Draft cyber law could enable ‘unchecked surveillance, impunity and repression’: TIB

The draft Cyber Security (Amendment) Act, 2026 could create an environment of “unchecked surveillance, impunity and repression” in Bangladesh’s cyberspace and pose serious risks to freedom of speech and expression, Transparency International Bangladesh (TIB) said today (11 September).

The anti-graft watchdog called for a comprehensive revision of the draft, taking into account the views of relevant experts and stakeholders as well as international good practices.

In a press release issued today, TIB Executive Director Iftekharuzzaman said the draft law brings cybercrime, cybersecurity and people’s right to freedom of expression under a single law without adequately addressing the distinct nature of each area.

This creates scope for “risky and deliberate misinterpretation and misuse” and could lead to human rights violations, he said.

Iftekharuzzaman also said provisions regulating freedom of expression in cyberspace were a separate issue and should not be included in such legislation.

TIB raised concerns over the draft’s definitions of terms including “rumour”, “misinformation”, “demeaning”, “defamatory” and “insulting to the state”.

The watchdog said the vague definitions could allow deliberate misinterpretation and targeted misuse, particularly against freedom of speech and fundamental rights.

It also criticised the definitions of “sexual harassment” and “sextortion” as unprofessional and incomplete, saying this could obscure the actual nature of the offences, protect accused persons and deprive victims of their rights.

TIB also raised concerns over Section 46(2), which makes an offence under Section 23 non-bailable.

According to TIB, Section 23 uses terms such as “friendly relations with a foreign state” and acting “for the benefit of a foreign state or any person or group” without clearly defining them.

Such provisions could leave interpretation to the discretion of those in power and create significant scope for abuse, seriously threatening dissent and freedom of speech, Iftekharuzzaman said.

TIB also questioned the composition of the proposed National Cyber Security Council, which would have 28 members, including the prime minister.

Only two members would be private-sector experts in information technology or human rights, and they would be nominated by the government, the watchdog said.

Iftekharuzzaman said the proposed council, operating under the government’s direct authority, could acquire sweeping powers to interpret and enforce the law arbitrarily and without accountability.

He called for the council instead to comprise relevant experts who are independent of government control and capable of performing their responsibilities in a non-partisan manner.

TIB also proposed that, subject to the formation of an independent and neutral National Cyber Security Council, the authority to formulate rules should rest with the council rather than the government.

The watchdog further objected to a provision granting council members and officials and employees empowered under the law immunity from criminal and civil proceedings for actions carried out in “good faith”.

Iftekharuzzaman said such immunity was inconsistent with the principle that “everyone is equal in the eyes of the law”.

“If approved without comprehensive revision, the draft law would create an environment of unchecked surveillance, impunity and repression in Bangladesh’s cyberspace, where public access could be controlled at the discretion of the government, and the suppression of dissent and violations of fundamental human rights could become normalised,” he said.

TIB reminded the ruling BNP of its election manifesto commitment to ensuring cyber security for all citizens and demanded that the draft be thoroughly revised based on the views of relevant stakeholders and experts and international best practices.