Patuakhali Science and Technology University

An Assignment
On
“Critically Examining of Existing Cyber Laws in
Bangladesh”

Course Code: 0421LLM 5201

Course Title: Cyber Law
‘

SUBMITTED TO SUBMITTED BY
Md. Abdur Rahim Fariha Sultana
Assistant Professor ID: 5222090127
Dept. of Law and Land Administration Reg. No: 07540
Patuakhali Science and Technology University Session: July-Dec/22

Department of Law and Land Administration

Program: Master of Laws in Law
Patuakhali Science and Technology University
Dumki, Patuakhali-8602

Submission Date: 11 March 2024

Abstract
Cyber law encompasses legal principles and regulations governing activities conducted in
cyberspace, including the internet, digital technologies, and computer networks. It addresses
a wide range of issues such as cybercrimes, data protection, online privacy, intellectual
property rights, and electronic commerce. Cyber laws aim to regulate and mitigate risks
associated with digital interactions, ensuring accountability, security, and protection of rights
in the digital realm. These laws govern aspects like hacking, identity theft, online fraud, and
unauthorized access to computer systems. The field of cyber law is dynamic and continuously
evolving to address emerging challenges and advancements in technology. Cyber laws play a
pivotal role in shaping the digital landscape of nations, particularly in safeguarding digital
rights, combating cybercrimes, and promoting cybersecurity. This research critically
examines the existing cyber laws in Bangladesh within the context of its evolving
technological landscape. The study delves into the historical development of cyber legislation
in Bangladesh, focusing on key legislative enactments such as the Information and
Communication Technology (ICT) Act 2006 and the Digital Security Act 2018. Through a
comprehensive analysis of these laws, their provisions, and their implementation, this
research identifies strengths, weaknesses, and gaps in the legal framework governing
cyberspace in Bangladesh. Finally, this paper also discuss the challenges faced by law
enforcement agencies in tackling cybercrime and the measures that can be taken to address
this issue. From this study we can understand that despite so much legal enforcement, there
are still enough gaps and loopholes in the legal framework. By synthesizing various data and
legal analysis, this study will give an idea about the implementation and weakness of
Bangladesh Cyber Law and fruitful discussion about the effectiveness of Cyber Law in
countering cyber threats and protecting digital security.

1
1. Introduction
As the domain of cyberspace becomes increasingly dominant in the everyday lives of
individuals across the globe, so does the potential for crimes to be committed through this.
Whilst there is no universally accepted definition of cybercrime, it is basically any crime
related to cyberspace, computers, networks and the internet. Several state parties, now
painfully aware of the novelty of cybercrimes, have faced difficulties transitioning from the
existing set of legislation to adapting the law to deal with the array of crimes developing in
the 21st century. This is especially true for developing countries such as Bangladesh, where
the majority of the population is not yet accustomed to the complexities of cyberspace, and
the dangers it may entail. One of the biggest criticisms directed at the existing cyber law
framework in Bangladesh is that the particularly controversial provisions of the Digital
Security Act, 2018 (DSA), and the preceding Information and Communication Technology
Act, 2006 (ICT) were inconsistent with Bangladesh's international law obligations. Many
journalists, human rights defenders and academics think that the DSA is unduly restrictive of
the right to freedom of expression on the internet. The existing cyber law in Bangladesh is
reflective of the unique challenges faced by a developing country transitioning into the age of
information. It may well be argued that certain provisions may need to be revamped, and
formulated with greater precision such as to align with the State's international obligations.
The novelty and rate at which change occurs in cyberspace is indeed a challenge for
legislators, not only for countries like Bangladesh but for the global domain as a whole. 1
Information technology law (also called “cyber law”) concerns the law of information
technology, including computing and the internet. It is related to legal informatics, and
governs the digital dissemination of both (digitalized) information and software, information
security and electronic commerce. aspects and it has been described as “paper laws” for a
“paperless environment”. It raises specific issues of intellectual property in computing and
online, contract law, privacy, freedom of expression, and jurisdiction. 2

1
Sifat Rahbar Khan, last modified 29 April, 2022, The Business Standard,
https://www.tbsnews.net/thoughts/cyber-law-bangladesh-through-international-lens-411742, last visited 3 march
2024
2
The Lawyers and Jurists, https://www.lawyersnjurists.com/article/cyber-law-in-bangladesh-perspective/, last
visited, 3 March 2024

2
1.1 Objective of the study

 Assessing the adequacy and effectiveness of existing cyber laws.

