THE acquittal of a journalist in a case under the Digital Security Act bolsters the concern that the act is abused to restrict investigative journalism and muzzle the freedom of expression. A journalist from Naogaon, a correspondent of the Daily Observer and divisional newspaper Dainik Sonar Desh, was taken in custody on April 11, 2020 for interrogation on allegations of having spread false information and tarnished the image of the state and the government on social media and sent to jail. He was denied bail on 14 occasions until December 2020 when obtained bail from the High Court. Securing bail after languishing in jail for eight months, as the journalist says, was just the beginning of his ordeal as the fight against the fabricated charges brought against him continued for three more years until the Rajshahi Cyber Tribunal found him innocent and acquitted him of the charges on January 31. The acquittal has proved the innocence of the journalist, but it does not resolve the issue of mental agony and socio-economic sufferings that he endured. His lawyer has, therefore, demanded compensation.
The journalist’s acquittal is in a way an exception as all the accused under the law are caught in a legal limbo. A Centre for Governance Studies report says that only 2 per cent of the accused under the law saw their cases closed. The law stipulates that an investigation report must be submitted in 60 days and, if needed, the investigating officers can seek a 15 days’ extension; the case afterwards falls under the tribunal jurisdiction. Many people, including journalists, arrested under this act, however, languish in jail for more than the stipulated 75 days. On a number of occasions, lawyers representing persecuted journalists said that the delay in investigation is part of the harassment and suggested that such cases are politically motivated. Many journalists have alleged that they are subjected to fabricated charges for their reports on corruption and irregularities of government officials and local leaders and activists of the ruling Awami League and the Chhatra League. The CGS report corroborates the claims in that at least one case, on an average, was filed every week under the act by ruling party activists in 2018–2022.
It is time that the government realised is undemocratic, repressive approach in digital governance and reviewed policy moves taken under the Digital Security Act. The government must immediately stop the abuse, and misuse, of the act to muzzle journalistic work and heed public opposition to the act by repealing it. The journalist community at large must mobilise for an early end to the legal struggle of persecuted journalists and demand damages for the sufferings.
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