Hyper Surveillance In The Criminal Justice System: Balancing Security And Civil Liberties In South Asian Countries (Afghanistan, Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan, and Sri Lanka) 264 4. Bangladesh’s Digital Security Act: Bangladesh’s Digital Security Act (DSA) has been criticized for its vague provisions and potential for misuse against journalists, activists, and political opponents. The law grants authorities broad powers to monitor online activities, leading to concerns about censorship and suppression of freedom of speech35. Instances of arrests and prosecutions under the DSA for peaceful expression have raised alarms about government overreach and violations of fundamental rights. 5. Nepal’s Cybercrime Legislation: Nepal’s Cybercrime Act has been criticized for its overly broad provisions and potential for misuse against individuals critical of the government. The law criminalizes online expression deemed to be defamatory or against public morality, leading to concerns about censorship and self-censorship36. Instances of arrests and prosecutions under the law for exercising freedom of speech online have raised questions about its compatibility with international human rights standards. These cases highlight the importance of balancing technological advancements with respect for human rights and the rule of law. While technology can enhance the efficiency of criminal justice systems, safeguards must be in place to prevent abuses of power, protect privacy rights, and ensure accountability and transparency in surveillance practices. Efforts to address concerns related to technology failure and infringements of rights should involve robust legal frameworks, independent oversight mechanisms, and public dialogue to uphold democratic principles and protect civil liberties. 35 Human Rights Watch. (2021). Bangladesh: Free Prisoners Held Under Abusive Law. Retrieved from https://www.hrw.org/news/2021/02/23/ bangladesh-free-prisoners-held-under-abusive-law 36 Article 19. (2020). Nepal: Cybercrime Legislation a Major Threat to Freedom of Expression. Retrieved from https://www.article19.org/resources/ nepal-cybercrime-legislation-a-major-threat-to-freedom-of-expression/
RkJQdWJsaXNoZXIy MjEzNzYz