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Published : 06 May 2025, 11:53 PM
The Advisory Council has green-lighted a draft of the Cyber Security Ordinance that repeals nine sections of the Cyber Security Act, infamous as the “black law”, and introduces new provisions.
One of the highlights of the proposed ordinance is its recognition of internet access as a citizen’s right.
The draft also bans online gambling and criminalises online abuse and sexual harassment of women and children.
On Tuesday, the Advisory Council met at the Chief Advisor’s Office, chaired by Muhammad Yunus.
Following the meeting, Law Advisor Asif Nazrul held a press conference at the Foreign Service Academy where he said: “We have revised the draft Cyber Security Act 25 times. We even held a three-hour discussion with civil society critics of the law. It was presented at the Advisory Council meeting today, where we received advice for another amendment. We have agreed to do it.”
He added that the draft ordinance will be vetted by the law ministry and gazetted within the week.
The now-repealed Digital Security Act was passed in Sept 2018 under the ousted Awami League government, drawing criticism from journalists, legal professionals, academics, and international human rights organisations.
Although it replaced the controversial Section 57 of the 2006 ICT Act, many feared abuse would persist as similar clauses were retained.
In 2021, writer Mushtaq Ahmed’s death in prison after his arrest under the Digital Security Act sparked widespread outrage and renewed calls for the law’s repeal.
Despite assurances from the then-Law Minister Anisul Huq, arrests under the Act continued, including a case in Mar 2023, when a journalist was taken from his home in the wee hours and later charged.
In response, the government rebranded the law as the Cyber Security Act, passing it in Sept 2023. Section 42 of the new law granted police the authority to arrest and search individuals without a warrant.
After the fall of the Awami League government, demands for reform included the repeal or revision of their repressive laws. On Nov 7, the interim government decided to abolish the Cyber Security Act.
According to Nazrul, nine sections of the previous Act, which are the basis for 95 percent of all cases, have been repealed. These cases will now be automatically dismissed.
He further noted that some remaining sections in the new draft law have been altered significantly enough that previous charges under those provisions would no longer be applicable.
Provisions criminalising defamatory content about the Liberation War, Father of the Nation Bangabandhu Sheikh Mujibur Rahman, and the national flag have been removed.
Also repealed is the section that criminalised defamation via publication, which was commonly used against journalists, according to the advisor.
Sections covering instigation, false information, and fear-mongering have also been scrapped.
Nazrul said under the proposed law, cyber fraud will be considered a bailable offence. The same goes for cases involving religious or ethnic violence, hate speech, sexual harassment, and blackmail. All offences relating to expression of opinion, dubbed “speech offence”, will be bailable.
A Cyber Security Council will be formed under the new ordinance, with the authority to remove offensive or criminal content. Members of civil society will be included in this council.
“Any content removed must be approved by a court within 72 hours. If the court does not approve, the content must be reinstated. The public must be notified of any content takedown,” he said.
Only two categories of opinion-related offences remain punishable: the publication of sexually harassing content or threats against women and children, and the incitement of religious hatred that leads to violence.
The advisor added that Bangladesh is the first South Asian country to criminalise cybercrime committed using artificial intelligence as a punishable offence.
Legal safeguards have also been added for harassment cases involving women and children. If a judge finds the case to be baseless during preliminary review, it can be dismissed within 24 hours, without waiting for charge sheets.
