CSA may curtail free speech
Transparency International Bangladesh (TIB) has warned that several provisions of the draft Cyber Security (Amendment) Act, 2026 pose serious risks to citizens’ fundamental rights, freedom of speech and freedom of expression.
The organisation has called for a thorough revision of the proposed law, taking into account the opinions of relevant experts and stakeholders as well as international best practices.
In a statement sent to the media on Friday, TIB Executive Director Dr Iftekharuzzaman said the draft law seeks to bring three complex and distinct areas-cybercrime, cyber security and people’s right to freedom of expression-under a single legal framework.
As a result, he said, none of these areas has been given adequate attention, while the broad provisions create scope for misinterpretation and misuse, raising concerns about possible violations of human rights.
Dr Iftekharuzzaman said cybercrime and cyber security are specialised areas requiring specific legal and technical approaches. Freedom of expression, on the other hand, is a fundamental right and a separate issue.
He said regulating freedom of expression in cyberspace under a cyber security law was beyond the scope of such legislation and contrary to global best practices.
TIB expressed concern that Bangladesh’s cyberspace could turn into an environment of unrestricted surveillance, lack of accountability and repression if the draft law is enacted without substantial changes. Dr Iftekharuzzaman said several concepts in the proposed law-including “rumour”, “misinformation”, “defamation”, “defamatory content” and anything considered “insulting to the state”-have been defined in ways that could allow deliberate misinterpretation and targeted misuse.
Such provisions, he said, pose particular risks to freedom of speech and other fundamental human rights.
TIB also raised concerns about the definitions of “sexual harassment” and “sextortion”, describing them as unprofessional and incomplete.
According to the organisation, inadequate definitions could result in genuine offences being overlooked or obscured, while creating opportunities for accused persons to escape accountability and victims to be deprived of their rights.
The organisation also expressed concern over the proposed classification of Section 23 as a non-bailable offence under Section 46(2) of the draft law.
Concerns over Cyber Security Council
TIB questioned the proposed structure and composition of the National Cyber Security Council.
Under the draft, the council would consist of 28 members, including the Prime Minister.
Only two representatives from the private sector would be included as experts in information technology or human rights, and they would also be nominated by the government.
Dr Iftekharuzzaman said such a structure could leave the council under direct government influence.
He warned that this could enable the council to acquire unchecked authority to interpret and enforce the law arbitrarily and potentially with ulterior motives.
TIB called for the National Cyber Security Council to be composed of independent experts from relevant sectors who would be able to perform their responsibilities impartially and independently, without government control.
The organisation further proposed that, subject to the formation of an independent and impartial council, the authority to formulate rules under the proposed law should be vested in the council rather than the government.
TIB opposes legal immunity
TIB also objected to the proposed immunity from criminal and civil proceedings for council members and officials authorised under the law for actions taken in “good faith”.
Dr Iftekharuzzaman said such immunity conflicts with the fundamental principle that everyone is equal before the law.
He questioned why officials exercising significant powers under the proposed legislation should receive protection from legal proceedings for actions carried out under the broad interpretation of “good faith”.
Considering the overall provisions of the draft, Dr Iftekharuzzaman warned that approving the law without thorough revision could turn Bangladesh’s cyberspace into a domain of unrestricted surveillance, weak accountability and repression.
He said public access to cyberspace could potentially be controlled at the discretion of the government, while suppression of dissent and violations of fundamental human rights could gradually become normalised.
TIB therefore urged the government to undertake a comprehensive review of the draft, consult experts and stakeholders, and ensure that the final legislation complies with international standards while protecting citizens’ fundamental rights.
The organisation also reminded the government of the ruling Bangladesh Nationalist Party (BNP)’s commitment in its election manifesto to ensure cyber security for all citizens.
TIB stressed that cyber security must be ensured without compromising freedom of speech, freedom of expression, privacy or other fundamental rights.