 Identifying deficiencies, inconsistencies and loopholes in the existing legal
framework.
 Highlight the role of law enforcement agencies and regulatory agencies.
 Exploring Socio-Economic Factors in Cyber Law Formulation and Implementation in
Bangladesh.
 Raising awareness of cyber laws among stakeholders.
 Discuss the need for capacity building within the legal system for effective
enforcement and compliance with cyber regulations.

1.2 Scope of the study

The paper will include analysis of the current law, assessment of its effectiveness in
combating cybercrime, exploring loopholes or loopholes in the law, comparing them with
international standards, examining enforcement mechanisms and making recommendations
for improvement. Or amendments based on identified flaws, case studies, and comparative
analysis with cyber laws of other countries will provide a comprehensive understanding of
the subject.

1.3 Statement of the problem

Assessing enforcement mechanisms, identifying loopholes and addressing cyber threats.

Imbalance between local laws and international standards can hinder cross-border
cooperation in cybercrime investigations. Limited awareness among stakeholders about cyber
laws and their implications exacerbates the problem. The absence of specific provisions for
developing cyber challenges such as online harassment and cryptocurrency-related crimes
adds to the complexity. Moreover, fragmented coordination among relevant agencies gesture
challenges in implementing and enforcing cyber laws. Addressing these issues is crucial for
enhancing cybersecurity governance and promoting a safer digital environment in
Bangladesh.

3
2. Methodology
Source of data

Gather primary data through online sources such as official government websites, legal
databases, news articles, and scholarly publications.

Method:

There have two type approaches of data collection in research methodology:-Quantitative and
Qualitative. Quantitative approach basically includes survey method. Qualitative approach
includes- content analysis, descriptive method, observation, historical method and the case
study etc. But I will follow the qualitative approach and case study method to conduct my
study. Because this method will be easy to collect my data.

3. Background and Context

3.1 Significance of Cyber Law

The significance of cyber law lies in its capacity to navigate and regulate the intricate
challenges that arise from the pervasive use of technology. Cyber law provides a framework
for protecting individuals and organizations from cyber threats, ensuring the privacy and
security of digital transactions, and establishing guidelines for ethical and legal conduct in
cyberspace. As the digital world evolves, the importance of cyber law becomes more
pronounced, serving as a cornerstone for the responsible and lawful utilization of digital
resources.3 Cyber law holds immense significance in Bangladesh, primarily for its role in
preventing cybercrimes, safeguarding data privacy, regulating e-commerce, enhancing
cybersecurity measures, and promoting digital innovation. Additionally, it facilitates
international cooperation in addressing global cyber threats.

3.2 Objective of Existing Cyber Law

 Purpose of the ICT Act is to guarantee the legal security of documentary

communications between persons, partnerships and the state.
 ICT law was formulated to promote the development of Bangladesh's information and
communication technologies.

3
Simplilearn, last updated on 26 Feb, 2024, https://www.simplilearn.com/what-is-cyber-law-article, last visited
3 march 2024

4
  The aim to facilitate the use of information and communication technologies to build
the information society.4
 The purpose of the Cyber Security Act is to strengthen the protection of Critical
Information Infrastructure (CII) against cyber attacks.
 Authorizes CSA to prevent and respond to cyber security threats and incidents.
 The Cyber Security Act establishes a framework for sharing cybersecurity
information.
 Creates a framework for a cyber security service providers to be licensed with little
intervention.5
 Ensuring the security and integrity of electronic data, systems, and networks against
unauthorized access, modification, or destruction.
 Prevention of cybercrimes: Enacting measures to deter and prosecute cybercrimes
such as hacking, identity theft, cyberbullying, and online fraud.
 Facilitating the growth of electronic commerce by establishing legal frameworks that
encourage trust, reliability, and consumer protection in online transactions.
 Preserving individuals' right to privacy by regulating the collection, use, and
disclosure of personal information in cyberspace.
 Protecting intellectual property rights by addressing issues such as online piracy,
copyright infringement, and counterfeiting.
 Facilitating cooperation with other countries to combat transnational cybercrimes and
promote harmonization of cyber laws across borders.

