Cyber Protection Act 2026: Can Bangladesh protect cyberspace without silencing free speech?

详细摘要

Bangladesh’s proposed cyber law risks criminalising legitimate criticism instead of strengthening targeted protections against online abuse.

Cybersecurity has become a necessity worldwide, and Bangladesh is no exception. The cybersphere opens up new opportunities for good in health and education, and for marginalised communities, but it can also be used to cause harm on a massive scale, instantly, at the click of a button. Democracy is built on our diversity and on each of us having the right to think and act according to our own values, within norms that serve the common good. Drawing a line that respects freedom of expression while protecting society from harm is the challenge. The proposed amendment to the Cyber Protection Act 2026 will shape where that line falls.

What does the law get right? The Act already contains provisions that represent meaningful progress over its predecessor laws, and these should be preserved. Section 50 discontinues pending cases and penalties under some of the most contested provisions of the Digital Security Act 2018 and the Cyber Security Act 2023, while Section 40 limits the filing of complaints to the aggrieved party or law enforcement, which reduces the potential for misuse of third-party complaints. Section 25 is also an important step forward.

However, the proposed amendment would expand Section 25 beyond these specific forms of abuse to cover the publication or dissemination of digital content deemed “defamatory”, “humiliating” or “bullying”. These terms concern criticism, individual reputation and interpersonal disputes. They raise distinct legal questions that require a different response from offences involving technology-facilitated sexual and gender-based violence. The test, therefore, is whether the amendment builds on the Act’s existing progress or risks undermining it by conflating fundamentally different types of harm.

Technology-facilitated gender-based violence (TFGBV) requires a more comprehensive legal and policy response than a single criminal provision can provide.

文章开头，摘自The Daily Star。如需阅读全文，请前往媒体网站。