Why Bangladesh Still Needs Separate Digital Laws Despite the Cyber Security Act 2023

In recent years, Bangladesh has taken significant steps toward digital governance, notably through the Cyber Security Act 2023, which was designed to replace the heavily criticized Digital Security Act of 2018. The new law aimed to strike a better balance between ensuring national security and safeguarding individual rights online. While the change was welcomed by many, it is becoming increasingly clear that this legislation alone is not enough to address the diverse challenges of today’s digital landscape.

The Cyber Security Act primarily focuses on preventing and punishing cybercrimes, but it lacks the depth and flexibility needed to handle broader concerns such as privacy, online accountability, the ethical use of artificial intelligence in governance, and protection of digital crime victims. As a result, the time has come for Bangladesh to consider developing separate, more specialized laws that respond to these issues directly and effectively. 

Noted that, in 2023, Bangladesh repealed the controversial Digital Security Act of 2018 and introduced the Cyber Security Act as its replacement. While the new law marked a step forward, it still falls short in addressing the full range of challenges in the digital landscape. This article critically examines the existing Cyber Security Act 2023 and proposes why Bangladesh now needs distinct, issue-specific digital laws for long-term governance and protection of digital rights. The goal of this piece is not to revisit repealed laws, but to assess the limitations of the current Cyber Security Act 2023 and advocate for a more comprehensive legal framework.

Cyber Privacy & Rights Act: Protecting the Individual in the Data Age

At present, Bangladesh has no dedicated data protection law. The Cyber Security Act prohibits illegal access to personal data, but it doesn’t offer people clear rights over how their information is collected, stored, used, or deleted. This becomes particularly dangerous as more and more citizens use digital platforms to access health, education, and financial services—often without knowing what happens to their personal data.

A standalone Cyber Privacy & Rights Act could ensure transparency and trust by:
- Requiring informed consent before personal data is collected
- Giving users the right to view, correct, or erase their data
- Restricting mass surveillance without judicial oversight
- Establishing an independent authority to handle data privacy complaints

Without such legal backing, ordinary citizens are left unprotected in an increasingly data-driven world.

Online Content Responsibility Act: Who’s Accountable for What We See?

Every day, thousands of Bangladeshis encounter misleading, harmful, or outright false content on social media. Yet, there is no clear framework defining who is responsible when things go wrong—whether it’s the person who created the post, the platform that hosted it, or the algorithms that pushed it to millions.

The current cyber law punishes certain types of online behavior, but it doesn’t address the complex chain of responsibility in content creation and distribution. A separate law could:
- Hold platforms accountable for hate speech or fake news that they fail to moderate
- Outline fair procedures for content removal or dispute resolution
- Ensure users’ freedom of speech while protecting others from abuse
- Encourage transparency in algorithmic content promotion

Public Procurement AI Oversight Act: Making Technology Work for Transparency

Although Bangladesh has implemented e-GP (electronic government procurement), there is no legal framework to ensure the use of advanced technologies like AI to monitor procurement integrity. Given the risks of corruption and favoritism in public tenders, technology could play a key role in ensuring fair outcomes.

An oversight law in this area could:
- Mandate the use of AI tools to detect suspicious patterns in bidding
- Make procurement data publicly accessible in real-time
- Require dashboards that let citizens track government projects
- Automatically flag inconsistencies or delays for investigation

Without such a system, digitization in procurement risks becoming just another form of paperwork, rather than a meaningful step toward good governance.

Victim Protection in Digital Crimes Act: Focusing on the Survivors, Not Just the Criminals

One of the major criticisms of existing cybercrime laws is that they are offender-centric, meaning they focus more on punishing criminals than supporting the victims. In cases involving online harassment, cyberbullying, revenge porn, or digital fraud, victims—especially women—often face secondary trauma when seeking help.

A separate victim protection law would:
- Enable anonymous reporting of online crimes
- Offer psychological counseling and legal aid
- Require police to handle such complaints sensitively and promptly
- Mandate the swift removal of abusive content

Empowering victims helps break the silence around digital abuse and ensures justice is accessible, not just theoretical.

Why One Law Can’t Do It All

While it might seem simpler to update the Cyber Security Act to include all these concerns, experience has shown that a one-size-fits-all law becomes too bulky to implement effectively. Moreover, when too much power or responsibility is concentrated in one authority, it often leads to inefficiency—or worse, abuse.

Separate laws allow:
- Specialized institutions to evolve and adapt
- Greater clarity in rights and obligations
- Easier enforcement and legal interpretation
- Stronger public trust in digital justice systems

Countries like India, South Korea, and even Kenya are moving in this direction, and it’s time Bangladesh considered doing the same.

A Vision for the Future

If Bangladesh wants to build a digital society that is safe, fair, and rights-driven, it must invest in more than just cybersecurity. The digital world is not just about protecting systems—it’s about protecting people.

The Cyber Security Act 2023 is a beginning, not an endpoint. To truly defend the values of democracy, privacy, transparency, and justice in the digital age, Bangladesh must enact dedicated, issue-specific legislation that reflects the real challenges faced by its people.

Writer: Prosecutor & Special Investigation Officer. International Crime Tribunal