Telecom Reform Reshapes Regulation: Internet Shutdown Power Revoked

The interim government is passing Bangladesh’s Telecommunications Act at the last moment, introducing significant reforms including a ban on internet shutdowns and measures to ensure accountability within the surveillance framework and the telecom sector. The Ministry of Home Affairs has already been instructed to draft the detailed regulations under the new law.

The information was confirmed in a Facebook post at 11:00am on Wednesday, February 11, by Faiz Ahmad Taiyeb, Special Assistant to the Chief Adviser.

In his post, he described the amendments as “not merely a legal change, but a courageous step toward redefining the relationship between the state and its citizens on a new foundation.”

According to him, only in the case of certain strategically important “once-in-a-time” licenses tied to the national economy will a condition remain for ministerial review, based on independent joint research conducted by industry and academia.

Key Features of the New Law

Investment-Friendly Framework:
To restore confidence in this domestic and foreign investment-driven sector, all fines have been reduced to one-third. As a result, Bangladesh’s telecommunications sector will no longer send negative signals during investors’ due diligence and feasibility assessments.

Ensuring Transparency and Accountability:
A high-powered quasi-judicial transparency and accountability committee has been formed to review the activities of the Ministry and the Bangladesh Telecommunication Regulatory Commission (BTRC). The committee will conduct post-facto reviews of decisions taken.

Parliamentary Accountability:
To ensure accountability to elected representatives, a mandatory provision has been introduced requiring regular reporting to the parliamentary committee.

Ban on Internet Shutdowns:
The most historic aspect of the law is the withdrawal of the legal authority to shut down the internet in Bangladesh. Citizen connectivity, information flow, and the continuity of the digital economy now have legal protection.

International-Standard Lawful Surveillance Framework:
Replacing the previous opaque and criticized surveillance structure (through amendment of Article 97), an internationally compliant lawful interception system has been introduced. Surveillance has been categorized into two types: “emergency” and “non-emergency.” Clear structural guidelines have been established, including pre-approval and post-facto review mechanisms, case-by-case standard operating procedures, defined time limits, event logging, and access control systems.

In his Facebook post, Faiz Ahmad Taiyeb stated that in a country where restrictive provisions of the telecom law had previously been misused to conduct unlawful surveillance, silence citizens by shutting down the internet, and where allegations of enforced disappearances and loss of lives had arisen as a consequence—such humane, responsible, and justice-based amendments to the telecommunications law are undoubtedly historic.

He expressed firm belief that this fundamental reform will be recorded in history as one of the interim government’s greatest achievements. “This is not just a legal change—it is a bold step toward restructuring the relationship between the state and its citizens,” he wrote, reiterating that the reform will stand as one of the government’s major accomplishments.

Finally, he congratulated Chief Adviser Professor Dr. Muhammad Yunus, the top management of the country’s law enforcement agencies, and all others who contributed to the amendment of the law.

DBTech/SH/IH/OR