Overall, the objective is to create a safe and secure digital environment that fosters trust,
innovation, and economic growth in Bangladesh.

4
Tahmidur Rahman, published on 20 Oct 2019, https://tahmidurrahman.com/cyber-law-of-bangladesh-internet-
law-web-ict-act-rules-regulations-punishment-and-rights-in-
bangladesh/#:~:text=In%20Bangladesh%2C%20the%20ICT%20Act,computer%20technology%20or%20cyber
%20crime.
5
CSA Singapore, https://www.csa.gov.sg/legislation/Cybersecurity-
Act#:~:text=The%20Act%20provides%20a%20framework,and%20our%20way%20of%20life., last visited 3
march, 2024

5
3.3 Evolution of Cyber Law

Introduction of Cyber Laws: The need for legal frameworks to address cybercrimes and
regulate digital activities became apparent as Bangladesh embraced the internet and digital
technology. In response, the government enacted the Information and Communication
Technology (ICT) Act in 2006, providing the initial legal foundation for addressing cyber
related offenses and regulating digital transactions.

Amendments and Updates: Over the years, the ICT Act has undergone several amendments
and updates to adapt to evolving cyber threats and technological advancements. These
amendments have expanded the scope of the law, introduced new offenses, and strengthened
enforcement mechanisms to combat cybercrimes effectively.

Establishment of Cyber Tribunals: To expedite the adjudication of cyber-related cases and

ensure swift justice, Bangladesh established Cyber Tribunals dedicated to hearing cybercrime
cases. These specialized courts have played a crucial role in addressing cybercrimes and
promoting legal accountability in cyberspace.

International Cooperation: Bangladesh has actively participated in international forums and

initiatives aimed at promoting cybersecurity, combating cybercrimes, and fostering
international cooperation in cyberspace. The country has collaborated with regional and
global partners to share best practices, exchange information, and enhance capacity-building
efforts in cybersecurity and cyber law enforcement.

4. Conceptual Framework

4.1 Definition of Cyber Law

Cyber law, also known as internet law or digital law, signifies the legal regulations and
frameworks governing digital activities. It covers a large range of issues, including online
communication, e-commerce, digital privacy, and the prevention and prosecution of
cybercrimes. As the internet has become a fundamental part of our daily lives, cyber law has
become crucial in ensuring digital space's orderly and secure functioning. The significance of
cyber law lies in its capacity to navigate and regulate the intricate challenges that arise from
the pervasive use of technology. Cyber law provides a framework for protecting individuals
and organizations from cyber threats, ensuring the privacy and security of digital transactions,
and establishing guidelines for ethical and legal conduct in cyberspace. As the digital world

6
evolves, the importance of cyber law becomes more pronounced, serving as a cornerstone for
the responsible and lawful utilization of digital resources.6

Information technology law (IT law) or information, communication and technology law
(ICT law) (also called cyber law) concerns the juridical regulation of information technology,
its possibilities and the consequences of its use, including computing, software coding,
artificial intelligence, the internet and virtual worlds. The ICT field of law comprises
elements of various branches of law, originating under various acts or statutes of parliaments,
the common and continental law and international law. Some important areas it covers are
information and data, communication, and information technology, both software and
hardware and technical communications technology, including coding and protocols. It is
related to legal informatics, and governs among others the digital dissemination of both
(digitized) information and software, information security and crossing-border commerce. It
raises specific issues of intellectual property, contract law, criminal law and fundamental
rights like privacy, the right to self-determination and freedom of expression. 7

4.2 Concept of Cyber Crimes

Cybercrime, the use of a computer as an instrument to further illegal ends, such as

committing fraud, trafficking in child pornography and intellectual property, stealing
identities, or violating privacy. Cybercrime, especially through the Internet, has grown in
importance as the computer has become central to commerce, entertainment, and
government.8

Cybercrime is any criminal activity that involves a computer, network or networked device.
While most cybercriminals use cybercrimes to generate a profit, some cybercrimes are
carried out against computers or devices to directly damage or disable them. Others use
computers or networks to spread malware, illegal information, images or other materials.
Some cybercrimes do both -- i.e., target computers to infect them with a computer virus,
which is then spread to other machines and, sometimes, entire networks.9

