Decrypting the Digital Security Act of 2018 and Disclosing Its Unconstitutionality

Abstract

Digital Bangladesh! The infamous phrase that is acquainted with all is enjoyed by most and suffered by many in Bangladesh. The ambitious proclamation of Digital Bangladesh aspired to rejuvenate Shonar Bangla (Golden Bengal) by establishing ease of accessibility to information together with feasible connectivity. Inarguably, feasible connectivity enhances communication which stipulates expanding freedom of speech. Unfortunately, that is where the Digital Bangladesh agenda folds, impeding and intoxicating the democratic/fundamental right of freedom of speech. The above denotes that polemic legislations such as the ICT Act and the DSA enacted to address cybercrimes have generally inflicted more harm than good. The trend of this study shows that the safety of cyberspace is the ex-situ concern, and cyber defamation and sedition encumbering free speech is the primary in-situ . Deservingly, the latter statute was branded draconian by multiple human rights entities. Whereby legally, the vires of the law are objectively justified by the constitutional inclusion of reasonable restrictions and the widely used maxim ut res magis valet quam pereat . Hence, are the restrictions reasonable? This empirical qualitative study answering that embarks on exploring the Digital Security Act; its vires; frequently used provisions; identify the inflicted and the inflictors; its adjectives; and procedures by expanding and expounding the language of the Act under the shade of primary and secondary data excavated from stare-decisis and existing scholarly research; relevant reports from various Ministries, governmental and non-governmental organizations; news. This study shows that the legislation frustrates the freedom of speech, especially that of media personnel. The statute has just begun to germinate, and its uncompromising characteristic is already on full display. Therefore, this study attempts reality check the enactment.