Bangladesh bans internet shutdowns, restores BTRC autonomy under amended telecom ordinance

The Advisory Council yesterday approved the Bangladesh Telecommunication (Amendment) Ordinance 2025, introducing sweeping reforms that permanently prohibit internet and telecom service shutdowns, strengthen citizens' privacy protections, and restore regulatory independence to the Bangladesh Telecommunication Regulatory Commission (BTRC).

Under the amended law, internet and telecommunication services can no longer be suspended under any circumstances. The provision, incorporated through Section 97, effectively eliminates the scope for nationwide or localised internet shutdowns by administrative order in the future.

The government said the reforms aim to improve the "human rights standard" of telecom services, reform the regulatory framework, and ensure transparency and accountability in state surveillance mechanisms, aligning Bangladesh's telecom governance with international best practices set out by the United Nations and the International Telecommunication Union (ITU).

End of NTMC, new oversight-based interception framework

The ordinance abolishes the National Telecommunications Monitoring Centre (NTMC) and establishes a new body named the Centre for Information Support (CIS) under the Ministry of Home Affairs.

The CIS will not conduct interceptions itself. Instead, it will provide technical support to authorised agencies, operating under strict role-based access controls. Any lawful interception will now require approval from a newly formed quasi-judicial council, alongside mandatory parliamentary oversight.

The law clearly defines the scope and conditions of lawful interception, limiting it to national security, law enforcement, emergency life-saving operations, judicial or investigative purposes, and cross-border matters, strictly following due legal process.

Quasi-judicial council and parliamentary reporting

To ensure accountability, a quasi-judicial council has been formed to oversee lawful interception. Complaints against illegal interception can be lodged with the council, which will be chaired by the Minister for Law, Justice and Parliamentary Affairs. The Prime Minister's Principal Staff Officer and the Home Secretary will serve as members.

In addition, the Parliamentary Standing Committee on Posts, Telecommunications and ICT will publish an annual national report on lawful interception. The report will include data on interception scope, budgets and institutional capacity, along with provisions for image and voice protection and safeguards for SIM and device data.

Privacy protections and speech-related reforms

The amended ordinance introduces strong protections for citizens' privacy. Any misuse of SIM or device registration data to surveil or harass individuals will now be considered a punishable offence under Section 71.

The much-debated "speech offence" provisions have also been revised. In line with the Cyber Security Ordinance 2025, only direct incitement to violence will now constitute a criminal offence, narrowing the scope of punitive action under Section 66K.

Restoring BTRC's independence

Moving away from the disputed 2010 amendment framework, the ordinance restores BTRC's autonomy and accountability, establishing a clearer balance of authority between the ministry and the regulator.

While the ministry will approve certain nationally significant licences based on independent studies, all other licensing authority has been returned to BTRC. The reform also introduces a new accountability committee, chaired by the head of the relevant parliamentary standing committee, to oversee regulatory performance.

Investment-friendly reforms

The ordinance reduces licence processing timelines and scales back high and repetitive penalties included in previous laws—measures the government believes will encourage investment in the telecom sector.

An appeals and arbitration mechanism has also been introduced under Section 82K, enabling both consumers and operators to seek legal remedies.