6
Simplilearn, last updated on 26 Feb, 2024, https://www.simplilearn.com/what-is-cyber-law-article, last visited
3 march 2024
7
IT LAW, https://en.m.wikipedia.org/wiki/IT_law, last visited 4 march 2024
8
Michael Aaron Dennis, last updated 8 March 2024, https://www.britannica.com/topic/cybercrime
9
Kate Brush, Michael Cobb, https://www.techtarget.com/searchsecurity/definition/cybercrime last visited 5
march, 2024

7
4.3 Forms of Cyber Crime Activities

1. Phishing: Phishing involves deceptive attempts to obtain sensitive information, like

passwords or credit card details, by posing as a trustworthy entity. Cyber laws play a crucial
role in prosecuting individuals engaged in phishing activities.

2. Identity Theft: Illegally acquiring and using someone else's personal information for
fraudulent activities falls under the purview of cyber laws. The legal framework addresses
identity theft, protecting individuals whose identities may be compromised.

3. Ransomware: Ransomware involves the use of malicious software to encrypt files,

demanding payment for their release. Cyber laws aim to prevent and prosecute individuals
involved in orchestrating ransomware attacks.

4. Online Scams: Cyber laws address fraudulent schemes conducted over the internet to
deceive individuals for financial gain. These laws provide legal recourse for victims and
impose penalties on perpetrators.

5. PUPs (Potentially Unwanted Programs): Cyber laws address software that may harm a
computer or its user, often installed without the user's knowledge. This helps regulate the
distribution of potentially harmful programs and protects users.

6. Denial of Service Attack: Overloading a system, network, or website to make it

unavailable to users constitutes a denial of service attack. Cyber laws define and penalize
such attacks, discouraging individuals from engaging in disruptive online activities.

7. Cyberstalking: Cyber laws are made to tackle ongoing online harassment or stalking
carried out through electronic methods. These laws recognize the seriousness of cyberstalking
and provide legal avenues for victims to seek protection.

8. Hacking: Unapproved access to computer systems or networks to gather, alter, or destroy

data constitutes hacking. Cyber laws define and penalize such activities, ensuring legal
consequences for those who breach digital security. 10 It is an offence to hack a computer
system which belongs to other individuals or organizations. Hacking puts the victim in a very
vulnerable position as there are risks of exposing all the confidential information in a
computer system. It is a punishable offence and the laws regarding hacking are quite strict.
10
Simplilearn, last updated on 26 Feb, 2024, https://www.simplilearn.com/what-is-cyber-law-article, last visited
3 march 2024

8
9. Cyber-defamation: The internet can be used to spread misinformation just as easily as
information. Websites can present false or defamatory information especially in forums and
chat rooms, where users can post messages without verification by moderators. IT is vital to
highlight the increased danger presented by false or misleading information. Defamation can
seriously injure the reputation and dignity of victims to a considerable degree, as online
statements are accessible to a world wide range.

10. Cyber-extortion: Cyber-extortionists create harmful soft-wares and often threat

individuals or organizations. With those soft-wares they can cause serious damage to the
threatened individuals or organizations. They offer ‘protection’ in exchange of money
otherwise they destroy or expose all financial and security information. These cyber
extortionists can be regarded as the new age cyber-mafias. 11

4.4 Categories of Cybercrime Include:

1. Crimes against people: In Bangladesh, individuals face various cybercrimes, including

identity theft, financial fraud, and online scams. Cyberbullying and harassment via social
media and messaging platforms are also prevalent, causing psychological distress and social
isolation. Additionally, privacy violations, such as unauthorized access to personal data and
surveillance, pose risks to individuals' privacy and security. Data breaches of government and
corporate databases further expose individuals to identity theft and financial loss. (cyber
harassment, distribution of child pornography, credit card fraud);

2. Crimes against property: In Bangladesh, cybercrimes against property include online

fraud, identity theft, ransomware attacks, and phishing scams. These illegal activities target
individuals and organizations, resulting in financial loss, data breaches, and reputational
damage. (hacking, virus transmission, copyright ); and

