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TIB Executive Director Iftekharuzzaman said, “The review of the ordinance reveals that it largely mirrors the agenda and rhetoric of the previous authoritarian government, with several sections echoing provisions from the former Digital Security Act [DSA] and Cyber Security Act [CSA].

“Although it claims to promote digital rights, it effectively retains the control and surveillance mechanisms of earlier repressive laws. Freedom of speech, expression, free media, and organising rights are at risk as a result of this ordinance.”

Associate Professor Mohammad Ershadul Karim, an expert in law and emerging technologies from the University of Malaya, presented the TIB’s observations.

He raised alarm about the provision of the law that gives broad and unchecked powers to a government figurehead to block content.

“Without transparency and accountability, there’s a risk of abuse of this clause,” said Karim, suggesting the introduction of checks that ensure this power is exercised respecting the right to freedom of expression.

He pointed out that the law contains a provision that addresses cyberbullying, insult, harassment, and blackmail in overly broad terms, risking the classification of legitimate criticism as “insult” or “harassment.”

The provision criminalises content that are “insulting”, “harassing”, “defamatory” and that diminishes a person’s social respect. Karim said that such a law will deter citizens from protesting against injustice or from making constructive criticism.

“This poses a threat to citizens’ freedom of expression. Therefore, this section must be revised in alignment with the Constitution and international human rights standards.”

In addition, TIB also expressed concerns about provisions in the law that will allow prosecution and incarceration of citizens who “hurt religious sentiments”.

Iftekharuzzaman said, “Despite categorising hurting religious sentiments as a crime, the ordinance fails to define what religious sentiments are. While offending religious values is undeniably unacceptable, the same standard should apply to values of equality, non-communalism, and anti-discrimination.

“It is imperative that the inclusion of such a clause not be limited just to the upholding of religious principles. Instead, it should encompass a broader clause to address actions or comments that undermine the principles of equality, non-communalism, and non-discrimination.”

The TIB said the law is trying to address issues that conflict with each other and that they should not even be lumped together under one law.

It proposed the creation of three laws -- one that addresses computer crimes or computer misuse; one that focuses on cybersecurity; and one that addresses the issue of online safety.

A law on online safety would protect the right to freedom of expression, it said.

In his presentation, Karim further said, “There is not much debate about the necessity of having laws to combat computer crimes or protect cybersecurity, so those two laws can be prioritised and drafted first.

“But since a law on online safety is tricky to draft, this should involve multiple stakeholder consultations.”

Professor Sumaiya Khair, adviser (executive management) of TIB attended the event, which was moderated Mohammad Tauhidul Islam, the organisation’s director of outreach and communication.