Sci-Tech

Bangladesh bans internet shutdowns in sweeping telecom law reform

Bangladesh is about to bring sweeping reforms to its telecommunications law, permanently banning internet shutdowns and criminalising the misuse of SIM and device registration data for citizen surveillance, in what the government describes as a major step towards protecting digital rights and improving regulatory governance.

The Bangladesh Telecommunication (Amendment) Ordinance, 2025 received final approval from the Council of Advisers on Wednesday (December 24) at its regular meeting chaired by Chief Adviser Prof Muhammad Yunus at his Tejgaon office. Details of the amendment were later disclosed in a press release issued by the Ministry of Posts, Telecommunications and Information Technology.

One of the most significant provisions of the amended ordinance is an explicit guarantee that internet and telecommunication services can never be shut down under any circumstances. The move addresses long-standing criticism of network blackouts and positions uninterrupted connectivity as a statutory right.

The ordinance also restores the institutional independence and accountability of the Bangladesh Telecommunication Regulatory Commission (BTRC), rolling back the controversial 2010 amendment framework that had centralised licensing authority within the ministry. Under the new law, only a limited number of strategically important national-level licences will require ministerial approval, based on independent assessments, while the authority to issue all other licences has been returned to the BTRC.

To strengthen oversight, an Accountability Committee has been formed under the chairmanship of the head of the parliamentary standing committee on posts and telecommunications.

In a bid to make the sector more investment-friendly, the amendment shortens the time required for licence approvals and reduces previously high fines and recurring penalties. Transparency requirements have also been tightened, mandating the BTRC to hold public hearings every four months and publish follow-up actions on its website. New safeguards have been introduced to prevent conflicts of interest within the regulatory framework.

The ordinance introduces robust protections against abuse of personal data. Any attempt to monitor, harass or surveil citizens using SIM or device registration information has been made a punishable offence. The controversial “speech offence” clause has been revised, limiting criminal liability strictly to incitement to violence, in line with the Cyber Security Ordinance 2025. Provisions for appeal and arbitration in telecommunications disputes have also been incorporated.

A major institutional shift comes with the establishment of a Centre for Information Support (CIS) under the Ministry of Home Affairs, replacing the National Telecommunications Monitoring Centre (NTMC), which has been formally abolished. The CIS will not conduct surveillance itself; instead, it will provide technical assistance for lawful interception carried out by authorised agencies.

The law clearly defines the scope and procedures for lawful interception, restricting it to specific circumstances such as national security, law and order, urgent life-saving needs, judicial or investigative requirements, and cross-border cooperation. Such interception can only be conducted by designated agencies within their respective jurisdictions and must comply with the standards set out in the Personal Data Protection Ordinance.

No interception can take place without approval from a Role-Based Access Control system and a newly constituted Quasi-Judicial Council through the CIS. Complaints regarding unlawful interception can be lodged with the council.

The Quasi-Judicial Council will comprise the minister for law, justice and parliamentary affairs as chair, alongside the principal staff officer and the home secretary. Parliamentary oversight has also been strengthened, with the standing committee required to publish an annual public report detailing interception activities, as well as review budgets and institutional capacity each year.

In addition, the ordinance includes provisions for image and voice protection, as well as enhanced safeguards for SIM and device data. The government says all measures are aligned with international best practices and standards set by bodies such as the United Nations and the International Telecommunication Union (ITU).

The amendment had earlier received in-principle approval on November 20 and was subsequently reviewed by the ministries of home affairs, finance and planning before receiving final clearance on Wednesday.