Bangladesh Enacts Historic Ban on Internet Shutdowns

In a landmark move, Bangladesh’s caretaker government has enacted a major amendment to the Telecommunications Act, 2001, now titled the Bangladesh Telecommunications (Amendment) Ordinance, 2026. The ordinance was officially issued on Thursday, 5 February 2026, by the Legislative and Parliamentary Affairs Division under the Ministry of Law, Justice, and Parliamentary Affairs.

Announcing the reform on social media on Wednesday, 11 February, Foyez Ahmed Tayyab, Special Assistant to the Chief Adviser, described the amendment as a historic step. He remarked:

“In a country where the regulatory provisions of telecom law were once abused to conduct illegal surveillance, where the internet was periodically shut down to stifle citizens’ voices, and where countless cases of enforced disappearances and loss of life were reported, this responsible and human-centric reform is undoubtedly historic.”

The amendment is being hailed not merely as a legal adjustment but as a bold step to redefine the relationship between the state and its citizens. The legislation focuses on protecting civil liberties, encouraging investment, and introducing international-standard oversight mechanisms.

Key Features of the 2026 Amendment

AspectDetails
Freedom of ExpressionHate speech is no longer automatically criminalised; it is only considered an offence when directly inciting violence, safeguarding citizens’ right to free speech.
Regulator AuthorityMost operational powers, including licensing, monitoring, tariff changes, and enforcement, have been restored to BTRC, reducing the Ministry’s prior approval requirements. Only strategically critical ‘one-off’ licences require ministry review based on independent industry-academia research.
Investment-Friendly FrameworkFines have been reduced to one-third of previous levels, providing a more secure and attractive environment for domestic and foreign investors.
Transparency and AccountabilityA high-powered quasi-judicial oversight committee will conduct post-facto reviews of ministry and BTRC decisions.
Parliamentary OversightRegular reporting to parliamentary committees ensures elected representatives remain accountable to citizens.
Internet Shutdowns ProhibitedThe power to suspend internet services has been legally removed, guaranteeing uninterrupted digital access and protecting the digital economy.
International-Standard SurveillanceReplaces previous opaque surveillance mechanisms with lawful interception aligned with global norms. Surveillance is categorised as ‘urgent’ or ‘non-urgent’, with clear pre-approval, post-facto review, access controls, event logging, and time limits. The Home Ministry has been instructed to formulate detailed operational guidelines.

Mr Tayyab emphasised that this reform is both a moral and legal milestone, underscoring Bangladesh’s commitment to human rights, transparency, and digital innovation.

The legislation has received commendation from Professor Muhammad Yunus, founder of the Grameen Bank, as well as top-tier law enforcement leadership, who played a crucial role in enabling this milestone.

By legally prohibiting internet shutdowns and aligning oversight with international standards, the 2026 amendment promises to strengthen citizen rights, encourage investment, and protect the uninterrupted flow of information. It marks a defining moment in Bangladesh’s digital and democratic history, cementing the caretaker government’s legacy as a pioneer of human-centric telecommunications reform.

Leave a Comment