Cyber Protection Ordinance to Replace Controversial Cybersecurity Act
The government of Bangladesh is set to introduce a new Cyber Protection Ordinance 2024, replacing the controversial Cybersecurity Act. Developed in coordination with the ICT Division, the draft of the new law is in its final stages, aiming to address computer-related crimes and hacking while excluding issues related to free speech.
At a press briefing on Tuesday at the Secretariat titled "100 Days of the Interim Government: Law Ministry’s Accountability", Legal Advisor Dr. Asif Nazrul detailed the ministry’s recent initiatives, including progress on the new law.
Dr. Nazrul announced that with the repeal of the Cybersecurity Act, all "speech offense" cases under the act—filed due to opinions or expressions—will be annulled or withdrawn. He emphasized that a specific provision has been incorporated into the new legislation to ensure this. However, cases related to hacking or computer crimes will remain active under the new framework.
Dr. Nazrul stated, “We have assisted the ICT Ministry in consulting stakeholders to facilitate the withdrawal of the earlier act. This new ordinance focuses strictly on cybercrimes like hacking, leaving no room for misuse against free speech.”
Additional Highlights from the Briefing
- Tribunal Reforms: Responding to queries about amendments to the International Crimes Tribunal Act, Dr. Nazrul hinted that specific proposals would empower courts to recommend punitive measures to relevant authorities, though no direct powers have been granted.
- Enforced Disappearances: The ministry has supported ratifying international conventions against enforced disappearances. It also aided in forming a commission to investigate cases of disappearances from the previous Awami League regime and to recommend legal action against those involved.
- Judicial Reform Commission: A commission was formed to strengthen an independent judiciary. Dr. Nazrul reported meeting with the commission on November 12, expressing hope for comprehensive reform proposals soon.
- Electoral and Constitutional Reform: He revealed that commissions for electoral and constitutional reforms have also been established, with ongoing government support. Once the commissions submit their recommendations, political parties will be engaged in dialogue to implement reforms.
Dr. Nazrul dismissed allegations of government repression, asserting, “The government does not wish to follow the path of the previous regime’s oppression. Any necessary action will be measured and justified.”
Cyber Tribunal Case Data
Under various acts addressing digital and cyber offenses, the following cases are currently under trial:
- ICT Act: 279 cases
- Digital Security Act: 786 cases
- Cybersecurity Act: 275 cases
The Cyber Protection Ordinance 2024 will focus on crimes like hacking and digital fraud while eliminating cases associated with freedom of expression to ensure the safety of citizens and uphold digital security.
