The
Daily Star: Bangladesh: Tuesday, September 25, 2018.
The
Right to Information Forum (RTI Forum) has expressed deep concerns over the
passage of the Digital Security Act 2018 by the Parliament as some of its
provisions have been given undue precedence over those of the Right to
Information Act 2009.
The
forum believes that The Digital Security Act, in its present form, will grossly
restrict the scope of people's access to information under the RTI Act which
has been widely held as one of the best opportunities created by the government
in empowering people to promote transparency and accountability.
In
a statement yesterday, the RTI Forum observed that some provisions of the
Official Secrets Act 1921 have been included in the Digital Security Act 2018
which directly undermines Section 3 of the RTI Act. Section 3 stipulates that
the RTI Act will prevail over any Act that may create obstacles in providing
information or is conflicting with provisions of the RTI law.
The
Digital Security Act not only contradicts parts of the RTI Act, but also raises
questions about the government's capacity to be consistent in law-making, the
forum observed.
It
also lamented that the Digital Security Act creates wide opportunities to
restrict the space for raising informed public opinions and ensuring
transparency and accountability of public institutions, reducing corruption,
and establishing good governance as outlined in the preamble of the RTI Act
2009.
The
forum further observed that the Digital Security Act is clearly inconsistent
with the fundamental constitutional rights to freedom of speech and expression
as per Article 39 of the Constitution and, therefore, undermines democracy and
human rights, which are among the fundamental principles of state policy.
Bangladesh's
commitment under Sustainable Development Goal 16.10, that obliges the
government to promote free flow of information, will also become nationally and
internationally questionable, the forum further added.
The
RTI Forum, a coalition of more than 45 organisations, played a pivotal role in
the enactment of the right to information law in 2009 and has been supporting
the government its implementation and promotion since then.
Meanwhile,
journalist's organisation Dhaka Reporters Unity (DRU) yesterday expressed grave
concerns over the Digital Security Act 2018 as well, saying that some harsh and
objectionable provisions in the law would create obstructions in the way of
independent journalism.
They
also criticised the government for passing the law, while ignoring the concerns
and recommendations of journalists.
The
organisation urged the government to review the law with the light of the
journalists' recommendations and revoke the objectionable provisions from the
law.
In
a statement, DRU president Saiful Islam and its joint secretary Moin Uddin Khan
said that journalists had been expressing concerns over some provisions ever
since the draft was approved in the cabinet meeting.
Journalist
leaders demanded to scrap the much-debated provisions from the law after
meeting with the ministers concerned and also sent their recommendations to
parliamentary standing committee.
“The
government also assured the journalists that there would be no such harsh
provisions. But the bill was passed in the parliament ignoring the concerns and
recommendations of journalists,” the statement added.
The
DRU observed that the existence of the RTI Act beside Official Secrets Act is
conflicting and enabling the police to exercise unfettered power to search, seize and arrest anyone without a
warrant may create the risk of harassment for journalists.
“Such
provisions are against basic human rights and democracy,” the statement added.
In
the meantime, rights body Human Rights Support Society (HRSS) expressed
solidarity with the human chain programme called by the Sampadak Parishad
(Editors' Council) that will be formed in front of Jatiya Press Club on
September 29.
The
organisation requested President Abdul Hamid not to approve the law and urged
him to return it for a review.