Govt repeals Cyber Security Act; new Cyber Security Ordnance issued

The government has officially scrapped the Cyber Security Act 2023 and replaced it with a newly issued Cyber Security Ordinance, according to a gazette notification published by the Ministry of Law, Justice and Parliamentary Affairs on Wednesday.

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The ordinance repeals nine contentious sections of the previous act, which had drawn criticism under the former Awami League government for its alleged misuse and impact on freedom of expression. Sections 21, 24, 25, 26, 27, 28, 29, 31, and 34 have been annulled, including provisions related to defamation, impersonation, and the dissemination of content deemed offensive to national symbols and historical figures.

Asif Nazrul, Adviser for Law, Justice and Parliamentary Affairs, speaking at a press conference on 6 May, stated that the draft underwent 25 revisions following consultation with various stakeholders. "We made changes based on widespread criticism and expert input," he said.

The now-repealed provisions had criminalised a range of online activities, including the publication of information deemed defamatory or offensive in relation to the Liberation War, the national anthem, and key national figures such as Sheikh Mujibur Rahman. Rights groups and civil society organisations had long raised alarm over the broad interpretation and potential misuse of these laws.

The repeal also nullifies any pending cases and investigations under the scrapped sections. Sentences and fines previously handed down by courts and tribunals under these provisions will no longer stand, according to the ordinance.

This move follows the release of a draft of the new ordinance by the ICT Division on December 1 last year. Initial feedback was invited until 4 December, after which the Advisory Council gave its first round of approval on December 24. Amendments were made before the council gave its final approval earlier this month.