A Cyber Law Must Not Become a Press Gag

The warning that Bangladesh could become a ‘massive prison’ if the cyber security law is passed without substantive amendments may sound stark, but it underscores a legitimate democratic concern: legislation intended to secure cyberspace must not create new avenues for silencing journalism. That said - cyber security law should protect citizens from criminals, and not turn journalists into suspects. We believe this to be the key issue before the government analyse the proposed Cyber Security (Amendment) Act, 2026. 

However, we welcome the government’s decision to holding dialogue and consultations with editors, journalists and media professionals, and urge it to treat their concerns as essential safeguards rather than obstacles to legislation.

Concurrently we acknowledge that the digital environment has created new forms of crime requiring effective legislation. Cyber fraud, hacking, identity theft, online extortion and other offences cannot be allowed to flourish in the name of press freedom. But the distinction between criminal conduct and legitimate journalism must be made crystal clear. Vaguely defined offences, particularly those carrying lengthy prison sentences, create dangerous room for arbitrary interpretation. 

Journalism frequently involves allegations, investigations, criticism and publication of information that powerful individuals often find uncomfortable. Disagreement with a report cannot, by itself, become a gateway to criminal prosecution.

The proposed mobile court mechanism deserves especially careful reconsideration. The prospect of a reporter facing immediate legal action over a published report raises serious questions about due process and press freedom. 

We also welcome the proposal for prior court approval before the arrest or prosecution of journalists, as well as safeguards or “saving clauses” preventing the law from being misused against legitimate media activity. But such protections, however, must be precise, enforceable and incorporated into the legislation itself rather than left to administrative assurances. 

We also believe the government should consider the demand for a dedicated media commission as part of this wider reform process. Bangladesh needs a credible institutional mechanism through which disputes involving journalism, media regulation and professional conduct can be addressed transparently and fairly. The proposed committee of journalists and experts has an important responsibility, and its recommendations should emerge from genuine consultation rather than procedural endorsement. Voices of editors, reporters, digital journalists, legal experts and cyber security specialists must all be heard before the draft returns to the Cabinet and Parliament.

In conclusion, the test of this legislation will not be how strongly it promises to fight cybercrime, but how carefully it protects legitimate expression while doing so. We need a cyber security framework strong enough to confront criminals and restrained enough to prevent the state from becoming an unintended censor. The government has now promised further consultation, publication of the revised draft and parliamentary scrutiny. We insist that this promise is honoured in both letter and spirit. 

A secure cyberspace and a free press are not opposing objectives. In a healthy democracy, they must strengthen one another.