The government on Wednesday unveiled the final draft of the Telecommunications Ordinance 2025, eliminating any legal scope for internet shutdowns like that of July 2024 and introducing a stricter framework for lawful surveillance and data interception.
The draft law proposes replacing the controversial National Telecommunication Monitoring Center (NTMC) with the Central Lawful Interception Platform (CLIP), which will require prior approval from a court or a quasi-judicial council before intercepting any individual’s communications.
“This is a great leap towards human rights,” said technology entrepreneur Fahim Mashroor. “But under all circumstances, the government must ensure uninterrupted internet and full accountability of CLIP,” he added.
According to the proposed ordinance, interception can only be carried out by authorised officers “for a specified purpose and limited duration,” following the principles of necessity, proportionality, legality and accountability. Every operation must adhere to a defined access protocol and can be authorised only when the goal cannot be achieved through other lawful means of information collection. The draft explicitly prohibits interception for political or ideological suppression.
The proposed quasi-judicial council will include representatives from the offices of the prime minister, president and speaker, along with a retired Supreme Court justice and a retired district judge. The council will meet twice weekly to approve, modify or reject interception applications submitted by law enforcement agencies.
The ordinance also introduces accountability provisions mandating automatic logging of every interception request, approval and execution to ensure traceability and transparency at all stages. The court may demand access to these logs at any time, while an annual summary of interceptions must be presented before parliament.
However, the draft did not address the long-standing demand for greater institutional autonomy for the telecom watchdog Bangladesh Telecommunication Regulatory Commission (BTRC), whose independence was curtailed under the previous Awami League government.
“Unfortunately, the regulator will still need ministry approval to clear licensing or tariff-related applications,” said Fahim Mashroor, urging that all regulatory bodies must have operational independence to function free of political influence.
