ICNL Flags Free-Speech Risks in Draft Cyber Law Amendment
The International Center for Not-for-Profit Law (ICNL) has independently reviewed Bangladesh’s draft Cyber Protection (Amendment) Act, 2026 and identified several provisions it says could restrict freedom of expression and public participation.
In a Nutshell:
- ICNL has published a legal analysis of Bangladesh’s draft Cyber Protection (Amendment) Act, 2026, examining its compatibility with freedom-of-expression and due-process standards.
- The ICT Division published the draft on September 13 and set September 23 as the deadline for public feedback, leaving 10 days for comments.
- ICNL found concerns with provisions allowing authorities to block or remove online content and websites without prior judicial oversight.
- The analysis also flags proposed offences involving defamation, “humiliation,” “bullying,” rumours and misinformation, arguing that some of these terms are too broad or unclear.
- ICNL says speech-related offences could expose journalists, researchers, media organisations and ordinary users to criminal proceedings.
- It raises concerns over provisions allowing arrests without warrants and possible liability for organisations over online speech by their employees.
- The organisation has called for a longer consultation period, judicial oversight of content blocking, removal of certain speech offences and stronger due-process safeguards.
Context
The analysis comes as the government works to amend the Cyber Protection Act, 2026. A five-member cabinet committee formed in July has been reviewing the draft, which has already drawn heavy criticism for proposing criminal penalties for online expression. This is interesting because the 2026 Act and the 2025 Cyber Protection Ordinance, were specifically designed to remove the speech-related offenses that made the now-repealed Digital Security Act so talked about.
Why it matters
The government says that the amendment is intended to protect people from cyberbullying and harmful online activity while respecting freedom of expression. At the same time, the draft gives authorities powers whose boundaries ICNL says remain unclear. According to our earlier reports, the draft proposes making the publication of unverified online information punishable by up to 10 years in prison and a Tk40 lakh fine. Laws intended to target genuinely harmful online activity become dangerously broad when offenses rely on vague concepts like 'rumor' or 'humiliation.'
What we think
The government has repeatedly spoken of strengthening human rights and improving protections for citizens, but concerns raised by ICNL show that the same problems around vague speech offences, broad enforcement powers and weak safeguards are still appearing in the proposed law. There is no question that online harassment and fraud require strict legal action, but a legal framework like this restricts criticism and public debate. For journalists and researchers, the threat of imprisonment is very risky, making important information never published at all.