Dhaka:The Clooney Foundation for Justice and the Centre for Governance Studies have raised concerns over Bangladesh's proposed cyber security legislation that could impose lengthy prison sentences on journalists, potentially reversing previous free-speech reforms.
According to United News of Bangladesh, the proposed amendments reintroduce provisions similar to those under the Digital Security Act, which had been used to silence journalists and limit press freedom. The interim government previously repealed vague provisions on cyber defamation and misinformation, but the new law seeks to reinstate them.
A recent report by the Centre for Governance Studies and the Clooney Foundation's TrialWatch Programme highlighted the impact of the Digital Security Act, examining 222 cases against 396 journalists between 2018 and 2023. Politicians and government officials were responsible for 107 of these cases, raising concerns about the misuse of the law to target journalists. The report noted that journalists were often arrested without explanation and faced mistreatment, with many cases not reaching trial.
The proposed amendments could impose up to 10 years in prison for spreading 'rumours' and disinformation. Journalists might face severe penalties for publishing what is deemed 'unverified' or 'misleading' information, even if it concerns public interest matters. The law would also criminalize defamation, allowing arrests without warrants and increasing penalties if the affected party is a woman or child.
Furthermore, the amendments propose wider criminal liability for editors and news organizations, potentially leading to prosecutions for content they did not oversee and the closure of media outlets following convictions. In response, the Clooney Foundation and the Centre for Governance Studies have urged the Bangladeshi government to remove these provisions, end criminal penalties for defamation, and protect free expression on public-interest issues.
The organizations have welcomed the Home Minister's willingness to include journalist-specific safeguards, such as requiring court approval before arrests or device seizures. CGS President Zillur Rahman emphasized the lessons from the Digital Security Act, noting that despite hundreds of cases, only one resulted in a conviction. He stressed the opportunity for the government to protect online expression without criminalizing journalism.
The proposed provisions have sparked significant concern regarding Bangladesh's international human rights obligations. The UN Human Rights Committee has stated imprisonment is inappropriate for defamation, and experts have criticized vague 'fake news' laws. Maneka Khanna, Senior Lawyer at the Clooney Foundation for Justice, urged Bangladesh to protect journalists and their rights.
The joint report, "Press Freedom in Bangladesh Lessons from the Digital Security Act," published in November 2025, is available in both English and Bengali. The organizations have offered to collaborate with government officials to ensure the new law safeguards freedom of expression.