Conclusion

After five years since its introduction, the Digital Security Act (DSA) 2018, is no longer in use, while its successor the Cyber Security Act (CSA) 2023 is now the law of the land. Essentially the demand for the annulment of the DSA, raised by academics, journalists, and activists at home and abroad, has been evaded by the government through rebranding the draconian law. There is widespread apprehension that the CSA’s impacts in muzzling the freedom of expression and criminalizing dissent would not be different from the DSA as the CSA retains many contentious provisions of its predecessor. The issues related to the trial process, prolonged pre-trial detention, and deliberate misuse of laws to stifle dissent and harass political opponents have not been eliminated from the new law. This underscores the need for developing a law in consultation with the stakeholders and relevant international bodies such as the OHCHR to protect the citizens at large from cybercrimes without the expense of civil liberties and freedom of expression. It is also important to note that the amendment of the DSA does not exonerate the government from its primary responsibility of ensuring justice to those who have been victimized by the DSA and will continue to suffer for years to come, some forever.

While this project has examined the extent of use of the DSA and its implications, it is necessary to recognize that DSA is not the only law in the country which has the power to stymie fundamental freedom of expression. Various laws are in the book and occasionally used by the government and powerful groups to their interests. The very existence of these laws acts as hindrance to an environment conducive for exercising fundamental rights. Neither the annulment of the DSA or rebranding it with a new name is going to ensure freedom.

The introduction and implementation of the DSA, its predecessor and successor laws, did not happen in a political vacuum. Instead, these laws have been devised and used by incumbent alongside the erosion of democratic norms and practices. The contraction of democratic space, on the streets and in cyberspace, had taken place concurrently. The intrinsic relationship between these requires that while particular law and its implications are examined, we need to be cognizant of the broad political environment and raise voice accordingly. Unless the principles of democracy, rule of law, and human rights are upheld, laws like the DSA and CSA will continue to be the weapon of choice of the incumbent.