Digital rights have been violated in Several countries in Asia including India, Pakistan and Bangladesh. These were done through a variety of ways including controversial laws, their misuse and the government’s repressive activities over the media, putting hindrances to digital freedom. The DRAPAC Digital Rights Convening Bangladesh — organized by APC and EngageMedia in collaboration with Digitally Right Limited (DRL) — brought together a diverse array of stakeholders at the Bangabandhu International Conference Center (BICC) in Dhaka to discuss critical issues surrounding digital rights, internet governance, and online freedoms.
In the convention, the event that marked the third national-level meet-up as part of the Digital Rights Asia-Pacific (DRAPAC) Assembly series, different stakeholders such as human rights defenders, policymakers, media professionals, legal experts, academics, artists, and representatives from the private tech sector discussed on the evolving digital landscape with a particular relevance to Bangladesh, focusing on various issues such as surveillance, freedom of expression, online safety, and misinformation, with an emphasis on promoting transparency, accountability, and a rights-based approach to Information and Communication Technology (ICT) policymaking, pointed out a variety of challenges and flaws including state control and legal limitations and provided various recommendations to address the challenges to providing digital rights.
Dr. Iftekharuzzaman, the executive director of Transparency International Bangladesh (TIB), highlighting the state control and abuse of power over digital rights says ‘’Technology has been both a tool for progress and a weapon for suppression, enabling surveillance, control, and abuse of power…’.’ He also further says, ‘’… Legal and institutional mechanisms claim to protect rights and ensure service delivery but also enable draconian surveillance. Digital technology has both supported and dismantled authoritarian control…Even the best laws can be manipulated. The events of August 5 brought a sense of change, but surveillance equipment remains in use, and those who benefited from it continue to do so.”
Pointing at the state as a controlling force, Huma Khan of the UNRCO, the United Nations Resident Coordinator, says, ‘’In South Asia, the state is often seen as a controlling force, a legacy of colonial rule that extends to the digital space. Policymakers focus on control rather than service.’’ She further said that the Cyber Security Ordinance in its current state seems rushed, even though consultations have been held. Focusing on government pressure, Raman Jit Singh Chima from Access Now, amongst other participants, says, ‘‘Regulators in South Asia face pressure from powerful ministries and law enforcement to enforce shutdowns. These decisions are often taken to appear proactive rather than effective …’’.
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Pointing at legal discrepancies and other issues with a particular relevance to Bangladesh, Barrister Sara Hossain of the BLAST (Bangladesh Legal Aid and Services Trust, says, ‘’Existing laws do not adequately protect women. The legal framework is a patchwork from different periods, with unclear interactions between the Cyber Security Ordinance and other laws.’’ She further says, ‘’Key terms related to freedom of expression and cybersecurity remain undefined in the constitution and legal system. The consultative process on the CSO is insufficient. There is no mention in the penal code, leaving gaps in legal interpretation.’’
The discussion also provided different crucial ways including addressing state control to improve digital rights with a particular relevance in Bangladesh — where it is not up to the mark. Pointing at the state control, Tasnim Khalil from Netra says, ‘’the militarization and securitization of Bangladesh’s digital space must end. The new government must return control of digital governance to the public. Internet shutdowns must be made illegal.’’ Besides, highlighting the importance of refraining from internet shutdown. Brig. Gen. Mohammad Khalil Ur Rahman from the BTRC says, ‘‘BTRC’s official position is that the internet should never be shut down … The government must clearly define when and for how long internet restrictions apply.’’
The convention also puts importance on implementing the recommendation and addressing ambiguity in criminal laws related to sexual harassment and obscene material to ensure digital rights in Bangladesh. Among other participants, Barrister Jyotirmoy Barua of the Supreme Court of Bangladesh says, ‘‘Criminal laws must be unambiguous to prevent abuse by law enforcement…’’ while Usama Khilji from the Global Network Initiative says ‘‘Legal reform consultations must be meaningful. Governments often invite feedback but fail to incorporate it into final drafts …’’.
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DISCLAIMER: The views expressed are those of the authors and do not necessarily reflect the official policy or position of the Magazine and its editorial team. Views published are the sole responsibility of the author(s).
