Under the proposed amendments, actions such as spreading rumors, disinformation, defamation, and targeted vilification are explicitly categorized as criminal offenses, with expanded penalties. A newly introduced clause (Section 26/A) in the draft legislation stipulates that spreading rumors or misinformation through digital means can carry a maximum sentence of 10 years imprisonment, a fine of up to BDT 40 lakh, or both. The proposal also includes stringent measures against the creation and dissemination of fake videos, audio, images, or misleading content generated using Artificial Intelligence (AI). Furthermore, circulating digital content with the intent to defame or humiliate is classified as an offense, with heightened penalties proposed for crimes targeting women and children.
At present, significant portions of social media platforms are being repurposed from channels of personal communication into instruments for character assassination, propaganda, blackmail, and extortion. Organized syndicates operating both domestically and internationally are increasingly targeting entrepreneurs, business leaders, politicians, educators, public officials, journalists, and ordinary citizens. Reports of spreading false and distorted information to humiliate individuals socially while extorting money are rising sharply, devastating long-built personal and institutional reputations in an instant.
Alarmingly, a vast majority of victims fail to receive effective legal remedies. Concerns linger that law enforcement agencies often demonstrate reluctance to record complaints or conduct thorough investigations. Consequently, perpetrators exploit this sense of impunity, growing increasingly defiant. This dynamic reflects not only weaknesses in law enforcement but also serves to incentivize further cybercrime.
Cyberbullying has escalated into a critical social crisis, exerting a devastating toll on women, adolescents, and young adults. Persistent online harassment, derogatory attacks, distorted personal media, and psychological abuse have driven many into severe depression, with some tragically taking their own lives. Simultaneously, deliberate propaganda surrounding sensitive issues—such as religious minorities, places of worship, national history, and the Liberation War—heightens the risk of societal division, tension, and violent conflict.
Questions may arise regarding whether regulating these activities infringes upon freedom of expression. However, international human rights frameworks do not view accountability as an absolute bar to regulation. While the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights recognize freedom of expression as a fundamental right, they explicitly accommodate legal restrictions to protect the reputations of others, public safety, social order, and national security. In essence, free speech does not constitute an unrestricted right to spread falsehoods, incite hatred, defame others, or provoke violence.
Established democracies worldwide have recognized this imperative. Frameworks such as the European Union’s Digital Services Act, along with legislation in Australia, Canada, and other nations, have enacted strict guidelines to curb fake news, hate speech, and cybercrime on social platforms. Should Bangladesh establish an effective, balanced legal framework informed by international best practices, it will play a vital role in safeguarding citizens while instilling accountability across digital spaces.
Nevertheless, passing legislation is not the ultimate solution; its neutral, transparent, and fair implementation remains paramount. The government must ensure that the law targets genuine cybercriminals without inadvertently stifling responsible journalism, constructive criticism, or legitimate free expression.
Taking decisive action against cybercrime, digital extortion, rumors, disinformation, and cyberbullying is an urgent necessity today. Ensuring a secure digital ecosystem is a constitutional obligation of the state. Viewed through this lens, the initiative to amend the Cyber Security Act marks a significant step toward safeguarding citizens, preserving social stability, and upholding the rule of law. If effectively enforced, this initiative will contribute substantially toward fostering a responsible, safe, and accountable cyber environment in Bangladesh.
