratic country, where the law is coming dangerously close to making journalism a crime.

The Government of Bangladesh is currently planning to introduce yet another new set of laws under the banner of the “Bangladesh Telecommunication Regulatory Commission Regulation for Digital, Social Media and OTT Platforms”, a draft of which was published in February this year. 

A total of 45 international organisations have called on the government to withdraw it amid concerns over freedom of expression

This is just the latest step in Bangladesh’s long road towards curtailing freedom of speech, adding to the already existing, draconian 2018 Digital Security Act.

These digital security laws did not spring out of a vacuum. The Information and Communication Technology Act, which was passed in 2006 under the BNP-Jamaat government, was used to arrest more than 1,200 people. It has been actively used by all parties, not just BNP-Jamaat. Not only did the Awami League-led government make ample use of this draconian law, it amended the act in 2013 to clamp down on free speech on the internet even more.

There was widespread criticism over the misuse of Section 57 of the ICT Act by different human rights groups and civil societies. Section 57 of the Act authorises prosecution of anyone who publishes, in electronic form, material deemed fake, obscene, defamatory, or any material that “tends to deprave or corrupt” its audience. It also allows for prosecution if content may “cause hurt to religious beliefs”.

Dissident writer Mushtaq Ahmed was arrested for posting comments on social media about the government’s handling of the coronavirus pandemic. He died in prison

 

The law is vague and open to interpretation. Photographer Shahidul Alam was arrested under Section 57 of the ICT act and spent 107 days in jail. He was charged with “spreading rumours” against the government for criticising the government's handling of a road safety protest over the death of two school students in a road accident. 

But rather than revise its authoritarian approach, the Bangladesh government ramped up its efforts to curtail free speech even more in 2018, when it introduced the new Digital Security Act (DSA). 

The DSA now includes life imprisonment for offenders, and uses terms and provisions which are excessively broad and open to interpretation. 

Section 25 of the Act criminalises “spreading information with an intention to affect the image or reputation of the country or to spread confusion”. This is so broad and unspecific that it could very well target journalists who are deemed to not be doing enough to enhance the “image or reputation of the country”.

For example, the United States has sanctioned RAB officials over its handling of human rights in Bangladesh. This information certainly affects the image of the country, and the DSA empowers anyone to file a case against any journalist who merely states the facts on any online media. 

The DSA also allows the authorities to arrest anyone, search their premises and seize any equipment without any judicial approval. 

Dissident writer Mushtaq Ahmed was arrested in May 2020 on charges of violating the DSA for posting comments on social media about the government’s handling of the coronavirus pandemic. Police charged Ahmed with spreading rumours on social media, tarnishing the image of the country’s founding father, Sheikh Mujibur Rahman, and “hurting the spirit of the 1971 liberation war”. His application for bail was denied six times. 

He died in the country’s high-security Kashimpur jail after languishing there for nine months without trial. According to media reports, Mushtaq Ahmed was tortured in police custody. Cartoonist Ahmed Kabir Kishore, who was also imprisoned after posting satirical cartoons on Facebook, also claimed he had been tortured in custody. 

While the DSA targets critical voices on social media and other digital platforms, mainstream media and journalists are not safe from the Act. The Centre for Governance Studies (CGS) tracked a total of 890 charges under DSA from January 2020 to March 3, 2022, and found that 8.6 percent were brought against mainstream journalists. 

Journalists warned about the potential ramifications of the Act from the very beginning. The Editor’s Council in Bangladesh raised its concerns about the Act during meetings with the government, warning that it would harm freedom of expression.

A 15-year-old child was arrested for 'defaming' the prime minister in a Facebook post. He was held in a juvenile detention centre 

 

The DSA is not the only tool with which the Government of Bangladesh keeps journalists in check. One of the most discussed cases in the recent times was the arrest of the prestigious Free Press award winner journalist, Rozina Islam, in May 2021 under the country’s 100-year-old Official Secrets Act and the Penal Code. 

She was held for more than five hours by government officials for allegedly reporting on corruption in the health sector of Bangladesh during the coronavirus pandemic. Later, officials handed her over to police and brought charges against her for “stealing and photographing of sensitive state documents”, which have never before been used against journalists in Bangladesh since the country’s independence in 1971.

The Digital Security Act ensures non-bailable penalties for at least 14 offences and section 28 of the act criminalises opinions that upset religious sentiments. This law gives licence to arrest anyone who merely reports on this issue. 

The law has been taken to extremes. In 2020, a 15-year-old child was arrested for “defaming” the prime minister in a Facebook post. The child was accused of having “badmouthed our mother-like leader”.

He was held in a juvenile detention centre to spend time “realising his mistakes and correcting his character”.

