Farah Zahir
Oniket Research Group
On 10th April 2026, the enactment of the ‘Cyber Security Act’ in the National Parliament signified a new legal paradigm for Bangladesh’s media, publishing, and digital broadcasting sectors.
The primary function of this legislation is to establish a comprehensive framework for the management of content on digital platforms, with a view to ensuring the responsible dissemination of information. In accordance with Section 25 of the Act, the unauthorised capture of a person’s video footage and subsequent broadcasting of this content on social media platforms is considered to be a criminal act, thereby serving as a deterrent to all individuals, including both mainstream journalists and independent content creators. In the context of the digital age, this legislation is anticipated to fulfil an effective role in addressing the tendency to infringe upon personal privacy in the pursuit of ‘citizen journalism’.
Considering the magnitude of the infraction, the stipulated sanction encompasses a custodial sentence ranging from two to five years in addition to a pecuniary penalty amounting to 10 to 20 lakh taka, thereby contributing to the preservation of ethical standards within the digital publishing industry.
However, to ensure the efficacy and seamless operation of this legislation within the media and publishing industry, it is imperative to provide further clarification on specific aspects of digital broadcasting and content distribution.
The definition and scope of the punishment for the dissemination of ‘religious sentiment’ or ‘communal hatred’ under Section 26 of the Act, if specified in light of digital publishing standards or international journalistic codes of conduct, will serve to eliminate any ambiguity in information dissemination. For media and publishing organisations, the implementation of a guideline system will serve as a regulatory framework, facilitating a harmonious equilibrium between creative autonomy and legal constraints. Moreover, if the BTRC exercises its power under Section 8 to remove or block harmful content, an appeal or review system will be made available for online news portals and digital publishing platforms. The establishment of a system for appeals or reviews is imperative. Furthermore, if intermediary liability can be specified by regulations, organisations involved in digital dissemination can operate transparently, free from unnecessary legal complexities.
In the contemporary era of digital publishing and information dissemination, the process of verifying the authenticity of evidence has become a significant challenge. To facilitate the prevention of the propagation of misinformation, it is recommended that the functions of the forensic laboratory, as outlined in Sections 10 and 11 of the Act, be integrated with the media’s fact-verification process. In order to guarantee the admissibility of digital evidence in a court of law, it is essential to implement a ‘chain of custody’ procedure. This national Standard Operating Procedure (SOP) would serve as a safeguard for professional publishers. Furthermore, the establishment of a special oversight mechanism could be a viable solution to ensure the confidentiality of media sources or sources is preserved. The implementation of such a mechanism, with provisions for safeguarding confidentiality, would serve to guarantee the fundamental right to journalism. As outlined in Section 48 of the Act, international cooperation will facilitate the establishment of mechanisms to combat cross-border digital crime, thereby ensuring a secure environment for Bangla publications and broadcast media disseminated globally.
In the contemporary era of modern publishing and broadcasting, the true success of this law will lie not in strict control, but in achieving a delicate balance between freedom of information and cybersecurity.
