Fear of curtailing freedom of expression in draft of Cyber Security Act: TIB

Transparency International Bangladesh (TIB) has expressed concern that several provisions in the draft Cyber Security (Amendment) Act 2026 may create major risks to the fundamental rights, freedom of speech and free expression of the people. The organisation has demanded rearrangement of the draft in the light of the opinions of relevant experts and stakeholders and international best practices.

In a statement sent to the media, Executive Director of TIB Dr Iftekharuzzaman said three different issues—cyber crime, cyber security and the right to expression—have been brought under the same law in the draft on Friday (September 11). This creates the opportunity for misinterpretation and misuse of the law and raises the risk of human rights violations.

He said the definitions given in the draft for various issues such as ‘rumour’, ‘misinformation’, ‘derogatory’, ‘defamatory’ and ‘insulting to the state’ may create the opportunity for arbitrary application. As a result there is a risk of particularly freedom of speech and fundamental human rights being affected.

TIB has also mentioned that the definitions of ‘sexual harassment’ and ‘sextortion’ have been given incompletely and unprofessionally. According to the organisation, this may lead to real crimes being concealed as well as the rights of the victims being undermined.

TIB has also objected to keeping Section 23 as a non-bailable offence under Section 46(2) of the draft. Section 23 includes issues such as ‘friendly relations with any foreign state’ and ‘for the benefit of any foreign state or any person or group’ along with the security and defence of the country. The organisation believes that due to the lack of clear explanation of these issues, the opportunity for misuse of the law on dissent and freedom of speech may be created.

TIB has also objected to the proposal of keeping only two persons as private sector information technology or human rights experts in the 28-member National Cyber Security Council including the Prime Minister. The organization has expressed concern that as those two persons will also be nominated by the government, the council may come under the direct control of the government.

Dr Iftekharuzzaman said the council must be formed with independent and non-partisan experts. At the same time he demanded cancellation of the proposal for criminal and civil immunity for the members of the council and empowered officers-employees for activities done in ‘good faith’.

According to TIB, if the draft is approved in the current state, the opportunity for unrestricted surveillance and lack of accountability in the cyber space may be created. This will also increase the risk of suppressing dissent and violating fundamental human rights.

Mentioning the commitment of cyber security for all citizens in the election manifesto of BNP, TIB has demanded rearrangement of the draft law on the basis of the opinions of stakeholders and experts.