No one wants a separate e-commerce law

Not only e-commerce traders but also the teachers, journalists, lawyers, technology professionals, women and small entrepreneurs do not want any new laws for e-commerce. They believe that the draft law that has been made by the Ministry of Commerce will create obstacles in the construction of Smart Bangladesh. Legal experts believe that bringing order and development in this sector is possible only through the amendment of old laws and the use of consumer rights laws and competition laws. Most people think it is in violation of the Constitution and constitutional rights.

Everyone expressed such opinion in the meeting of stakeholders on the draft law held at FBCCI Hall on Sunday organized by E-Commerce Association of Bangladesh e-CAB. While speaking as the chief guest at the meeting, the FBCCI President Md. Jasim Uddin said that, Bangladesh should be allowed to do business in the same way that e-commerce business is running in neighboring or developed countries. But the Act was drafted without the participants. There is no technical person in the Ministry of Commerce to make the law. And the law should be of international standards. If you want, we will write to the Ministry of Commerce and the Chief Secretary. We traders want to do business with compliance. 

While speaking as the special guest, Barrister Tanjim Ul Alam said that, only when there is a problem, a new law is made by the government. It is shirking responsibility. Laws can never solve the mess if they are not enforceable. There is no need for this law. Because, it is all in the existing law. It will mar the business. Three years jail for doing digital commerce. But there is no penalty for doing it in the grocery store. It doesn't happen. This Act provides for employment of a retired Government servant. We don't want to.

e-CAB General Secretary Abdul Waheed Tamal conducted a presentation at the beginning of the meeting by e-CAB Vice President Sihab Uddin Shipan and Director Ambareen Reza. The presentation informed that 1-2 percent of the country's total retail sales come from e-commerce. Highlighting the observations on the proposed Digital Trade (Commerce) Act 2023, they also informed that currently 16 laws are related to the expansion of e-commerce. 21 authorities regulate this business. 5 alternative initiatives are taken to protect the e-commerce sector by avoiding such laws and authorities. Comparing the draft law with the US law including the Indian law, the draft law also violated constitutional rights. This is not realistic.

e-CAB Founder Member Abdul Haque Anu, former Competition Commission Director Khaled Abu Nasser, Chaldal.com Director Ishrat Jahan, Robi Axiata Representative Saeed Ahmed, IXpress Tajul Islam, e-CAB Finance Secretary Asif Ahnaf, Daraz COO and e-CAB were present in the discussion on the draft law. Director Khandkar Tasfeen Alam, CAB Central Committee Member Kazi Abdul Mannan, Lawyer Mahfuzur Rahman Milan, e-CAB Founder Member Iqbal Mahmud Jewel and others spoke in the meeting.

Speaking among others, Ishita Sharmeen of Bikroy.com said, “The challenges are for small entrepreneurs. Facebook is also a market place. Then how will this law be effective? Bring everyone under the umbrella of one law.”

bKash CCO Ali Ahmed said, many people do seasonal business based on Facebook. But as per the new draft, the provision of taking DBID will not help small businesses. Accepting payments will have similar problems.

BIJF president Nazneen Nahar said that the contribution of e-commerce during the pandemic is high. 51 percent of them are women. The rate at which the law would raise costs would hurt the entire business.

Associate Professor of Dhaka University Dr. Subrata Barua said that the Competition Commission and the Consumer Rights Act are sufficient rather than separate authorities. The law is focused on products but neglects services. Warehouse, complaint management is not realistic.

Female entrepreneur and managing director of Sohoz.com Maliha Qadir said, I think the culprits can be punished in the existing law. Protection of consumer rights is sufficient. While offline and online businesses are the same, some initiatives for digital services are well-liked. No need to separate.

Technology entrepreneur Sonia Bashir Kabir, ISPAB president Imdadul Haque, BACCO president Waheed Sharif, Better Stories founder Minhaj Anwar and others joined this meeting online in hybrid model.

While speaking as the President e-CAB president Shomi Kaiser said in the president's speech, theft means theft. It doesn't need to be different, be that online or offline. Further steps will be taken with the opinion of the stakeholders. We do not want this law. There is no need to create a new authority after having an e-commerce sale.