Bangladesh: Digital Security Act, 2018
The Digital Security Act of 2018 is a law passed by the Bangladesh Parliament to address cybercrime and online offences in the country. The Act criminalizes a wide range of online activities, including spreading rumours, defaming people, and inciting religious hatred. It also provides stiff penalties, including fines and imprisonment, for hacking, data theft, and cyberstalking.
The Act has been criticized by some human rights organizations and journalists who argue that it restricts freedom of speech and expression. They point out that the Act criminalizes the publication of material that could harm the state’s or its officials’ reputation and gives authorities broad powers to monitor and intercept communications.
However, supporters of the Act argue that it is necessary to combat the growing cybercrime threat in Bangladesh and protect its citizens from online threats. They point out that the Act establishes a framework for investigating and prosecuting cybercrime and provides a legal basis for protecting critical information infrastructure. The Act has been amended several times since it was first introduced to address some of the concerns raised by its critics.
CHAPTER I: Preliminary
1 – Short title and commencement.
2 – Definitions.
3 – Application of the Act.
4 – Extra territorial application of the Act.
CHAPTER II: Digital Security Agency
5 – Establishment of Agency, Office, etc.
6 – Appointment of the Director General and the Directors, tenure, etc.
7 – Manpower of the Agency.
CHAPTER III: Preventive Measures
8 – Power to remove or block some data-information.
9 – Emergency Response Team.
10 – Digital forensic lab.
11 – Quality control of digital forensic lab.
CHAPTER IV: Digital Security Council
12 – National Digital Security Council.
13 – Power, etc – of the Council.
14 – Meeting, etc – of the Council.
CHAPTER V: Critical Information Infrastructure
15 – Critical information infrastructure.
16 – Monitoring and inspection of the safety of a critical information infrastructure.
CHAPTER VI: Offence and Punishment
17 – Punishment for illegal access to any critical information infrastructure, etc.
18 – Illegal access to computer, digital device, computer system, etc. – and punishment.
19 – Damage of computer, computer system, etc – and punishment.
20 – Offence and punishment related to modification of computer source code.
21 – Punishment for making any kind of propaganda or campaign against liberation war, spirit of liberation war, father of the nation, national anthem or national flag.
22 – Digital or electronic forgery.
23 – Digital or electronic fraud.
24 – Identity fraud or personation.
25 – Transmission, publication, etc – of offensive, false or threatening datainformation.
26 – Punishment for unauthorized collection, use etc – of identity information.
27 – Offence and punishment for committing cyber terrorism.
28 – Publication, broadcast, etc – of information in website or in any electronic format that hurts the religious values or sentiment.
29 – Publication, transmission, etc – of defamatory information.
30 – Offence and punishment for e-transaction without legal authority.
31 – Offence and punishment for deteriorating law and order, etc.
32 – Offence and punishment for breaching secrecy of the Government.
33 – Punishment for holding, transferring data-information illegally, etc.
34 – Offence related to hacking and punishment thereof.
35 – Abetment of committing an offence and punishment thereof.
36 – Offence committed by a company.
37 – Power to issue order for compensation.
38 – The service provider not to be responsible.
CHAPTER VII: Investigation of Offence and Trial
39 – Investigation, etc.
40 – Time-limit for investigation, etc.
41 – Power of Investigation Officer.
42 – Search and seizure by warrant.
43 – Search, seizure and arrest without warrant.
44 – Preservation of information.
45 – Not to hamper the general usage of computer.
46 – Assistance in investigation.
47 – Secrecy of the information obtained in course of investigation.
48 – Cognizance of offence, etc.
49 – Trial of offence and appeal.
50 – Application of the Code of Criminal Procedure.
51 – Taking opinion of experts, training, etc.
52 – Time-limit for disposal of case.
53 – Offences to be cognizable and bailabe.
54 – Forfeiture.
CHAPTER VIII: Regional and International Cooperation
55 – Regional and international cooperation.
CHAPTER IX: Miscellaneous
56 – Delegation of power.
57 – Actions taken in good faith.
58 – Evidentiary value.
59 – Removal of difficulty.
60 – Power to make rules.
61 – Amendment and savings of the Act No – XXXIX of 2006.
62 – Publication of English text.
