Transparency International Bangladesh (TIB) has expressed deep concern that the draft Cyber Security (Amendment) Act, 2026 contains provisions posing serious risks to fundamental human rights, freedom of speech, and freedom of expression.
The anti-corruption organisation has called for the draft legislation to be comprehensively revised in light of the views of relevant experts and stakeholders as well as international good practices.
In a statement issued to the media, TIB Executive Director Dr Iftekharuzzaman said the draft law brings three complex and distinct issues – cybercrime, cybersecurity, and freedom of expression – under a single statute without giving adequate attention to any of them.
He said incorporating regulatory provisions concerning people’s freedom of expression in cyberspace falls outside the scope of such legislation and is contrary to global good practices, creating scope for risky misinterpretation, deliberate misuse, and human rights violations.
Risk of repression and vague definitions
Warning that approving the draft in its current form could transform Bangladesh’s cyberspace into an environment of unchecked surveillance, impunity, and repression, Iftekharuzzaman said concepts including “rumour,” “misinformation,” “demeaning,” “defamatory,” and “insulting to the state” are defined in ways that create scope for deliberate misinterpretation and targeted misuse.
He added that terms such as “sexual harassment” and “sextortion” have been defined in an unprofessional and incomplete manner, creating the possibility of concealing actual crimes, protecting the accused, and depriving victims of their rights.
Moreover, Section 46(2) identifies Section 23 as a non-bailable offence, introducing concepts including “friendly relations with a foreign state” and acting “for the benefit of a foreign state or any person or group”.
Iftekharuzzaman observed that the lack of clear definitions and potential practical implications left to the discretion of those in power create significant scope for abuse and seriously threaten dissent and freedom of speech.
Unaccountable Council and immunity clauses
Referring to the proposed National Cyber Security Council, he pointed out that the 28-member body comprising the prime minister provides for only two private-sector experts on “information technology or human rights,” both nominated by the government.
He warned that under direct government authority, the Council could acquire sweeping powers to interpret and arbitrarily enforce provisions in an unaccountable manner.
TIB called for the Council to be composed of relevant experts who are independent of government control and capable of discharging responsibilities in a non-partisan manner, proposing that rule-making authority be vested in this independent Council rather than the government.
Iftekharuzzaman also highlighted that the draft grants Council members, officials, and employees immunity from criminal and civil proceedings for actions carried out in “good faith,” which is inconsistent with the fundamental legal principle that “everyone is equal in the eyes of the law.”
He warned that if approved without comprehensive revision, public access could be controlled at government discretion and the suppression of dissent and violations of fundamental human rights could become normalised.
Call for manifesto compliance
Reminding the ruling BNP of its election manifesto commitment to ensuring the cyber security of all citizens, TIB strongly demanded that the draft be thoroughly revised through necessary amendments, additions, and deletions based on stakeholder views and international best practices.
Media inquiries regarding the statement can be directed to Mohammad Tauhidul Islam, Director of Outreach and Communication.
