Abstract

ডিজিটাল নিরাপত্তা আইন, ২০১৮ (Act No. 46 of 2018) was enacted in the midst of severe criticism by the stakeholders both home and abroad. Sections 25 and 31 of the Act squarely infringe the fundamental right of freedom of speech guaranteed under Article 39 of the Constitution. The provisions of this Act compromised the freedom of speech without complying the test of reasonableness provided under the said Article. Certain provisions of the Act are vague and ambiguous which violate the age-old principle of criminal jurisprudence that the penal provision must be specific and certain. It did not cross the threshold of doctrine of vagueness. Due to lack of specificity, the provisions of this Act have created inherent opportunity for subjective consideration. The journalists, amongst others, are the victims of exercise of unfettered discretion of the members of law enforcement agencies. A sense of fear in all walks of people has been created.