Cybersecurity Law Risks Curtailing Freedom of Expression: TIB

Transparency International Bangladesh (TIB) has said that some provisions in the draft Cybersecurity (Amendment) Act 2026 could create serious risks to fundamental rights, freedom of speech and freedom of expression. The organisation has called for the draft law to be revised thoroughly based on the views of relevant experts and stakeholders and international best practices.

In a statement sent to the media on Friday (September 11), TIB Executive Director Dr Iftekharuzzaman said the draft law brings three complex issues—cybercrime, cybersecurity and people’s right to freedom of expression—under a single law. He said none of these issues has been given proper attention. Rather, the provisions could create opportunities for misinterpretation and misuse, raising concerns about human rights violations.

He said the draft law not only combines the specialised areas of cybercrime and cybersecurity but also includes provisions to regulate people’s freedom of expression in cyberspace. “This is a completely different issue, outside the scope of such a law and contrary to global best practices,” he said.

Expressing concern that Bangladesh’s cyberspace could become a place of unrestricted surveillance, lack of accountability and repression if the draft law is approved, the TIB executive director said several concepts, including rumours, misinformation, defamation, defamatory content and content considered “insulting to the state,” have been defined in a way that could allow targeted misuse through deliberate misinterpretation.

He said this could pose a particular risk to freedom of speech and fundamental human rights. He also said terms such as “sexual harassment” and “sextortion” have been defined in an unprofessional and incomplete manner. This could not only allow actual crimes to remain hidden but also create risks of protecting the accused and depriving victims of their rights, he said. TIB has also expressed concern over the reference to Section 23 as a non-bailable offence under Section 46(2) of the draft law.

Dr Iftekharuzzaman said Section 23 mentions several issues, including the country’s territorial integrity, security and defence, as well as “friendly relations with any foreign state” and matters “for the benefit of any foreign state or any person or group.” However, he said there is a lack of clear explanations of these issues. The practical impact of these provisions could, in many cases, depend on the discretion of those in power. As a result, misuse of the provisions could pose a serious threat to dissent and freedom of speech, he warned.

Dr Iftekharuzzaman also questioned the proposed structure of the National Cybersecurity Council. He said the draft proposes a 28-member Cybersecurity Council, including the prime minister. Only two members are proposed to be included as private-sector experts in information technology or human rights. These two members would also be nominated by the government.

TIB fears that, as a result, the council could remain under the government’s direct control and gain the power to interpret and enforce the law selectively and arbitrarily without adequate accountability. The organisation has called for the National Cybersecurity Council to be formed with experts from relevant sectors who can perform their duties independently and impartially, outside government control.

TIB has also proposed that, once an independent and impartial National Cybersecurity Council is formed, the power to formulate rules should be vested in the council instead of the government. At the same time, the organisation has objected to the proposed immunity from criminal and civil lawsuits for council members and officials and employees empowered under the law for actions taken “in good faith.”

Dr Iftekharuzzaman said such immunity is “contrary to the fundamental principle that everyone is equal before the law.” Considering the overall situation, he said approving the draft law without thoroughly revising it could turn Bangladesh’s cyberspace into a place of unrestricted surveillance, lack of accountability and repression.

He warned that people’s access to cyberspace could be controlled according to the government’s discretion, while suppression of dissent and violations of fundamental human rights could become normal. Finally, TIB reminded the ruling Bangladesh Nationalist Party (BNP) of its election manifesto pledge to ensure cybersecurity for all citizens.