Lighter penalties, but little relief for free speech

Résumé détaillé

The government’s revised cyber protection law draft proposes lower penalties for some speech offences but retains non-bailable provisions for spreading rumours and online…

The government’s revised cyber protection law draft proposes lower penalties for some speech offences but retains non-bailable provisions for spreading rumours and online belittling. It also retains the proposal to remove mandatory tribunal approval for blocking content and grants immunity to officials.

The ICT Division published the draft of the Cyber Security (Amendment) Act, 2026 on November 10, seeking comments by November 25.

Under proposed Section 26A, spreading rumours or disinformation would carry up to five years’ imprisonment, a Tk 10 lakh fine, or both, down from 10 years and Tk 40 lakh in September’s draft.

The proposed definition covers false or distorted information deliberately created, published or circulated to cause public panic, agitation or social unrest.

Talking to The Daily Star, Supreme Court lawyer Priya Ahsan Chowdhury said this is a limited improvement, while terms such as “public panic” and “social instability” remain subjective.

She warned of risks to criticism, satire, and public-interest reporting.

The offence would remain cognisable and non-bailable. Belittling or bullying would carry up to three years’ imprisonment, a Tk 5 lakh fine, or both, and remain cognisable and non-bailable. Defamation would be non-cognisable and bailable, punishable by up to two years or Tk 5 lakh, or both.

Speaking to The Daily Star, Prothom Alo Executive Editor Sajjad Sharif questioned the limits of “constructive criticism”, saying citizens posting opinions, cartoons, or memes lack comparable safeguards.

Human Rights Support Society, in a statement signed by Executive Director Ejazul Islam, sought clearer definitions, bailable offences, and civil remedies for defamation.

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