The 'Cyber Protection Ordinance, 2024' was passed by the Advisory Council on Tuesday, removing all the controversial clauses in the previous Cyber Security Act. ICT Policy Advisor Faiz Taiyeb Ahmad said that Bangladesh is the first country in the history of South Asia to recognize the right of its citizens to access the internet around the clock. According to him, the law is very rich in terms of organization and future-oriented. At the same time, it is also rich in terms of technology and technical aspects. This law provides adequate benefits to the victims in terms of humanitarian and compensation issues. It has created an obligation to inform the court about the issue of harassment. At the same time, it has also given adequate space to the judge. Most of the sections of the law have been made bailable and the punishment has been reduced to half, unlike the Digital Security Act. The Policy Advisor said these things in an exclusive conversation with DigiBanglaTech.News Executive Editor SM Imdadul Haque about the law after it has been passed.
Question: Will the newly passed Cyber Protection Ordinance ensure citizens’ uninterrupted internet access rights?
Faiz Taiyeb Ahmad: The “Cyber Protection Ordinance, 2024” explicitly ensures protection not only for individuals but also for institutional, financial, and business sectors. It incorporates software, APIs, portals, and tools under the umbrella of cybersecurity. Specifically, Section 2(v) includes the right to uninterrupted internet access for citizens. The ordinance redefines cyberspace comprehensively, reflecting advancements in technology. Unlike the previous “Digital Security Act,” which was labeled as draconian, this is an entirely new and forward-looking law.
Question: What changes have been made in the definitions within the new law?
Faiz Taiyeb Ahmad: The law introduces significant innovations in its definitions. It incorporates technologies such as artificial intelligence (AI), machine learning (ML), large language models, blockchain, and quantum computing. The ordinance ensures that cybersecurity involves not just humans or institutions but also AI agents as active participants in addressing risks. It includes AI-generated data, digitally signed or unsigned documents, and digital assets within its scope. This makes Bangladesh the first South Asian nation to recognize uninterrupted internet access as a fundamental right. It also expands definitions for critical information infrastructure, global internet threats, and data logging protocols. Moreover, the inclusion of software, APIs, and algorithms addresses the latest trends in digital forensics and cybersecurity operations.
Question: How capable is the country in implementing this law?
Faiz Taiyeb Ahmad: The law mandates internationally certified directors for the Digital Security Agency. Section 9 establishes a National Computer Emergency Response Team (CERT), Security Operations Centers (SOC), and mechanisms to protect critical infrastructure. Recruitment criteria ensure expertise in digital security, while interoperability among agencies is emphasized for addressing cyber risks. Modern tools like SIEM, SOAR, and NDR are recommended, enabling Bangladesh to collaborate with global partners to assess and mitigate threats effectively.
Question: How will accountability and responsiveness be ensured?
Faiz Taiyeb Ahmad: The ordinance mandates quarterly meetings of the Cyber Security Council to address critical infrastructure protection, compared to the annual meetings in the previous law. It grants emergency meeting authority to the ICT Advisor or Minister, making the council more responsive.
Question: Does the law sufficiently protect victims of cybercrime?
Faiz Taiyeb Ahmad: Section 25 includes “cyberbullying,” defined as harassment or defamation through social media, messaging apps, or online platforms. It ensures adequate compensation for victims, allowing tribunals to impose significant fines. The ordinance also empowers judges to determine fair compensation, ensuring that victims receive proper redress.
Question: Will this law prevent police abuse?
Faiz Taiyeb Ahmad: Section 33 requires investigative officers to promptly notify courts about any evidence seizure, curbing potential misuse. Section 35 mandates that arrested individuals be presented to a magistrate or tribunal without delay, significantly reducing the scope for abuse compared to previous laws.
Question: What will happen to ongoing cases under the Digital Security Act?
Faiz Taiyeb Ahmad: Eight provisions of the Digital Security Act (Sections 21-24, 25, 26, 28, 29, 31, and 34) have been repealed. All pending cases under these sections will also be nullified, ensuring relief for those previously prosecuted.
DigiBTech: Thank you for your time.
Faiz Taiyeb Ahmad: Thank you. My gratitude to the readers.
