FROM PAGE 12

However, services or content with a legal ownership or entity status shall not be included under this definition.

Under this definition, intermediaries would include platforms like Facebook, YouTube, TikTok, WhatsApp, Telegram and other social media platforms.

Upon written instructions from the government, the BTRC will have the authority to instruct any telecom service provider, intermediary, or social media intermediary to block or remove such content without providing any explanation.

Failure by a service provider to comply with such directives immediately will also be considered a criminal offence, carrying the same maximum penalty of five years’ imprisonment, or a Tk 300 crore fine, or both.

For the purposes of this section, the term “government” refers to the Ministry of Home Affairs, the Ministry of Defence, or any relevant ministry, depending on the matter.

In the BTRC’s proposal, section 66-ka has been made non-bailable.

However, it will be compoundable in applicable cases upon payment of compensation and administrative fines.

Earlier, under the Awami League regime, a similar non-bailable clause in the Digital Security Act was widely abused, and experts had slammed it for its repressive nature.

Abu Nazam M Tanveer Hossain, principal at Stratagem, a consultancy firm and telecom policy analysis expert, said the proposed section 66-ka of the draft telecom ordinance “risks reviving the spectre of the Digital Security Act”.

“Without a precise definition of the offence and clear parameters for what constitutes “anti-state” or “anti-sovereignty” the provision leaves wide scope for abuse, enabling suppression of legitimate freedom of expression.”

He said that while safeguards are necessary against incitement, misinformation, or hatred that genuinely threatens national security, such measures must not erode constitutional rights.

“Any such clause should be accompanied by a clear, detailed definition, illustrated with examples, and be subject to mandatory judicial oversight before punitive action is taken.”

He also said that a penalty of Tk 300 crore is very high and should be reduced. “Penalties should be based on actual impact.”

Barrister Shahed Alam, chief corporate and regulatory affairs officer at Robi Axiata, said the newly introduced non-bailable provision is likely to stifle innovation and curb freedom of expression.

“The authority can impose these measures without prior justification.”

Besides, the draft ordinance poses significant risks to Bangladesh’s digital development, he added.

“By introducing provisions such as the power to freeze accounts, impose substantial penalties on digital services, and levy fines of up to Tk 300 crore, the draft moves away from internationally recognised regulatory practices toward a more restrictive framework.”

Notably, certain provisions, previously considered for removal to encourage sectoral growth, are now being reintroduced, alongside elements reminiscent of the more rigid 2010 telecom law, he added.

Given the scale of Bangladesh’s $3 billion digital economy, there is a real risk that the ordinance could slow innovation, constrain open communication, and discourage investment.

“We therefore urge consideration of withdrawing the current draft, reverting to the Bangladesh Telecommunications Act 2001 as a base, and pursuing amendments aligned with modern communications needs, fundamental rights, and sustainable economic growth through a transparent, participatory process.”

BTRC Chairman Maj Gen (retd) Md Emdad Ul Bari said the fines were not newly introduced but were a continuation of provisions from previous laws.

“Earlier, the law focused on crimes committed using telecom networks or related issues. It has now been expanded to cover social media, as technology has evolved,” he said.

On the non-bailable provision, Bari said it was introduced for offences deemed anti-state activities.

“This is just a draft, and it will go through further scrutiny. It can be altered if the government and stakeholders deem it unnecessary,” he added.

The BTRC’s draft came after the Ministry of Posts and Telecommunications, on July 28, instructed the regulator to prepare proposals for amending and updating the Telecommunication Act, 2001.

Following the directive, the BTRC submitted a proposal with several amendments to the ministry on August 12.