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Islam Faijul |
On 21 May 2025 our interim government of Bangladesh
formally gazetted the Cyber Security Ordinance, 2025 effectively replacing the
much-criticized Cyber Security Act, 2023. This ordinance has stirred
significant public discourse given its wide ranging reforms that aim to protect
our citizens from digital crimes as well as threat, mistreatment
while also upholding fundamental rights such as freedom of expression.The
ordinance as confirmed by the law ministry’s spokesperson Md Rezaul Karim
took effect immediately. The ordinance was introduced following legal vetting
and under the presidential authority citing that the previous law lacked
provisions for civil protections in Bangladesh and had the potential for
misuse. The changes represent both a moment of legal reckoning in
Bangladesh and an opportunity for technological and civic progress. Yet,
as with any new legislation the key to its success lies in its implementation
as per to solve the dilemma.
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| Image Source: Legal Giant |
A Shift from Suppression to absolute Safeguards
The Cyber Security Act, 2023 came under fire for enabling
digital authoritarianism. The Act had vague provisions that criminalized
expressions deemed offensive to national figures, symbols, and the spirit of
the Liberation War. Sections 21, 24 through 29, 31, and 34 were commonly used
to intimidate journalists, academics, and citizens who voiced dissent online.
These provisions allowed for prosecution based on subjective interpretations
raising fears of arbitrary arrests and curbing the right to free speech.In a
commendable move the Cyber Security Ordinance, 2025 omits these problematic
sections . Furthermore, the ordinance cancels all ongoing cases and convictions
under them, a rare essence and bold step indicating governmental
acknowledgment of previous overreach . This pivotal reflection reflects not
just a policy change but also a paradigm shift in the state’s approach to
balancing national security with civil liberties for the common people.
Recognizing Internet Access as a Civic Right
Perhaps the most significant development is the formal
recognition of internet access as a civic right. In an increasingly digital
world such recognition is a milestone for the government . Moreover, Internet
connectivity is not just a means of communication but also a lifeline for education,
prosperity, employment, banking and public service access. This
recognition positions Bangladesh alongside a progressive group of nations
advocating for digital integrity . However, rights must be complemented with
infrastructure that should change for the welfare of citizens . In many rural
areas of Bangladesh, internet access remains unreliable. So now the state’s
responsibility to ensure that this declared right does not remain merely
symbolic right but this opportunity actualized through investments in
digital infrastructure and literacy.
Protecting the Vulnerable in Cyberspace
Another critical addition is the criminalization of
online harassment, repression and sexual exploitation of women and children.
The ordinance acknowledges the harmful impact of releasing abusive content in
internet and categorizes such offenses as punishable crimes. Hence this
shift in legal approach is essential for ensuring safe digital spaces
more particularly for marginalized communities often silenced or
re-victimized online in various ways. By including online gambling under
prohibited activities the ordinance also addresses a growing social
concern especially among youth citizens in Broader context. Also identify
digital gambling can quickly lead to addiction to financial ruin and its
regulation is a proactive move to curb a potential social crisis.
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| Image Source: The Daily Star |
Tackling New-Age Threats: Artificial
Intelligence and Cybercrimes
The 2025 Ordinance is reportedly the first in South Asia to
criminalize individual cyber offenses committed using Artificial Intelligence
(AI). With the increasing use of AI tools for identity theft, defamation,
misinformation, deep fakes and financial scams this recognition is both timely
and necessary dor our society . However, implementing this provision
requires technical expertise within law enforcement bodies , the
judiciary, admin body and regulatory bodies. Without proper training and
technology, the regulation of AI-related crimes risks becoming either toothless
or unjust. At the same time, this opens the door for debate how will the law
define the culpability of AI-generated content by laws? Will developers and
platform hosts be held liable for those crimes? These questions must be clearly
addressed in future guidelines to ensure proper accountability without
stifling innovation criteria that are supposedly impossible to identify.
The Spirit of the Ordinance vs. Pragmatic
applicability
Although the ordinance addresses many of the concerns
raised by civil society that's effectiveness will ultimately depend on
transparent enforcement, judicial independence, essence of implementation and
public awareness. Laws, however well-intentioned often collapse
when enforcement agencies misuse them or lack the capacity to interpret them
fairly to implement. Moreover, while repealing the punitive sections of the
2023 Act is a positive step, many worry that the state may introduce
similar controls under different guises in the future endeavour . The ordinance
must not be a temporary mere public relations effort but a
milestone for building trust between the state and its citizens.
Challenges Ahead
There remain several challenges for the successful
implementation of the Cyber Security Ordinance:
1. Capacity Building: Law enforcement agencies, stakeholders,
prosecutors, and judges must be trained in handling cyber offenses more
especially those involving emerging technologies like AI,
blockchain,Cryptology and the dark web.
2. Digital Literacy: Citizens must be educated
about their rights and responsibilities in the digital space first. A lack of
awareness often leads to misuse or victimization particularly among youth
and rural populations.
3. Judicial Oversight: The Courts must
exercise strict scrutiny in the cyber matter over arrests and investigations
under the ordinance to prevent misuse of its provisions.
4. Safeguards Against Arbitrary Actions: Even with
the repeal of several sections deliberately the risk of new ambiguous
provisions replacing them remains. So Safeguards must be built into future
regulations to avoid such repetition in the aftermath.
5.
Data
Protection Legislation: The ordinance touches upon identity theft and misuse of
personal data protection but Bangladesh still lacks a comprehensive data
protection law. So a standalone law on data privacy would complement the
ordinance and complete the country’s digital legal framework more powerful.
Conclusion: A Step in the Right Direction
The Cyber Security Ordinance, 2025 is undoubtedly a bold
step forward. That corrects many of the flaws of its fellow predecessor,
acknowledges the unclear complexities of the digital age and places
Bangladesh on a path toward a more secure and inclusive cyberspace. The
recognition of internet access as of a right, the criminalisation of online
violence including cyber harassing and the omission of oppressive legal
provisions demonstrate a clear intent to prioritize only citizen
welfare.However, the transition from a punitive digital policy to one rooted in
rights based approach and responsibilities must be sustained by institutional
reforms with civic engagement and continuous dialogue between lawmakers,
technologists, experts and civil society. Bangladesh has an biggest
opportunity to set a precedent in South Asia for making democratic
digital governance. Whether this ordinance becomes a model of reform or a
missed opportunity depends not just on what is written in law but also on
how justly that law is applied for the earlier progress of cyber
security.
Author’s Note:
Faijul Islam is a legal researcher
and lecturer of law at Prime University, Bangladesh. His work focuses on
constitutional rights, International organisations and access to maritime
justice in South Asia.