Draft Cyber Protection (Amendment) Act 2026 poses serious risk to freedom of expression, and mirrors the Digital Security Act used to repress human rights defenders and journalists
We, the undersigned organisations, committed to promoting and protecting human rights in Asia, are deeply alarmed by Bangladesh Government’s draft Cyber Protection (Amendment) Act 2026. The proposed amendments appear to replicate several regressive provisions of the Digital Security Act of 2018, which was widely criticised for imposing severe restrictions on freedom of speech and expression. The amendments also risk undermining media freedom and restricting public interest reporting. We note that the draft Cyber Protection (Amendment) Act 2026 proposes additional amendments to the Cyber Protection Act 2026 which was enacted on 10 April 2026 and amended shortly thereafter on 30 June 2026.
While we recognise the Government of Bangladesh’s responsibility to effectively address cybercrime, strengthen cyber security and protect the privacy of its citizens, we believe that such measures must be pursued in a manner that fully respects human rights and fundamental freedoms. Efforts to enhance digital security should not result in undue restrictions on freedom of expression, access to information, media freedom or other constitutionally and internationally protected rights which are particularly significant for the work of the human rights defenders.
We are concerned that several terms used in the draft law, including ‘rumour’, ‘misinformation’ ‘digital defamation’ ‘humiliation’ ‘bullying’ and ‘fake news’ are vague, overly broad and open to subjective interpretation. The absence of clear and precise definitions creates significant scope for misapplication and arbitrary enforcement.
Furthermore, the new offences introduced in Sections 25 and 26 impose severe penalties, including lengthy terms of imprisonment, substantial fines, and provisions permitting pre-trial detention for conduct related to online expression. For example, Section 26A prescribes penalties of up to ten years imprisonment, a fine of Taka 4 million, or both, for the online publication or dissemination of rumours and disinformation. Such provisions raise serious concerns regarding the criminalisation of online expression and, the potential for individuals to be criminalised before the accuracy or intent of contested claims can be properly assessed. These broad and punitive provisions grant excessive discretion to authorities, increasing the risk of selective enforcement and abuse.
There are also concerns that proposed amendments would expand the number of authorities empowered to seek the blocking of digital content and make certain crimes non-bailable.
We understand that the Government of Bangladesh carried out a consultation on 10 September 2026, but invited only some media professionals and did not involve civil society organisations or human rights defenders. We recall that it was media professionals, civil society organisations and human rights defenders who together, campaigned against the draconian Digital Security Act of 2018 as the stakeholders severely affected by that Act in the past. We are also aware that the draft Act was posted online on 14 September 2026, giving only a little more than a week to send comments on it. These efforts seem to suggest that the Government wishes to establish the argument that consultation efforts have been undertaken without really taking into consideration the concerns of the relevant stakeholders.
Therefore, we strongly urge the Government of Bangladesh to immediately withdraw the draft Cyber Protection (Amendment) Act 2026 in its current form, given that its provisions risk undermining the rights and freedoms of the people of Bangladesh. We further call upon the relevant authorities to initiate a genuine, inclusive and time-bound consultation process with human rights defenders, civil society, media professionals, technology experts, legal practitioners and other stakeholders. Such a process is essential to ensure that any amendments are comprehensive, rights-respecting and consistent with Bangladesh’s constitutional guarantees and its international human rights obligations and standards.
Signed by:
- CIVICUS: World Alliance for Citizen Participation
- Robert & Ethel Kennedy Human Rights Center
- Front Line Defenders
- South Asians for Human Rights (SAHR)