As if this isn’t heavy handed enough, the focus of the new “Bangladesh Telecommunication Regulatory Commission Regulation for Digital, Social Media and OTT Platforms” law is to govern content on all digital platforms even more strictly using traceability, network neutrality, truncated timelines for content removal and “codes of ethics”.

The ultimate result will be self-censorship by those posting any sort of content online. The question is - why does the government seek “digital safety” so desperately and who is it really for?  

Rokeya Lita is a Bangladeshi novelist and journalist currently based in the UK

 

The views expressed in this article are the author’s own and do not necessarily reflect Al Jazeera Journalism Review’s editorial stance

 

More Articles

How Does Misinformation Undermine Public Trust in Journalism?

Reports reveal a growing loss of trust in the media, driven by the extent of misinformation that undermines professional journalism's ability to influence public discourse. The platforms of misinformation, now supported by states and private entities during conflicts and wars, threaten to strip the profession of its core roles of accountability and oversight.

Muhammad Khamaiseh 1
Muhammad Khamaiseh Published on: 13 Nov, 2024
Challenging the Narrative: Jeremy Scahill on the Need for Adversarial Journalism

Investigative journalist Jeremy Scahill calls for a revival of "adversarial journalism" to reinstate crucial professional and humanitarian values in mainstream Western media, especially regarding the coverage of the Gaza genocide.

Mohammad Zeidan
Mohammad Zeidan Published on: 10 Nov, 2024
Freedom of the Press in Jordan and Unconstitutional Interpretations

Since the approval of the Cybercrime Law in Jordan, freedom of opinion and expression has entered a troubling phase marked by the arrest of journalists and restrictions on media. Musab Shawabkeh offers a constitutional reading based on interpretations and rulings that uphold freedom of expression in a context where the country needs diverse opinions in the face of the Israeli ultra right wing politics.

Musab Shawabkeh
Musab Al Shawabkeh Published on: 8 Nov, 2024
Voting in a Time of Genocide

The upcoming U.S. presidential election occurs against the backdrop of the ongoing genocide in Gaza, with AJ Plus prioritising marginalised voices and critically analysing Western mainstream media narratives while highlighting the undemocratic aspects of the U.S. electoral system.

Tony Karon Published on: 22 Oct, 2024
Journalists Should Not Embrace the Artificial Intelligence Hype

What factors should journalists take into account while discussing the use of AI in the media?

Jorge Sagastume Muralles
Jorge Sagastume Published on: 16 Oct, 2024
A Year of Genocide and Bias: Western Media's Whitewashing of Israel's Ongoing War on Gaza

Major Western media outlets continue to prove that they are a party in the war of narratives, siding with the Israeli occupation. The article explains how these major Western media outlets are still refining their techniques of bias in favor of the occupation, even a year after the genocide in Palestine.

Mohammad Zeidan
Mohammad Zeidan Published on: 9 Oct, 2024
A Half-Truth is a Full Lie

Misinformation is rampant in modern conflicts, worsened by the internet and social media, where false news spreads easily. While news agencies aim to provide unbiased, fact-based reporting, their focus on brevity and hard facts often lacks the necessary context, leaving the public vulnerable to manipulation and unable to fully grasp the complexities of these issues.

Ilya
Ilya U Topper Published on: 30 Sep, 2024
Testimonies of the First Witness of the Sabra & Shatila Massacre

The Sabra and Shatila massacre in 1982 saw over 3,000 unarmed Palestinian refugees brutally killed by Phalangist militias under the facilitation of Israeli forces. As the first journalist to enter the camps, Japanese journalist Ryuichi Hirokawa provides a harrowing first-hand account of the atrocity amid a media blackout. His testimony highlights the power of bearing witness to a war crime and contrasts the past Israeli public outcry with today’s silence over the ongoing genocide in Gaza.

Mei Shigenobu مي شيغينوبو
Mei Shigenobu Published on: 18 Sep, 2024
Anonymous Sources in the New York Times... Covering the War with One Eye

The use of anonymous sources in journalism is considered, within professional and ethical standards, a “last option” for journalists. However, analysis of New York Times data reveals a persistent pattern in the use of “anonymity” to support specific narratives, especially Israeli narratives.

Mohammad Zeidan
Mohammad Zeidan Published on: 8 Sep, 2024
India and Pakistan; Journalists building Bridges for Understanding

Amid decades of tension, journalists from India and Pakistan are uniting to combat hostile narratives and highlight shared challenges. Through collaboration, they’re fostering understanding on pressing issues like climate change and healthcare, proving that empathy can transcend borders. Discover how initiatives like the Journalists' Exchange Programme are paving the way for peace journalism and a more nuanced narrative.

Safina
Safina Nabi Published on: 12 Aug, 2024
From TV Screens to YouTube: The Rise of Exiled Journalists in Pakistan

Pakistani journalists are leveraging YouTube to overcome censorship, connecting with global audiences, and redefining independent reporting in their homeland.

