Cyber Security Ordinance Draft Released, Controversial 7 Clauses Cut

The government has drafted a new Cyber Security Ordinance, making significant revisions to the previous law, including the removal of controversial clause 7 related to freedom of speech and certain investigative powers. Among the most notable changes, the draft eliminates provisions on power abuse, evidentiary value, and the mitigation of inconveniences. Additionally, new crimes related to blackmail, fraud, and the dissemination of obscene content have been added, with stricter penalties.

Under the revised draft, lawsuits can only be filed by the affected individuals, those appointed by them, or law enforcement personnel. This eliminates the previous practice of allowing individuals, including political figures, to file suits under the law for defamation.

The draft, published on Sunday for public feedback on the ICT Division and National Cyber Security Authority (NCSA) websites, maintains safeguards for freedom of speech while imposing penalties for publishing defamatory content related to the Liberation War, the national flag, and the Father of the Nation, Sheikh Mujibur Rahman. Provisions on spreading hatred or disinformation about national symbols and figures are also included, though stricter provisions for wiretapping, seizure, and arrest without warrants have been removed.

Clause 8 of the draft allows the Cyber Security Agency's Director General to request the Bangladesh Telecommunication Regulatory Commission (BTRC) to block or remove digital or electronic content that poses a threat to national security. Law enforcement can also request such actions if they believe the content could harm national unity, economy, or public order.

The ordinance also criminalizes the destruction of critical infrastructure, cyber terrorism, and hacking, making these offenses non-bailable. False accusations and complaints will carry penalties based on the severity of the original offense. Investigations must be concluded within 90 days, with a possible extension of 15 days with higher approval. Devices related to the crime can be seized without a warrant, but the confidentiality of the investigation must be maintained. Legal actions against individuals or entities providing investigative information are prohibited.