The ICT Department of the Ministry of Telecommunications has finalized the draft of the Digital Security Act, 2016 and its been placed for cabinet approval. This Act is coming as an upgraded version of the cyber-protection law of the country, and will replace some of the controversial provisions of cyber-security laws, like section 57 of the ICT Act 2006.
Some basic features of the draft Digital Security Act, 2016 –
- It recognizes and defines E-Commerce, E-Transactions
- Section 4 of the draft Act illustrates the jurisdiction of the Act, which covers both persons within and beyond the borders of Bangladesh
- Section 5 says about constitution of a Digital Security Agency, who shall monitor and supervise the digital contents, communications mediums including mobile phones to prevent cyber-crime. This section also introduces Digital Forensic Lab and Bangladesh Cyber Emergency Incident Response Team (Bangladesh-CERT).
- Section 13 of the Act illustrates the Power of the DG of Digital Security Agency, where the DG can order a ban on communication in extra-ordinary situation (security breach or national-international threat) to any individual or service provider. In that case, the person or service provider has to facilitate the interception, monitoring and decryption of the Computer or source.
- Section 15 of the Act illustrates the cyber crimes in form of Hacking, impersonation, violation of privacy and other ways.
- Section 15(5) of the draft Act says, any derogatory comments, remarks, campaign or propaganda in electronic media made by a person, institution or foreign citizen, against the war of liberation, or father of the Nation Bangabandhu Sheikh Mujibur Rahman or any issue that has been settled by the Court shall amount to an offense under this Act. Section 36 of the draft Act describes the offense under this section as cognizable and non-bailable.
- Section 16 illustrates the Punishment for the offenses under section 15 (cyber crimes, propaganda against Liberation War or Bangabandhu), ranging from 3 years Prison sentence to Life Imprisonment and/or a fine of 10 Million taka.
- Section 21 encompasses the similar offense of any person who aids or abets the commission of any offense under the Act, and shall be entitled to similar punishment.
- The trial under the Digital Security Act shall be held on the same Cyber Tribunal that was established under the ICT Act 2006; the procedures of the Tribunal shall be similar as well – concluding the trial within 180 days.