Hate Speech, Harm, and the Law: Taiyeb Clarifies Cyber Security Stance
Although the new Cyber Security Ordinance does not list hate speech or inflammatory statements as a punishable offense under freedom of expression, such speech will be considered criminal if it incites violence.
On the morning of 18 November, Tuesday, Faiz Ahmad Taiyeb, Special Assistant to the Chief Adviser on Posts, Telecommunications and ICT, explained this aspect of the law to netizens in a Facebook post.
He wrote:
“According to the Cyber Security Ordinance 2025, hate speech is not a crime. Hate speech has been respected as part of freedom of speech. However, if hate speech creates violence or calls for violence, then it becomes a crime.”
He issued this clarification amid the unrest and digital threats that surfaced before and after the death sentence for ousted and fugitive former Prime Minister Sheikh Hasina—convicted of using lethal weapons against unarmed civilians during the July uprising.
He further added that broadcasting or publishing the statements of a convicted person is not itself a crime.
“However, if those statements include hate speech that creates violence or calls for violence, that will be a crime. During the drafting of the Cyber Security Ordinance 2025, this position—‘hate speech that instigates violence’ and ‘hate speech that calls for violence’—was unanimously supported in our engagement with human rights activists.”
He added:
“If you listen to Sheikh Hasina’s recent statements, most of them contain open calls for violence; some even call for creating nationwide violence. Therefore, broadcasting such violence-inciting statements on digital media or cyberspace also falls under punishable offense. That is why the National Cyber Security Agency has issued an advisory and warning.”
Earlier, on 17 November night, the National Cyber Security Agency (NCSA) requested media outlets not to broadcast any statements of convicted individuals.
The notice said that the agency was observing with serious concern that some print, electronic, and online news portals were broadcasting statements of convicted and fugitive accused Sheikh Hasina.
Such statements not only disrupt social harmony but also contain direct instructions for violence, disorder, and criminal activities. Broadcasting statements of convicted and fugitive persons violates the Cyber Security Ordinance 2025.
Under Section 8(2), law enforcement agencies may remove or block any digital or electronic content that threatens national integrity, security, public order, spreads ethnic/religious hatred, or calls for violence.
Furthermore, Section 26(1) states that anyone who uses a false identity or unauthorized access to publish or disseminate hate, ethnic hatred, or violence-inciting speech commits a punishable offense.
Under Section 26(2), offenders may face up to two years’ imprisonment or a fine of up to ten lakh taka.
The notice added that NCSA respects press freedom and freedom of expression. Nevertheless, the media must refrain from broadcasting violent, chaotic, criminal, provocative, or violence-inciting statements of convicted individuals and must remain aware of the legal liabilities.
Meanwhile, on 17 November, the International Crimes Tribunal delivered its verdict in the case involving crimes against humanity during the July mass uprising.
Former Prime Minister Sheikh Hasina and former Home Minister Asaduzzaman Khan Kamal received the death penalty, while former IGP Chowdhury Abdullah Al-Mamun was sentenced to five years for turning state witness and revealing the truth.
DBTech/Muim/OR
