Editors’ Council places 12-point recommendations on proposed cyber security law

Editors’ Council has called for ensuring protection of independent journalism, disclosure of information in public interest and legitimate free expression in the proposed Cyber Security Act. In this regard the organisation has made 12-point recommendations for amendment and addition to various sections of the law.

This was stated in a statement signed by Editors’ Council President Nurul Kabir and General Secretary Dewan Hanif Mahmud on Sunday (October 18). The recommendations have been submitted to the office of Chief Information Officer Syed Abdal Ahmed for forwarding to the Information and Broadcasting Minister.

Editors’ Council believes that while taking effective measures to combat cyber crime, freedom of journalism and expression must also be protected. Transparency, specific legal basis, rapid judicial oversight and effective remedies are essential in cases of content removal or blocking, arrest, search, seizure, surveillance and interference with digital information.

Among the recommendations are that news, investigative reports, analysis and opinion published in public interest as part of professional duty should not be treated as cyber crime merely for the content or critical stance. No one should be held criminal for fair criticism, political speech, satire, cartoon, parody, consumer complaint or unintentional error. The organisation has also recommended that expression-related offences should not be made non-bailable.

Editors’ Council has proposed that prior court approval be made mandatory for arrest, search, seizure, access to digital devices or data and surveillance in cases directly related to journalism. It has also recommended a provision for court approval or review within 48 hours if action is taken in emergency situations. The organisation has said such cases should be made bailable.

The Council has also stressed the need to define misinformation, disinformation and rumour separately in the law. It believes that any information should not be treated as an element of crime merely for being unverified or unsupported. Clear definitions have been recommended for issues such as bullying, defamation, denigration, statements offensive to the state, harming friendly relations with foreign states, sexual harassment and sextortion.

Editors’ Council has called for ensuring protection of public interest in the publication of news and investigative reports on corruption, abuse of power, financial irregularities, environmental damage, public health, consumer rights, government spending and irregularities of public and private institutions. It has also recommended that criticism of the government, state institutions, public officials, public representatives or government policies, political opinion, analysis and satire should not be treated as cyber crime. The organisation has urged removal of vague phrases such as ‘denigrating the state’ from the law.

Specific legal basis, written reasons and necessity must be mentioned for removal or blocking of any news, post, video or digital content. Opportunity to give a statement must be given to the concerned person or institution except in emergency situations. The Council has also recommended provisions for appeal and judicial review against such orders and public disclosure of information on content removal or blocking.

The organisation has proposed that online defamation complaints should not be treated as a new and stricter cyber crime but referred to the Press Council under the existing framework. It has recommended that complaints related to news publication, expression, defamation or journalism content should not be tried through mobile court or executive authority.

Editors’ Council has also opined that the entire operations of a media outlet cannot be shut down, its registration cancelled or the institution given unreasonable punishment for any report or publication. It has called for keeping such matters under the Press Council and protecting the confidentiality of journalists’ sources.

In cases of complaints related to journalism, news publication, professional conduct and ethics, the organisation has recommended making the existing complaint and inquiry process of the Bangladesh Press Council effective instead of taking direct criminal action, depending on the nature of the complaint. For this it has suggested modernising the jurisdiction and effectiveness of the Press Council and bringing relevant digital media under its purview.

Additionally, Editors’ Council has proposed making the National Cyber Security Council effective and suitable for independent oversight. It has recommended inclusion of experienced persons from media and editorial leadership along with experts in cyber security, law and human rights, and ensuring independence of members, limits of power and accountability of decisions.

According to Editors’ Council, cyber security, cyber crime and journalism in the digital space are separate issues. In many cases the boundaries of these issues are not clear in the proposed Cyber Security (Amendment) Act, which may create obstacles for independent and responsible journalism and prove harmful for media freedom.

In the statement the organisation said it is possible to establish a balanced and people-friendly cyber law through transparency, judicial oversight, accountability and assurance of effective remedies. Editors’ Council has called for reconsideration of the law taking into account the opinions of all concerned parties so that the rights of independent journalism, disclosure of information in public interest and legitimate free expression remain protected alongside combating cyber crime.