Cyber Security Ordinance approved with softer penalties, more bailable offences

Highlights

• Nine sections of the Cyber Security Act 2023 have been repealed
• 95% of cases filed under the 2023 law will be automatically dismissed
• Punishment for filing false cases has been increased
• Internet access recognised as a civic right
• Online gambling banned
• Magistrates can dismiss cases without a chargesheet
• Sexual harassment and violence against women and children online are now punishable offences
• Use of AI for criminal activities recognised as an offence — first in South Asia

The interim government's Advisory Council has approved the Cyber Security Ordinance 2025, repealing nine sections of the previous law and adding new ones.

Among the repealed sections are those related to "the spirit of the Liberation War", defamation or misinformation regarding the Father of the Nation Sheikh Mujibur Rahman, the national anthem, or the flag, Law, Justice and Parliamentary Affairs Adviser Dr Asif Nazrul said, briefing journalists today (6 May) at the Foreign Service Academy.

Also abolished are sections concerning defamation, fear-mongering, and dissemination of information that could potentially disrupt public order. 

Under the new law, offences such as cyber fraud, e-transaction crimes, incitement of religious or ethnic hatred, sexual harassment, blackmail, and obscenity are now bailable. 

All speech-related offences – those based on expression or opinion – are now bailable under the ordinance, according to Asif Nazrul.

He said the repeal of nine key sections of the 2023 Act would result in automatic cancellation of around 95% of ongoing cases, as most were filed under these sections.

Once the new ordinance is gazetted, those cases will be rendered void. Additionally, cases under sections involving cyber-terrorism and related organisational crimes will also be automatically dropped.

He said that offences related to speech or expression have now been made bailable, whereas they were previously non-bailable. The maximum punishment under the new ordinance has been reduced to two years' imprisonment. However, penalties for filing false cases have been increased.

The law adviser also noted that the draft of the new ordinance went through 25 revisions after extensive consultation, including with civil society groups who had been strong critics of the previous law. A final minor revision was suggested by the advisory council which will be incorporated and the ordinance will be published following vetting and gazette notification.

Asif Nazrul pointed out that the ordinance recognises internet access as a civil right and criminalises online gambling. It also makes online abuse or sexual harassment of women and children punishable offences.

Publishing sexually exploitative content, issuing threats, and inciting religious hatred or violence have also been made criminal acts. Incitement through religiously provocative speech or content that may lead to violence is punishable, as are cyber crimes committed using artificial intelligence – a provision that the adviser claimed is the first of its kind in South Asia.

The law adviser added that magistrates will have the authority to dismiss baseless cases within 24 hours, without waiting for a chargesheet. If a case appears fabricated, a magistrate can immediately nullify it.

The Cyber Security Council has been empowered to remove offensive or criminal content. A content removal authority will be established, including civil society members.

The authority must obtain court approval within 72 hours of content removal. If the court disapproves, the content must be restored. If the court upholds the removal, the content will remain offline. The public must be informed about such removals so that there is transparency around whether the government is acting lawfully or with political motives.

Two more ordinances approved

Chaired by Chief Adviser Professor Muhammad Yunus, the council's meeting, held at his office today, approved Electoral Constituency Delimitation (Amendment) Ordinance 2025. Once gazetted, the commission will be able to redraw parliamentary boundaries independently.

The council also gave final approval to amendments to the Civil Procedure Code (CPC), which was previously approved in principle. Nazrul said that civil cases in Bangladesh often take years, sometimes decades, to resolve. The amendments aim to speed up the process by eliminating delays.

Today's meeting also approved the National Youth Entrepreneurship Development Policy 2025 and a proposal to declare jute cotton an agricultural product. A previous plan to form a company under a public-private partnership in Banshkhali, Chattogram – called Bangladesh Energy Port Limited – was scrapped.

On Women's Reform Commission report

When asked whether the government would withdraw the report by the Women's Reform Commission under religious pressure, Asif Nazrul said the commission's proposals are not government decisions. Dissenting opinions have existed in all such commissions, he noted. 

While most objections were expressed respectfully, some reactions were hateful and offensive – not just towards women, but towards the entire nation, which he said is unacceptable. He urged everyone to practise tolerance and decency in expressing differing views.