Draft Cyber Security Ordinance makes cybercrime against women, children punishable

The ‘Cyber Security Ordinance 2025’ has been updated on the advice of conscious citizens including Transparency International Bangladesh (TIB). Nine controversial sections have been repealed. More than a dozen new definitions have been added and four crimes have been declared ‘non-bailable’.

In Section 25 (3) of the Ordinance, in addition to making cybercrime against women and children a ‘punishable crime’, other sections have identified defacing of national identity cards as ‘cybercrime’ and publishing of information that incites hatred as a ‘punishable crime’.

“The draft Cyber Security Ordinance 2024 has excluded the oppressive clause allowing police to search anyone's digital devices without a warrant,” said Information and Communication Technology (ICT) Division Secretary Shish Haider Chowdhury on Wednesday (January 22).

Speaking at a press briefing, the ICT secretary announced that the draft has been finalised without oppressive clauses that could target any professional community.

He said law enforcement agencies will now only be allowed to search, seize, or arrest in cases of cyber-attacks on critical information infrastructure (CII).

"Devices seized for cybercrime investigations must be presented in court within 24 hours, and police officers must provide written justifications for any seizure under Section 36 of the draft ordinance."

Additionally, the clause on cyberbullying has been removed, while provisions addressing cybercrimes against women and children have been added, he said.

The secretary further said the draft ordinance also includes provisions to categorise the falsification of national identity cards as a cybercrime.

Furthermore, he said it brings the publication of ethnic and religious hate speech under punishable offences.

"The draft, developed through consultations with stakeholders, may become an ordinance within six weeks," he added.

The revised draft of the ordinance also removed several other controversial clauses, including those on computer source code modification, hate speech against the Liberation War, Bangabandhu Sheikh Mujibur Rahman, the national anthem, or the national flag, impersonation, unauthorised data use, and defamation.