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The swift evolution of technology, media, and telecommunications (TMT) in Bangladesh has transformed the landscape of communication, information dissemination and business operations. With almost 180.2 million mobile subscribers and growing internet penetration, grasping the legal framework that governs these sectors is crucial. This article aims to provide a brief overview of TMT laws in Bangladesh, highlighting legislation, regulatory bodies and key contemporary challenges.

The introduction of mobile telephony in 1997 marked a significant turning point, leading to a boom in telecoms services in Bangladesh. Concurrently, the growth of the internet and digital technologies has necessitated a robust legal framework to address emerging challenges.

Telecommunication Regulation Act

The primary legislation governing telecoms in Bangladesh is the Bangladesh Telecommunication Regulation Act of 2001. It established the framework for the regulation of telecoms services, aiming to promote competition, ensure quality services and protect consumer interests.

The key provisions of this act include the establishment of the Bangladesh Telecommunication Regulatory Commission (BTRC), which is responsible for issuing licences to operators, ensuring compliance with regulations, and monitoring the quality of services. The act also emphasises the protection of consumer rights, mandating telecoms service providers to offer transparent pricing, fair terms of service, and grievance resolution mechanisms.

Cyber Security Act

In 2018, the Digital Security Act was enacted to address cybercrime including hacking, data breaches and online harassment, as well as to monitor and regulate online content deemed harmful to national security or public order. Since its inception, this act has faced severe criticism for its potential use as a tool against freedom of expression, media freedom and human rights. It has also been criticised for failing to ensure effective online safety, security of digital systems, and protection of personal data and fundamental rights.

In 2023, the Cyber Security Act was enacted, repealing the Digital Security Act. This new act establishes a Cyber Security Council tasked with formulating policies, strategies and frameworks to enhance national cybersecurity. This body will co-ordinate with various government agencies and stakeholders. It further mandates organisations to report cyber incidents promptly and co-operate with law enforcement agencies in investigations.

Additionally, the 2023 act provides details on security monitoring and inspection of critical information infrastructure, stating that the government may, by notification in the Government Gazette, declare any computer system, network or information infrastructure to be critical information infrastructure. The act outlines specific penalties for various cyber offences such as hacking, data breaches and unauthorised access to information systems.

The ICT Act

The Information and Communication Technology (ICT) Act 2006 promotes the use of technology in governance and business. It provides legal recognition to electronic records and signatures, facilitates e-commerce, and addresses issues related to digital transactions.

The act encourages the use of ICT in public administration, enhancing transparency and efficiency in government services. Although not comprehensive, the ICT Act includes provisions related to data protection and privacy, necessitating responsible handling of personal information by service providers. Overall, the ICT Act 2006 lays the groundwork for a digital economy in Bangladesh by promoting the use of technology, ensuring legal protection for electronic transactions and addressing cyber threats, while also aiming to enhance public administration through e-governance.

Regulatory bodies

The BTRC plays a pivotal role in regulating the telecoms sector. Established under the Telecommunications Act of 2001, its responsibilities include:

• Issuing licences to telecoms operators and monitoring their compliance with regulations;
• Ensuring that telecoms services meet quality standards and consumer expectations; and
• Overseeing the allocation and management of radio frequency spectrums essential for mobile and internet services.

The Ministry of Posts, Telecommunications and Information Technology oversees policy formulation and implementation in the telecoms and ICT sectors. It co-ordinates with the BTRC and other stakeholders to ensure the alignment of regulatory frameworks with national development goals.

Current trends and challenges

Despite significant advancements, a substantial digital divide persists in Bangladesh. Rural areas often lack access to reliable internet and telecoms services, exacerbating inequalities in education, healthcare and economic opportunities. Bridging this divide requires targeted policies and investments in infrastructure in underprivileged areas.

Additionally, with the increasing reliance on digital platforms, cybersecurity threats have escalated. Cybercrime, including hacking and data breaches, poses risks to businesses and individuals alike. The government and private sector must collaborate to enhance cybersecurity measures and create a more secure digital environment.

In practice, a large portion of businesses and individuals lacks fundamental insight into cybersecurity and related laws. A more proactive approach from the authorities is necessary to ensure that people are adequately informed.

Concerning the Digital Security Act, 2018 and its successor, the Cyber Security Act, 2023, the government has repealed the former in response to significant criticism both domestically and internationally. However, concerns persist that the latter may still threaten freedom of expression and press freedom.

To address this issue, it is essential to establish a balance between national security and individual rights.

Another concern relates to the lack of e-commerce regulations. The recent notable boost in e-commerce businesses in Bangladesh demands specific regulations in the sector. As e-commerce continues to grow, regulatory frameworks need to evolve to address challenges such as consumer protection, electronic payment systems and dispute resolution. With a vast market, implementing clear guidelines will promote a stronger e-commerce ecosystem in Bangladesh.

In addition, Bangladesh¡¯s legal framework is increasingly influenced by international standards and best practices. Compliance with global norms, such as the General Data Protection Regulation (GDPR) in the EU, is essential for attracting foreign investment and enhancing the country¡¯s global competitiveness. Efforts to align domestic laws with international standards will facilitate smoother cross-border transactions and improve overall regulatory quality.

The landscape of TMT law in Bangladesh is complex and rapidly evolving. The existing legal framework provides a foundation for regulating these sectors but challenges remain, particularly regarding digital rights, cybersecurity and equitable access.

As the country continues to advance technologically, it is imperative to develop a responsive legal and regulatory environment that fosters innovation while protecting individual rights and promoting social equity. Policymakers, regulators and stakeholders must collaborate to navigate the complexities of this dynamic landscape, ensuring a future that harnesses the full potential of technology for all citizens.