3. Crimes against the government: Cybercrimes against the government in Bangladesh

encompass various illegal activities, including hacking government websites, cyber
espionage, and dissemination of misinformation or propaganda. These crimes aim to disrupt
government operations, compromise sensitive information, and undermine public trust in

11
Md. Alam Sarwar Alam Sajjad, published on 12 Aug 2015, https://bdlawdigest.org/cyber-crimes-and-cyber-
laws-in-bangladesh.html, last visited 5 March 2024

9
government institutions. (accessing confidential information, cyber warfare, pirated
software)12

5. Legislative Framework Analysis

5.1 National Legislative Framework

Bangladesh has several cyber laws in place to address various aspects of cybercrime and
cybersecurity. Some key laws include:

Information and Communication Technology (ICT) Act 2006: This act addresses a wide
range of cyber-related offenses including unauthorized access to computer systems, data
theft, cyber terrorism, and dissemination of fake information. It also provides for the
establishment of a Cyber Appellate Tribunal to hear appeals against decisions made under
this Act. The ICT law has been formulated to support the development of information and
communication technologies in Bangladesh. It is intended to facilitate the application of
information and communication technologies for building information society. Where the
information contained in a document is declared by law to be confidential, confidentiality
must be protected by means appropriate to the mode of transmission, including on a
communication network. Documentation explaining the agreed mode of transmission,
including the means used to protect the confidentiality of the transmitted document as
evidence. The Act was enacted to establish a legal validity and security for information and
communication technology and for formulation of Rules in this regard. The purpose of this
Act is to guarantee the legal security of documentary communications between persons,
partnerships and the State, regardless of the medium used ; the consistency of legal rules and
their application to documentary communications using media based on information
technology, whether electronic, magnetic, optical, wireless or other, or based on a
combination of technologies; the functional equivalence and legal value of documents,
regardless of the medium used, and the interchangeability of media and technologies; the
linking of a person, a partnership or the State with a technology-based document, by allowing
them to be identified by certification; and for the harmonization of the technical systems,

12
Tood Coolidge, https://coolidgelawfirmaz.com/what-are-the-major-types-of-cybercrime/

10
norms and standards involved by means of technology-based documents and interoperability
between different media and information technologies. 13

Some Cyber Crimes which are to be dealt through this act are follows:

 Hacking or unauthorised entry into information systems

 Introduction of viruses
 Publishing or distributing obscene content in electronic form
 Tampering with electronic documents required by law
 Fraud using electronic documents
 Violation of privacy rights such as STALKING
 Violation of copyright, trademark or trademark rights

Cyber Security Act

The Cyber Security Act of 2023 is a comprehensive piece of legislation focused on

safeguarding digital infrastructure, data, and systems from cyber threats. It typically outlines
measures for preventing, detecting, and responding to cyberattacks, as well as promoting
collaboration between government agencies, private sector entities, and other stakeholders in
the realm of cybersecurity. The act may also include provisions related to data protection,
privacy rights, and the regulation of critical infrastructure sectors to ensure resilience against
cyber threats. Additionally, it often defines roles and responsibilities for various entities
involved in cybersecurity and establishes mechanisms for information sharing and incident
response coordination.

Cybersecurity protects digital systems, networks, and data from unauthorized access, theft, or
damage. It involves implementing various measures and technologies to ensure the
confidentiality, integrity, and availability of information stored and processed on computer
systems. Three critical aspects of cybersecurity are:

Prevention: Implementing security measures to prevent unauthorized access or breaches.

Detection: Identifying potential threats and vulnerabilities in a system.

13
DohatecCA, https://dohatec-
ca.com.bd/DohatecCA/ICTAct.jsp#:~:text=The%20ICT%20law%20has%20been,technologies%20for%20build
ing%20information%20society, last visited 6 march, 2024

11
Response: Taking necessary actions to mitigate the impact of a security incident.14

Bangladesh Telecommunication Regulation Act 2001: This act regulates the

telecommunications sector in Bangladesh and includes provisions related to the interception
of communications and the disclosure of subscriber information. Bangladesh continues to
experience a surge in cyber attacks, targeting individuals, businesses, and critical
infrastructure. According to the Bangladesh Telecommunication Regulatory Commission
(BTRC), there was a 60% increase in reported cyber incidents in 2022, with over 12,000
incidents. These attacks include malware infections, phishing attempts, ransomware, and
distributed denial-of-service (DDoS) attacks.15

