Press Release
Dhaka, 31 December 2024: TIB has expressed grave concerns regarding several provisions of the Cyber Protection Ordinance, 2024, which may threaten citizens' freedom of expression, dissent as well as media freedom and their right to organize. During a press conference organized to present TIB's observations and recommendations on the ordinance, the organization stated that it largely preserves the regulatory and surveillance mechanisms of previous oppressive laws. TIB further criticized the ordinance for being rushed through approval without providing relevant stakeholders adequate opportunity for review, deeming the process deeply regrettable and unexpected.
In a press statement, TIB Executive Director Dr. Iftekharuzzaman said, “The review of the ordinance reveals that it largely mirrors the agenda and rhetoric of the previous authoritarian government, with several sections echoing provisions from the former Digital Security Act (DSA) and Cyber Security Act (CSA). Freedom of speech, expression, free media, and organizing rights are at risk as a result of this ordinance. Although it claims to promote digital rights, it effectively retains the control and surveillance mechanisms of earlier repressive laws. The ordinance employs complex and ambiguous language, making it difficult to interpret and enforce effectively. Furthermore, by incorporating multiple areas related to cybersecurity in a disorganized manner, it creates confusion rather than clarity. The drafting process failed to incorporate the input of relevant stakeholders, and the ordinance was rushed through approval without adequate time for thorough review. It is particularly uncomfortable that such a regulatory and surveillance-focused ordinance was approved under an interim government, which was established with a commitment to uphold anti-discrimination and democratic principles.”
Dr. Zaman further stated that, “Despite categorizing hurting religious sentiments as a crime, the ordinance fails to define what religious sentiments are. While offending religious values is undeniably unacceptable, the same standard should apply to values of equality, non-communalism, and anti-discrimination. It is imperative that the inclusion of such a clause not be limited just to the upholding of religious principles. Instead, it should encompass a broader clause to address actions or comments that undermine the principles of equality, non-communalism, and non-discrimination. Currently, the ordinance does not reflect the people's aspirations. We urge that it undergoes a thorough revision in consultation with relevant stakeholders before its finalization. This process should ensure that Bangladesh’s constitutional commitments and obligations under international human rights conventions, including the Universal Declaration of Human Rights, are fully upheld.”
TIB has reviewed the Cyber Protection Ordinance 2024 and found its structure and content misaligned with international best practices. While the ordinance seeks to address various aspects of cyber security, cybercrime, and freedom of expression, its vague terminology and complex language have created confusion among both the ordinary public and experts. Additionally, the absence of clear definitions for technical terms such as "artificial intelligence," "block-chain," and "quantum computing" may further complicate the application of the law.
The definitions of “computer,” “data storage,” and “computer system” in Section 2 of the Cyber Security Ordinance, 2024 are overly broad and fail to reflect technical realities, potentially complicating the law’s application. TIB’s review also highlights that the title and structure of the ordinance deviate from international standards. While the title attempts to encompass cyber security, cybercrime, and freedom of expression, it introduces ambiguity. The proposed increase in law enforcement authority under Sub-section (2) of Section 8 raises concerns about potential political misuse or violations of citizens’ internet rights. Additionally, Sections 16 and 17 lack clear provisions for oversight by certified experts in monitoring processes to ensure robust cyber security and manage breaches effectively. Section 25 addresses cyberbullying, insult, harassment, and blackmail in overly broad terms, risking the classification of legitimate criticism as “insult” or “harassment.” This poses a threat to citizens’ freedom of expression. Therefore, this section must be revised in alignment with the Constitution and international human rights standards.
Associate Professor Dr. Mohammad Ershadul Karim, an expert in Law and Emerging Technologies from the University of Malaya, presented TIB’s observations. The event was attended by TIB’s Adviser- Executive Management, Professor Dr. Sumaiya Khair, and moderated by TIB’s Director of Outreach and Communication, Mohammad Tauhidul Islam.
Media Contact:
Mohammad Tauhidul Islam
Director, Outreach and Communication
Phone: +8801713107868
Email: tauhidul@ti-bangladesh.org