TIB warns draft cyber law poses risks to freedom of expression

Transparency International Bangladesh (TIB) has expressed concern over the draft Cyber Security (Amendment) Act, 2026, saying several provisions could pose serious risks to fundamental rights, freedom of speech and freedom of expression.

In a statement issued to the media on Friday, TIB Executive Director Dr Iftekharuzzaman called for a comprehensive revision of the draft law based on the views of relevant experts and stakeholders and international best practices.

He said the draft brings cybercrime, cybersecurity and the right to freedom of expression under a single law without adequately addressing the distinct nature of the three issues.

“Rather, it creates scope for risky and deliberate misinterpretation and misuse in each of these areas, raising the prospect of human rights violations,” he said.

Iftekharuzzaman said the draft also includes regulatory provisions concerning freedom of expression in cyberspace, which he described as a separate issue that falls outside the scope of such legislation and is inconsistent with international good practices.

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He warned that approving the law in its current form could turn Bangladesh’s cyberspace into an environment of unchecked surveillance, impunity and repression.

He said definitions of terms including “rumour”, “misinformation”, “demeaning”, “defamatory” and “insulting to the state” could allow deliberate misinterpretation and targeted misuse, particularly threatening freedom of speech and fundamental rights.

He also criticised the definitions of “sexual harassment” and “sextortion”, saying they were unprofessional and incomplete and could result in the actual nature of crimes being concealed, accused persons being protected and victims being deprived of their rights.

TIB also raised concerns over Section 46(2), which identifies Section 23 as a non-bailable offence. Iftekharuzzaman said provisions involving concepts such as “friendly relations with a foreign state” and acting “for the benefit of a foreign state or any person or group” lack clear definitions.

Such provisions could be interpreted at the discretion of those in power, creating significant scope for abuse and threatening dissent and freedom of speech, he said.

Regarding the proposed National Cyber Security Council, Iftekharuzzaman said its proposed 28-member structure, including the prime minister, would have only two private-sector experts on information technology or human rights, both of whom would be nominated by the government.

He said the council could therefore acquire sweeping powers under direct government authority to interpret and enforce the law in an arbitrary and unaccountable manner.

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TIB called for the council to be composed of relevant experts who are independent of government control and capable of performing their duties in a non-partisan manner.

If an independent and neutral National Cyber Security Council is established, the authority to formulate rules should be vested in the council rather than the government, Iftekharuzzaman said.

He also criticised provisions granting council members and officials and employees empowered under the law immunity from criminal and civil proceedings for actions carried out in “good faith”.

Such immunity, he said, is inconsistent with the principle that everyone is equal before the law.

TIB warned that without comprehensive revisions, the draft law could create an environment of unchecked surveillance, impunity and repression in cyberspace, allowing public access to be controlled at the government’s discretion and normalising the suppression of dissent and violations of fundamental rights.

Reminding the ruling Bangladesh Nationalist Party (BNP) of its election manifesto commitment to ensuring cybersecurity for all citizens, TIB urged the government to thoroughly revise the draft, incorporating necessary amendments, additions and deletions based on stakeholder and expert views and international best practices.