Activate Rights, a non-profit working to protect digital rights in Bangladesh, on Sunday expressed concern over the draft Cyber Protection (Amendment) Act, saying it could expand criminal liability for online expressions and weaken safeguards against government content restrictions. 

In a statement, it said the Proposed Section 26A criminalises publishing or disseminating “rumour and disinformation”, but does not specify any definition. 

“‘Rumour’ includes unsubstantiated or unverified information that causes, or may cause, confusion, panic or unrest, but does not expressly require an intention to mislead. This creates uncertainty over whether journalists, researchers or citizens could face criminal liability for information that is merely unverified.” 

It further said Section-25 of the draft incorporated broad language, which risked criminalising legitimate criticism, commentary and public-interest expression.

It also highlighted the impact it could have on judicial oversight and transparency.

“Section 8 would remove the earlier three-day Tribunal approval requirement for blocking orders and the requirement to publicly disclose blocked content. This could reduce judicial oversight and transparency over government-ordered restrictions,” the rights body said.  

Activate Rights called for precise definitions, independent oversight, effective appeal mechanisms and meaningful consultation before the amendments are finalised.

“Activate Rights recognises the government’s responsibility to address cybercrime and harmful online conduct, but such measures must protect fundamental rights. Restrictions on expression should be narrow, proportionate and safeguarded against misuse,” the statement reads.

Any legislation should address genuine online harms while protecting legitimate expression, public interest, journalism, access to information and due process, it concluded.