Bangladesh: Concerns about the draft Cyber Protection Ordinance
OPEN LETTER
Chief Advisor Muhammad Yunus
Interim Government of Bangladesh
Dhaka, Bangladesh
15 January 2025
Dear Professor Muhammad Yunus,
We are writing to you about the Cyber Protection Ordinance. We welcome the positive move by the interim government, on 7 November 2024, announcing to repeal the Cyber Security Act (successor of the Digital Security Act 2018), which was used by the previous regime to curb press freedom and criminalise dissent, creating a chilling effect for freedom of expression in the country. To replace the law, a Cyber Protection Ordinance (CPO) was drafted that has removed some of the restrictive provisions of the Cyber Security Act. The interim government's advisory council approved the draft ordinance on 24 December 2024.
However, concerns have been raised by civil society groups, media professionals and human rights defenders that some of the repressive provisions of the previous Act have remained that are inconsistent with Bangladesh’s international human rights obligations under the International Covenant on Civil and Political Rights (ICCPR) and could be used to stifle online expression.
Section 25 of the CPO contains provisions that make it an offence to ‘transmit, publish or disseminate any information with intent to insult, harass or defame’ a person. These are vague and overly broad terms that pose a threat to freedom of expression and could deter legitimate comments or criticism of individuals, especially those in power. Further, the UN Human Rights Committee, in General Comment 34, have urged states to decriminalise defamation. This section also specifically recognises "cyberbullying" as a crime. This is a broad term that can be used arbitrarily to criminalise any form of criticism that may be deemed to harass or abuse people.
There are also concerns about Section 26 of the CPO that will allow the prosecution and jailing of citizens who "hurt religious sentiments". This is an impermissible restriction as under relevant international standards the right to religion or belief does not include the right to be free from criticism and ridicule.
Section 8 of the CPO empowers the Bangladesh Telecommunication Regulatory Commission (BTRC) to remove or block content that may undermine "national unity," "economic activity," "security," "defence," "religious values" or "public order," on request of law enforcement agencies and the director-general of the National Cyber Security Agency. We are concerned about the vague and undefined reasons that could be used to remove or block content and excessive powers provided to the commission without any judicial oversight.
Section 35 of the CPO permits warrantless searches, seizures, and arrests, requiring reports to be submitted to a tribunal, but without a defined timeline. This absence of a reporting deadline increases the risk of harassment and abuse by authorities.
Section 46 of the CPO refers to the offences classified as “bailable” and “non-bailable”. For “non-bailable” offences there is no recourse for defendants awaiting trial. These are sections 17, 18(1), 19, 22, 23. This means that the default approach is to keep accused persons in automatic pre-trial detention.
Section 47 allows for the confiscation of legitimate digital materials if they are found alongside prohibited content, a provision critics warn could be used to harass individuals and organisations to the extent of the closure of such organisations.
There have also been concerns around the interim government's decision to allow only three days for public feedback on the draft ordinance and not sharing the latest version that the advisory council approved. The lack of meaningful dialogue and transparency in engaging with civil society and human rights defenders in shaping legislation on digital rights reflects poorly on the government's commitment to human rights and reforms.
Therefore, we urge the interim government to take the following steps:
- To reopen the consultation on the Cyber Protection Ordinance (CPO) and ensure a thorough and inclusive process with all stakeholders especially civil society members and human rights defenders;
- To remove all provisions in the CPO that are inconsistent with the International Covenant on Civil and Political Rights (ICCPR), to which Bangladesh is a state party and other international standards. The interim government should also adhere to the OHCHR technical note of 2022 on this subject;
- Ensure that provisions that allow for removal or the blocking of content must include safeguards such as judicial authorization or oversight;
- Ensure that the powers of any agency is clear and well-defined and subject to safeguards and oversight to prevent possible abuse of powers.
Signed by:
- Front Line Defenders
- CIVICUS: World Alliance for Citizen Participation
CC:
Asif Nazrul (Law, Justice and Parliamentary Affairs Advisor to interim government)
Nahid Islam (Information and Broadcasting advisor to interim government)