Introduction

In October 2018, the Bangladesh government legislated a law called the Digital Security Act 2018 (DSA) claiming that it is intended to provide cyber security to citizens. Various national and international organizations expressed deep concerns that the expansive nature, wide scope, and vague provisions of the law could be used for clamping down on contrarian voices and severely hindering freedom of expression. The government repeatedly claimed that the law is akin to cybersecurity laws in many countries and until recently insisted there is no instance of it being abused.

More than three years have passed since the law went into effect. The impact of the law is now easily discernable on society and politics, particularly in terms of its effects on freedom of expression. How the law has been implemented and how it has impacted the lives of its victims warrant our attention. Various human rights organizations and organizations working on freedom of expression have systematically gathered data and tracked the plight of the people who have allegedly violated the law, were charged under the law, detained, and convicted. During this period the law has been criticized by not only the victims but also conscientious citizens and human rights groups. It is argued that the law violates the rights enshrined in the constitution of the country, international laws, and Bangladesh’s responsibility under the International Covenant on Civil and Political Rights (ICCPR). The death of author and social activist Mushtaq Ahmed on February 25, 2020, who was arrested under the DSA, laid bare various aspects of the law and the judicial process attached to it. Ahmed was in custody for ten months and denied bail by courts six times.

It is against this backdrop that this report has been compiled.