Dbarta24 Report — A draft amendment to Bangladesh’s Cyber Protection Act has stirred intense debate, with civil society organizations, media analysts, and political observers warning that the proposed changes could restore draconian controls over free speech similar to the controversial Digital Security Act (DSA) of the previous regime.
The proposed revisions, framed by the Ministry of Posts, Telecommunications and Information Technology, seek to reinstate criminal penalties—including up to five years of imprisonment for defamation and up to 10 years for spreading rumors and misinformation.
Critics argue that vague definitions within the draft create significant loopholes susceptible to political misuse and administrative overreach.
Echoes of Past Repressive Legislation
Under the former Awami League administration, the notorious Digital Security Act included severe prison sentences for defamation, drawing widespread domestic and international condemnation.
Following intense public pressure, the legislation was replaced by the Cyber Security Act (CSA), which commuted defamation penalties to fines rather than prison terms. Subsequently, an interim government promulgated the Cyber Protection Ordinance, stripping away several punitive provisions.
While the current Bangladesh Nationalist Party (BNP) government initially enacted the ordinance into law, the proposed amendments—introduced just six months later—signal a sharp reversal toward heavy criminal penalties.
Key concerns center around Sections 25 and 26 of the draft legislation, which introduce new offenses concerning “defamation,” “contempt,” “rumors,” and “disinformation.” Experts highlight that the lack of clear legal definitions leaves broad latitude for subjective interpretation by law enforcement authorities.
Widespread Opposition and Expert Warnings
Rights organizations and legal experts have expressed deep concern regarding the impact of the proposed legal framework on independent journalism and public discourse.
Transparency International Bangladesh (TIB) warned that enacting the draft in its current form would transform the country’s digital landscape into a “realm of oppression.”
Similarly, Tech Global Institute, a international policy research body, noted that the expanded definition of defamation increases the risk of criminalizing legitimate expression, cautioning that ambiguous terminology allows selective enforcement against dissenting voices.
Internal Government Rift
Sources within the government indicate that the proposed amendments have caused internal division. While several senior ministers advocate for strict penal measures to curb online harassment and false information, others oppose reintroducing jail sentences for defamation.
Dissenting officials within the governing party point to the BNP’s 31-point reform agenda and electoral commitments, warning that re-enacting provisions resembling the old Digital Security Act could undermine the government’s credibility and invite accusations of authoritarian censorship.
Critics within the administration argue that while verified misinformation should be addressed, any penal action must rely on transparent, standardized identification mechanisms rather than broad discretionary powers.
Attempts by media outlets to reach the Minister for Posts, Telecommunications and Information Technology, Fakir Mahboob Anam, the Prime Minister’s IT Adviser, Rehan Asif Asad, and IT Secretary Mamunur Rashid Bhuiyan for official comments were unsuccessful.
However, Dr. Zahed Ur Rahman, Press Adviser to the Prime Minister, stated:
“The draft amendment to the law being discussed has not yet been officially published. Once it is formally released, the government will issue an official statement on the matter.”
As Bangladesh balances digital governance with civil liberties, the direction of the Cyber Protection Act remains a crucial test for the administration. Whether the government will revise the draft to address public and institutional concerns or press forward with punitive measures will shape the future of press freedom and online rights in the country.