Bangladesh Enacts Cyber Safeguard Ordinance to Replace Controversial Law
The interim government of Bangladesh has issued a new ordinance titled the Cyber Safeguard Ordinance, aimed at curbing cybercrime and ensuring online security. The Ministry of Law, Justice and Parliamentary Affairs issued the ordinance on Thursday, May 22, and it has already been published in the official gazette.
Due to the dissolution of the parliament and the urgency of the situation, the ordinance was enacted and promulgated by the President under Article 93(1) of the Constitution. According to the gazette, the Cyber Security Act 2023 has been repealed. However, specific sections—17, 18, 19, 20, 22, 23, 30, 32, and 35—will remain in effect.
The ordinance was signed by Dr. Hafiz Ahmed Chowdhury, Secretary of the Legislative and Parliamentary Affairs Division, on Wednesday night, May 21, on the President’s order. Ordinance No. 25 of 2025 has been issued to establish legal provisions for cyber protection, identification of cybercrime, prosecution, and associated matters.
The gazette explains that the previous Cyber Security Act 2023 lacked sufficient safeguards for citizens and was misused to curtail fundamental rights such as freedom of expression. The new ordinance aims to ensure cybersecurity, detect and prevent online crimes, and facilitate proper adjudication of such offenses.
According to the ordinance, “The Cyber Security Act 2023 is hereby repealed, and this ordinance is issued to provide for ensuring cyber protection, identifying, preventing, and suppressing crimes committed in cyberspace, and prosecuting such crimes.”
Professor Asif Nazrul, the interim government’s legal adviser, stated that the ordinance was approved in the Advisory Council meeting held on May 6. “The draft was revised 25 times,” he said, adding that after receiving feedback from the Ministry of Law, the final gazette has now been issued.
For the first time in Bangladesh, internet access has been recognized as a citizen's right under this ordinance. Additionally, online gambling has been banned, and crimes such as violence or sexual harassment against women and children in cyberspace have been criminalized.
Nazrul explained that notorious sections of the previous law, under which numerous controversial cases were filed, have now been nullified. “Cases under nine such sections will now be automatically dismissed. Some other provisions have been amended,” he added.
Regarding freedom of expression, he said, “Only two types of content are now considered offenses: one, publishing or threatening to publish sexually abusive content against women or children; and two, inciting violence through religious hatred. These cases will go to the magistrate’s court, and if the court finds them baseless, they can be dismissed within 24 hours.”
He further noted that cases based on opinions or speech have been made bailable, with a maximum sentence of two years. In contrast, penalties for filing false cases have been made more severe.
Nazrul also pointed out that, “For the first time in South Asia, committing cybercrime using artificial intelligence (AI) has been made punishable. Provisions used to prosecute content related to the Liberation War and Bangabandhu have been removed, as well as sections under which defamation lawsuits were filed.”