The telecom industry touches almost every aspect of life alongside critical infrastructure, it
could prone to cyber attacks. Significantly, the sector builds and operates complex networks
and stores voluminous amounts of sensitive data associated with individuals and corporate.
These are among the reasons that make this field more lucrative to malicious actors or
hackers. Over the years, the security vulnerabilities of telecom devices have been increased
dramatically and now equipping a major space of the threat landscape. DDoS (distributed
denial of service) attack is one of the most common types of direct cyberattacks that can
make a machine or network resource unavailable to its intended users by temporarily or
indefinitely disrupting services of a host connected to the Internet. As this kind of cyber
attack is not new for the telecom providers, a 2016 Data Breach Investigations Report
unveiled that the telecom industry experiences more DDoS attacks than any other industry.
These attacks have the ability to condense network capacity, swell traffic costs, disrupt the
availability of service, and even compromise internet access by hitting ISPs. DNS-based
attacks are the other major cyberattacks that still disrupt telecom service providers. 16

14
Unational University, https://www.nu.edu/blog/what-is-
cybersecurity/#:~:text=Three%20critical%20aspects%20of%20cybersecurity,impact%20of%20a%20security%2
0incident.
15
Safe Cyber, published on 31 July 2023, https://plexuscloud.com.bd/media/news/major-cybersecurity-
challenges-in-bangladesh-and-the-role-of-safecyber-in-overcoming-them-for-building-a-smart-
bangladesh#:~:text=According%20to%20the%20Bangladesh%20Telecommunication,%2Dservice%20(DDoS)
%20attacks
16
Industry Wired, published on 14 June 2020, https://industrywired.com/cybersecurity-challenges-and-
solutions-in-the-telecom-industry/, last visited 6 march 2024

12
The Pornography Control Act 2012: The Pornography Control Act of 2012 is a piece of
legislation aimed at regulating pornography in various forms, particularly in the digital realm,
within certain jurisdictions. It typically addresses issues such as access to pornography by
minors, distribution of pornographic material, and the use of pornography in ways that could
be harmful or exploitative. In terms of cyber law, it often involves regulations regarding
online platforms, websites, and content hosting services to ensure compliance with the law.
This act usually includes measures for monitoring and enforcing these regulations to protect
against illegal or harmful content dissemination. Cyber pornography refers to portrayal of
sexual material on the web. Criminals often rape or molest a girl, capture the incident by
webcam or mobile phone and spread the video over internet. These incidents are becoming
alarmingly common even in the rural areas of Bangladesh. Women’s rights in the cyber space
are abused in many ways in Bangladesh and use of internet and mobile phones to stalk,
abuse, intimidate and humiliate women is rampant. Women especially the young girls who
have been newly introduced to the internet are comparatively inexperienced in cyber world,
and consequently they are most susceptible to falling into the bait of cyber criminals and
bullies. Morphing, cyber stalking and cyber pornography including revenge porn are the most
common cyber crimes that target women in Bangladesh. These attacks against women are
carried out to destroy their personal reputation, create fear for physical safety and also
monetary losses.17

Cyber Jurisprudence

Cyber jurisprudence is the study of the legal issues surrounding the use of technology,
particularly the internet. It encompasses a wide range of topics, including freedom of speech,
privacy, intellectual property, and cybercrime. With the rapid growth of the internet and the
increased use of technology in our everyday lives, cyber jurisprudence has become an
increasingly important area of study. As our reliance on technology grows, so too do the legal
implications of its use. Cyber jurisprudence is still a relatively new field, and as such, there is
much still to be explored. However, it is an important area of study that will only become
more so in the years to come.18Cyber jurisprudence in Bangladesh refers to the legal
principles and frameworks governing cyberspace within the country. It encompasses laws,

17
The Daily Star, published on 16 May 2015, https://www.thedailystar.net/law-our-rights/cyber-crimes-70592,
last visited 6 March, 2024
18
IPleaders, published on 2 Sep 2022, https://blog.ipleaders.in/how-cyber-crime-evolved-as-a-part-of-cyber-
jurisprudence/, last visited 6 March 2024

13
regulations, and judicial interpretations related to cybercrimes, data protection, e-commerce,
and other aspects of the digital realm. Bangladesh has enacted various laws such as the
Information and Communication Technology (ICT) Act to address cyber-related issues and
promote a secure and conducive online environment. Judicial decisions and precedents
further shape cyber jurisprudence by interpreting existing laws and adapting them to the
evolving challenges and complexities of cyberspace. Overall, cyber jurisprudence in
Bangladesh plays a crucial role in ensuring accountability, protecting rights, and fostering
trust in the digital ecosystem.

