Dhaka, Dec 31 (V7N) — Transparency International Bangladesh (TIB) has raised concerns over the proposed Cyber Security Ordinance, describing it as unacceptable in its current form.
At a press conference held at its office on Tuesday, TIB Executive Director Dr Iftekharuzzaman criticized the proposed ordinance for lacking a rights-based framework and instead facilitating restrictions on fundamental freedoms.
Iftekharuzzaman said: “In terms of freedom of expression, this ordinance is more about control and surveillance. It offers no safeguards for people's rights but rather creates avenues to curtail them. Such a law cannot be acceptable.”
The TIB chief particularly highlighted concerns over provisions granting excessive authority to law enforcement, describing them as essentially unchanged from the previous Cyber Security Act.
“This is a risky proposition,” he said. “The ordinance includes numerous ambiguous terms and phrases without providing adequate definitions. This vagueness opens the door for those in power to misinterpret the provisions and infringe upon people’s rights.”
Iftekharuzzaman pointed to Sections 8, 25, 26, and 35 of the proposed ordinance, labelling them as "repressive." These provisions, he said, were directly carried over from the previous Cyber Security Act.
Section 8, for instance, empowers the director general to remove or block digital content deemed a threat to cybersecurity, with the Bangladesh Telecommunication Regulatory Commission (BTRC) acting on the director general’s recommendations, he said. “These clauses are verbatim copies of the previous law and are utterly unacceptable,” he said.
Discussing Section 26, which addresses religious values and sentiments, he remarked: “While we do not oppose protecting religious values, there needs to be a clear definition of what constitutes these values. "Similarly, attacks on secularism, equality, and anti-discrimination principles should also be deemed unacceptable. If these provisions must be included, they should come with explicit definitions, which are currently missing," he added.
TIB's report also criticized the drafting process of the ordinance, stating that it lacked adequate research and failed to include input from relevant stakeholders. Iftekharuzzaman said: “The government consulted very few individuals, making this a rushed and poorly thought-out law.”
He added: “If the government intends this ordinance as a temporary measure during an interim government’s tenure, it might have some justification. However, the risks of misuse would remain. Laws enacted under such circumstances often become permanent and open avenues for abuse by future administrations.”
Highlighting the need for international best practices and expertise, Iftekharuzzaman called for the involvement of the Law Commission and other experts in drafting such laws. “Excluding stakeholders from the process has left us deeply concerned,” he said.
TIB’s analysis of the draft ordinance also flagged the use of complex terminology, such as "cybersecurity," "cyberattacks," and "artificial intelligence," without proper definitions.
It questioned the qualifications and unchecked powers of the BTRC director general and criticized the incomplete definitions of certain offences, including the omission of gambling-related offences.
While the ordinance introduces some new protective measures, TIB remains apprehensive about provisions that allow warrantless arrests and searches.
TIB argued that the proposed law is more suited to being a computer or cybercrime ordinance rather than a Cyber Security Ordinance, emphasizing the need for simplification and clarity to ensure it serves its intended purpose without undermining the rule of law.
END/MSS/AJ
Comment: