The draft Cyber Security Act 2026 has triggered widespread concern among journalists, editors, and rights organisations, who warn that its provisions could severely curtail investigative journalism, critical reporting, and freedom of expression in Bangladesh. The existing cyber law allows action against online content on grounds of national security, defence, integrity, public order, incitement, and communal harmony. However, Section 8(2) of the new draft expands the power to block or remove content not only on the basis of information but also on the basis of apprehension, and it includes information that is “defamatory” or “derogatory” to any person or state.
A key worry is that the draft grants enforcement powers to new government agencies that were never covered before, including the Ministry of Information. Officials in this ministry could use the law to control the media. The current law has 25 sections, mainly related to online sexual harassment, blackmail, pornography, and child sexual abuse. But the amendment greatly expands this scope to include unnecessary defamation, insult, humiliation, and bullying, as well as statements, publications, and reports that may present someone in a disreputable manner.
Critics say this could completely shut down investigative and critical journalism, because anyone can claim to have been “defamed.” Police and others could enter a newspaper, television, or online media outlet, seize content, and take away important information or documents, affecting the entire publication. Section 25 provides for much harsher penalties than before: for ordinary crimes, the penalty has been increased from two years to five years. If the victim is a woman or under 18, the penalty is 10 years and the fine is much higher. These provisions, applied to news reporting, can create widespread fear among journalists, leading to increased self-censorship.
Proposed Section 26(A) makes it an offence to publish or disseminate “rumours” and “false information” in cyberspace, punishable with a maximum imprisonment of 10 years or a maximum fine of Tk 4 million, or both. However, the draft does not clearly define “rumours,” “false information,” “bullying,” “misinformation,” “digital defamation,” “insult,” or “fake news.” This lack of clarity raises fears of misuse. The provisions of Articles 25 and 26 are written broadly, and the definition of rumours includes unsubstantiated or unverified information, news, or claims that are likely to create or “have the potential to create” confusion, fear, or social instability.
Sections 33 and 34 empower authorities to enter, search, and seize computers, digital devices, and stored data. Investigative reporting requires journalists to research and interview sources, many of whom speak on condition of anonymity. If an investigating officer can access a journalist’s phone, computer, and network, such sources will become intimidated and refuse to provide information.
Another contentious addition is trial in mobile courts, which was not in any previous law. Mobile courts are run by executive magistrates under the Deputy Commissioner and District Magistrate, who are part of the government. This means trial through administrators—effectively trial through the ruling government. A minister could influence mobile courts, raising concerns about whether reports highlighting corruption of the government, ruling party, or influential circles would be targeted.
Home Minister Salahuddin Ahmed said two days earlier that the government “considers it reasonable” to make it mandatory to seek court permission before taking action against or arresting a journalist. Out of the 20 sections of the previous law that contained punishment, 14 were non-bailable. The draft law also contains non-bailable sections. Experts say the draft cyber law will have a very negative impact on journalism, democracy, accountable government, and transparent administration. The current Prime Minister has given very positive signals from the beginning about his support for independent media and press freedom.
During a recent exchange of views with the Home Minister, Manabzamin Editor-in-Chief Matiur Rahman Chowdhury said that if the Cyber Security Act is passed without amendments, the country will turn into a big prison. Daily Star Editor Mahfuz Anam said media representatives are worried after seeing the draft. Ekushey Television Chairman and CEO Abdus Salam said that under the Cyber Security Act, if someone does not like an investigative report or feels defamed, there is a possibility of arresting or sending a journalist to prison on that charge, which should not be the case. In a statement a few days earlier, TIB Executive Director Dr. Iftekharuzzaman said the draft includes three complex issues—cybercrime, cyber security, and the right of people to express their opinions—in one law, but does not give due importance to any of the three. Rather, it creates the possibility of risky and purposeful misinterpretation and misuse, creating the possibility of human rights violations. It also includes issues that restrict people’s freedom of expression in the cyber world, which is completely different, outside the scope of such laws, and contrary to global best practices.
