Wednesday | 11 December 2024 | Reg No- 06
বাংলা
   
Wednesday | 11 December 2024 | Epaper

How to balance between freedom of expression and Cyber security

Published : Monday, 11 December, 2023 at 12:00 AM  Count : 1081
Md Shawkat Alam Faisal
The 75th anniversary of the Universal Declaration of Human Rights (UDHR) prompts a reflection on one of its fundamental pillars-freedom of expression. In the digital age, this right has taken on new dimensions, intertwining with the critical issue of cyber security. Striking a delicate balance between these two imperatives is essential for safeguarding democracy, individual liberties, and the integrity of online spaces.

The advent of the internet has revolutionized the way we communicate, breaking geographical barriers and providing a platform for diverse voices. However, this interconnectedness has also exposed us to new threats, ranging from cybercrime to disinformation campaigns. As society becomes more dependent on digital platforms, the need to secure these spaces becomes paramount.

Article 19 of the UDHR explicitly enunciates the right to freedom of expression, emphasizing its significance as a cornerstone of democracy. While the digital realm offers a global stage for free expression, it is not immune to attempts at censorship and control. Governments, corporations, and malicious actors seek to limit or manipulate the flow of information for various reasons, compromising the very essence of freedom of expression. Cyber attacks on journalists, censorship of online content, and the suppression of dissenting voices pose formidable challenges to democratic values.
Cyber security is the shield that protects the digital landscape from an array of threats, ensuring the confidentiality, integrity, and availability of information. As governments and organizations bolster their cyber defenses, questions arise about the potential impact on freedom of expression. Striking the right balance requires a nuanced approach that addresses security concerns without infringing upon fundamental rights.

One of the central dilemmas is the tension between state surveillance and individual privacy. Article 12 of the UDHR underscores the right to privacy, a critical consideration in the context of state surveillance. Governments argue that robust surveillance measures are necessary to combat cyber threats and maintain national security. However, the unchecked expansion of surveillance can infringe on the privacy rights of citizens, creating a chilling effect on free expression. The case of extrajudicial surveillance on journalists and activists underscores the importance of ensuring that such measures adhere to legal frameworks and respect individual rights. Achieving a balance involves establishing clear legal frameworks, oversight mechanisms, and transparency in surveillance practices.


The growing influence of social media platforms in shaping public discourse brings attention to Article 21 of the UDHR, emphasizing the right to participate in government and the right to access information. Social media platforms, often the epicenter of online discourse, face the challenge of curbing harmful content without stifling freedom of expression. Stricter content moderation policies are implemented to counter hate speech, disinformation, and cyberbullying. Yet, the subjective nature of content moderation raises concerns about biased censorship and the suppression of dissenting opinions. Transparent and accountable moderation practices are essential to safeguard the integrity of online spaces.

Article 28 of the UDHR highlights the right to a social and international order in which the rights and freedoms set forth in the declaration can be fully realized. Given the borderless nature of the internet, international cooperation is vital in addressing cyber threats while upholding freedom of expression. Establishing global standards and norms for cyber security can foster collaboration and ensure that measures taken by one country do not undermine the rights of individuals in another. This approach requires diplomacy, trust-building, and a commitment to a shared vision of a secure and open digital environment.

In line with Article 26 of the UDHR, which underscores the right to education, promoting digital literacy is a crucial aspect of navigating the nexus between freedom of expression and cyber security. Educating individuals about online threats, misinformation, and responsible digital behavior empowers them to navigate the digital landscape safely. By fostering a critical understanding of the information they encounter, users can contribute to a more resilient and informed online community.

Bangladesh, as a signatory to the UDHR, has committed to upholding this fundamental right. A pertinent case study in the Bangladesh context is the implementation of the Digital Security Act (DSA) 2018 or the new shape of it as Cyber Security Act 2023. While the act aims to address cyber threats, concerns have been raised about its potential impact on freedom of expression. Critics argue that certain provisions of the Act, such as those related to defamation and spreading false information, may be used to stifle dissent and curtail legitimate expression.

As we celebrate the 75th anniversary of the UDHR, the intersection of freedom of expression and cyber security demands careful consideration. Safeguarding the open exchange of ideas in the digital age requires a concerted effort to address challenges posed by cyber threats without compromising fundamental rights. Through international cooperation, transparent governance, and a commitment to digital literacy, we can forge a path that preserves the essence of freedom of expression while ensuring the security of our increasingly interconnected world.

The writer is an LL.B (Hons.) Graduate and LL.M (International Law) Candidate at the Department of Law, University of Rajshahi



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