Anam Hussain
Anam Hussain Published on: 28 Jul, 2024
How AI Synthesised Media Shapes Voter Perception: India's Case in Point

The recent Indian elections witnessed the unprecedented use of generative AI, leading to a surge in misinformation and deepfakes. Political parties leveraged AI to create digital avatars of deceased leaders, Bollywood actors

Suvrat Arora
Suvrat Arora Published on: 12 Jun, 2024
The Rise of Podcasting: How Digital Audio Is Revolutionising Journalism

In this age of digital transformation and media convergence, podcasts stand out as a testament to the enduring power of journalism—a medium that transcends borders, sparks conversations, and brings the world closer together.

Anam Hussain
Anam Hussain Published on: 6 Jun, 2024
Under Fire: The Perilous Reality for Journalists in Gaza's War Zone

Journalists lack safety equipment and legal protection, highlighting the challenges faced by journalists in Gaza. While Israel denies responsibility for targeting journalists, the lack of international intervention leaves journalists in Gaza exposed to daily danger.

Linda Shalash
Linda Shalash Published on: 9 May, 2024
Your Words Are Your Weapon — You Are a Soldier in a Propaganda War

Narrative warfare and the role of journalists in it is immense; the context of the conflict, the battleground has shifted to the realm of narratives, where journalists play a decisive role in shaping the narrative.

Ilya
Ilya U Topper Published on: 21 Apr, 2024
The Privilege and Burden of Conflict Reporting in Nigeria: Navigating the Emotional Toll

The internal struggle and moral dilemmas faced by a conflict reporter, as they grapple with the overwhelming nature of the tragedies they witness and the sense of helplessness in the face of such immense suffering. It ultimately underscores the vital role of conflict journalism in preserving historical memory and giving a voice to the voiceless.

Hauwa Shaffii Nuhu
Hauwa Shaffii Nuhu Published on: 17 Apr, 2024
Journalism in chains in Cameroon

Investigative journalists in Cameroon sometimes use treacherous means to navigate the numerous challenges that hamper the practice of their profession: the absence of the Freedom of Information Act, the criminalisation of press offenses, and the scare of the overly-broad anti-terrorism law.

Nalova Akua
Nalova Akua Published on: 12 Apr, 2024
The Perils of Journalism and the Rise of Citizen Media in Southeast Asia

Southeast Asia's media landscape is grim, with low rankings for internet and press freedom across the region. While citizen journalism has risen to fill the gaps, journalists - both professional and citizen - face significant risks due to government crackdowns and the collusion between tech companies and authorities to enable censorship and surveillance.

AJR Contributor Published on: 6 Apr, 2024
Orientalism, Imperialism and The Western Coverage of Palestine

Western mainstream media biases and defence of the Israeli narrative are connected to orientalism, racism, and imperialism, serving the interests of Western ruling political and economic elites. However, it is being challenged by global movements aiming to shed light on the realities of the conflict and express solidarity with the Palestinian population.

Joseph Daher
Joseph Daher Published on: 1 Apr, 2024
Ethical Dilemmas of Photo Editing in Media: Lessons from Kate Middleton’s Photo Controversy

Photoshop—an intelligent digital tool celebrated for enhancing the visual appearance of photographs—is a double-edged sword. While it has the power to transform and refine images, it also skillfully blurs the line between reality and fiction, challenging the legitimacy of journalistic integrity and the credibility of news media.

Anam Hussain
Anam Hussain Published on: 26 Mar, 2024
Breaking Barriers: The Rise of Citizen Journalists in India's Fight for Media Inclusion

Grassroots journalists from marginalized communities in India, including Dalits and Muslims, are challenging mainstream media narratives and bringing attention to underreported issues through digital outlets like The Mooknayak.

Hanan Zaffa
Hanan Zaffar, Jyoti Thakur Published on: 3 Mar, 2024
Silenced Voices and Digital Resilience: The Case of Quds Network

Unrecognized journalists in conflict zones face serious risks to their safety and lack of support. The Quds Network, a Palestinian media outlet, has been targeted and censored, but they continue to report on the ground in Gaza. Recognition and support for independent journalists are crucial.

Yousef Abu Watfe يوسف أبو وطفة
Yousef Abu Watfeh Published on: 21 Feb, 2024
Artificial Intelligence's Potentials and Challenges in the African Media Landscape

How has the proliferation of Artificial Intelligence impacted newsroom operations, job security and regulation in the African media landscape? And how are journalists in Africa adapting to these changes?

Derick Matsengarwodzi
Derick Matsengarwodzi Published on: 18 Feb, 2024
Media Monopoly in Brazil: How Dominant Media Houses Control the Narrative and Stifle Criticism of Israel

An in-depth analysis exploring the concentration of media ownership in Brazil by large companies, and how this shapes public and political narratives, particularly by suppressing criticism of Israel.