Bangladesh Bars Internet Shutdowns, Restores BTRC Autonomy

Representational image.

The government has approved the Bangladesh Telecommunication (Amendment) Ordinance 2025, introducing major reforms that permanently ban internet and telecom service shutdowns, strengthen privacy safeguards and restore the regulatory independence of the Bangladesh Telecommunication Regulatory Commission (BTRC).

Under the amended law, internet and telecommunication services can no longer be suspended under any circumstances. The new provision, inserted through Section 97, removes the legal scope for nationwide or localised shutdowns by administrative order.

The reforms aim to raise human rights standards in the telecom sector, modernise regulation and ensure transparency and accountability in state surveillance, in line with international best practices promoted by the United Nations and the International Telecommunication Union.

New interception framework, NTMC abolished

The ordinance abolishes the National Telecommunications Monitoring Centre (NTMC) and replaces it with a new entity, the Centre for Information Support (CIS), under the Ministry of Home Affairs.

The CIS will not conduct interceptions directly. Instead, it will provide technical assistance to authorised agencies under strict role-based access controls. Any lawful interception will now require approval from a newly created quasi-judicial council, along with parliamentary oversight.

The law clearly limits interception to defined purposes, including national security, law enforcement, emergency life-saving operations, judicial or investigative needs and cross-border matters, all subject to due legal process.

Oversight and accountability measures

A quasi-judicial council has been formed to oversee lawful interception and hear complaints related to illegal surveillance. The council will be chaired by the Minister for Law, Justice and Parliamentary Affairs, with the Prime Minister’s Principal Staff Officer and the Home Secretary as members.

In addition, the Parliamentary Standing Committee on Posts, Telecommunications and ICT will publish an annual national report detailing interception activities, budgets, institutional capacity and safeguards for image, voice, SIM and device data.

Stronger privacy and speech protections

The amended ordinance introduces tougher privacy protections, making misuse of SIM or device registration data for surveillance or harassment a punishable offence under Section 71.

Provisions related to speech offences have also been revised. Consistent with the Cyber Security Ordinance 2025, only direct incitement to violence will now be treated as a criminal offence, narrowing the scope of punitive action under Section 66K.

BTRC autonomy and investment reforms

The ordinance restores BTRC’s independence, reversing earlier changes that had reduced its authority. While the ministry will approve certain nationally significant licences based on independent studies, all other licensing powers have been returned to the regulator.

A new accountability committee, chaired by the head of the relevant parliamentary standing committee, will oversee regulatory performance.

To promote investment, the law shortens licence processing timelines, reduces excessive penalties and introduces an appeals and arbitration mechanism under Section 82K, allowing both consumers and operators to seek legal remedies.