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Published : 22 May 2025, 08:46 PM
Bangladesh’s interim government has repealed the controversial Cyber Security Act, replacing it with a new Cyber Safety Ordinance that introduces offences related to artificial intelligence while eliminating many provisions previously criticised as suppressing free speech.
The new ordinance, gazetted on Wednesday by the law ministry, omits key sections of the 2023 law, including clauses that criminalised criticism of the Liberation War, Bangabandhu Sheikh Mujibur Rahman, or national symbols such as the flag and anthem.
Instead, it introduces new provisions addressing the misuse of AI tools or agents for hacking or other forms of cybercrime.
Notably, Section 2(La) affirms citizens’ right to uninterrupted internet access and criminalises unauthorised access, including by AI systems.
Section 17 of the ordinance stipulates that if any individual, software developer, or user of artificial intelligence tools knowingly or deliberately gains unauthorised access to critical information infrastructure, or causes damage through such access, their actions will be deemed a criminal offence.
Those found guilty may face up to five years’ imprisonment, a fine of up to Tk 5 million, or both.
Section 20 of the new ordinance criminalises creation, and participation in gambling through cyber platforms, such as online portals, apps, or devices.
The provision also applies to those who assist or encourage gambling activities, including by participating in advertisements or promoting gambling either directly or indirectly.
Offenders may face up to two years' imprisonment, a fine of up to Tk 10 million, or both.
Other sections removed from the new ordinance include Sections 24, 25, 26, 27, 28, 29, 31, and 34. These covered:
Crucially, Section 50 of the new ordinance states that all ongoing or pending investigations, trials, or proceedings under the removed sections of the repealed Cyber Security Act shall be dismissed.
No further legal action may be taken under these provisions, and any sentences or fines already imposed by courts or tribunals under those sections will also be nullified.
Despite reforms, the ordinance retains a controversial clause allowing police to arrest individuals without a warrant.
The government cited “inadequate protections for citizens” and acknowledged that the previous law undermined freedom of expression.
Human rights groups had long described the Cyber Security Act as a “black law” used to stifle dissent.
The ordinance repeals sections related to identity theft, defamation, religious sentiment, and cyberterrorism, among others.
It also annuls all ongoing trials and past sentences issued under those repealed sections, providing a blanket amnesty for those prosecuted under the former law.
