Telecom Transformation Through New Regulatory Ordinance

In a bid to bring transformative change to the telecommunications sector, the government has promulgated the “Bangladesh Telecommunication Regulation (Amendment) Ordinance, 2026.” The most significant feature of the amendment is that “Over-The-Top” (OTT) services such as Facebook, YouTube and WhatsApp, along with various intermediary or online platforms, have been brought directly under the purview of the law.

What the New Amendment Includes

Definition of OTT and Intermediary Platforms:
For the first time, the ordinance provides clear definitions of OTT services and intermediary or middle-layer service providers. From now on, platforms such as YouTube, streaming services, and even social media platforms like Facebook will be required to operate in Bangladesh in compliance with Bangladesh Telecommunication Regulatory Commission (BTRC) guidelines.

Change in Name and Authority of BTRC:
The word “Control” has been removed from the name of the regulatory body, renaming it as a “Regulatory” authority. In addition, the number of commissioners in the commission has been increased by two.

Technological Modernisation:
The new law brings emerging technologies such as Artificial Intelligence (AI), Generative AI, Internet of Things (IoT), and frontier technologies under the definition of “telecommunication services.” As a result, innovations in these areas will now fall within a formal legal framework.

Provisions for Strict Punishment:
If anyone commits a cybercrime or violates telecom laws affecting Bangladesh while operating from outside the country, they will be prosecuted as if the offence had been committed within Bangladesh. The ordinance also provides for criminal proceedings against members of any organisation or force if they violate the law.

Social Obligation Fund (SOF):
The amendment provides for the establishment of a strengthened Social Obligation Fund aimed at expanding internet and telecom services to remote and underserved areas. The fund will be headed by the relevant minister.

While the amendment is expected to facilitate technological modernisation, it will also significantly strengthen government oversight of OTT services and social media platforms. In particular, granting BTRC the authority to formulate intermediary guidelines is expected to enhance the commission’s role in online content regulation and filtering.

However, the mandatory requirement to appoint skilled engineers and technology experts—with at least 15 years of professional experience—as commission members is being viewed as a positive step toward improving professionalism in the telecom sector.

The ordinance was promulgated by the President under special circumstances following the dissolution of Parliament. It came into effect on the day of its publication in the gazette and is widely expected to usher in a new era in the country’s telecom and digital ecosystem.

DBTech/IH/MM/OR