5.2 Cyber Law in Bangladesh Through an International Lens

The existing cyber law of Bangladesh is reflective of the unique challenges faced by a
developing country transitioning into the age of information. As the domain of cyberspace
becomes increasingly dominant in the everyday lives of individuals across the globe, so does
the potential for crimes to be committed through this. Whilst there is no universally accepted
definition of cybercrime, it is basically any crime related to cyberspace, computers, networks
and the internet. Several state parties, now painfully aware of the novelty of cybercrimes,
have faced difficulties transitioning from the existing set of legislation to adapting the law to
deal with the array of crimes developing in the 21st century. This is especially true for
developing countries such as Bangladesh, where the majority of the population is not yet
accustomed to the complexities of cyberspace, and the dangers it may entail. One of the
biggest criticisms directed at the existing cyber law framework in Bangladesh is that the
particularly controversial provisions of the Digital Security Act, 2018 (DSA), and the
preceding Information and Communication Technology Act, 2006 (ICT) were inconsistent
with Bangladesh's international law obligations. Many journalists, human rights defenders
and academics think that the DSA is unduly restrictive of the right to freedom of expression
on the internet.

Bangladesh, being a signatory to the International Covenant on Civil and Political Rights
(ICCPR), is under an obligation to ensure the guarantee of the right to freedom of expression
under Article 19 of the ICCPR. Although the right is not absolute and may be restricted in
certain circumstances, any restriction of the right must satisfy the "strict test of justification"
provided under Article 19(3). The United Nations Human Rights Committee has clarified in
their General Comment no 34, that, paragraph 3 lays down a three-pronged test, requiring any
limitation on freedom of expression to be (i) provided by law, (ii) in pursuit of one of the

14
legitimate aims provided in paragraph 3 and (iii) necessary and proportionate to achieve the
legitimate aim. The first limb of the test requires the restriction on free speech to be 'provided
by law', which requires the piece of legislation in question to be "worded with sufficient
precision" such that individuals can reasonably foresee the consequences of a given action
and regulate their conduct accordingly. 19

5.3 Evaluate The Effectiveness of Existing Cyber Laws

Evaluating the effectiveness of existing cyber laws in Bangladesh requires assessing their
impact on addressing cybercrimes, protecting digital rights, and promoting cybersecurity.
Here's an evaluation of each aspect:

1. Addressing Cybercrimes:

Effectiveness: Existing cyber laws, such as the Cyber Security Act and the Information and
Communication Technology (ICT) Act, provide a legal framework for prosecuting various
cybercrimes, including hacking, cyberbullying, online fraud, and identity theft.

Impact: These laws have facilitated the investigation and prosecution of cyber offenders,
leading to convictions and deterrence of cybercriminal activities.

2. Protecting Digital Rights:

Effectiveness: Existing cyber laws incorporate provisions aimed at protecting digital rights,
including privacy, freedom of expression, and access to information.

Impact: These provisions have provided some level of protection for individuals' digital
rights, such as safeguarding against unauthorized access to personal data and preventing
online harassment and defamation.

3. Promoting Cybersecurity:

Effectiveness: Cyber laws play a role in promoting cybersecurity by establishing legal

mechanisms for regulating digital activities, enforcing cybersecurity standards, and raising
awareness about cyber threats and best practices.

19
Sifat Rahbar khan, 29 April, 2022, https://www.tbsnews.net/thoughts/cyber-law-bangladesh-through-
international-lens-411742, last visited 6 March 2024

15
Impact: These initiatives have contributed to increased awareness and adoption of
cybersecurity measures among individuals, businesses, and government agencies in
Bangladesh.

6. Literature Review
6.1 Features of Cyber Law

Digital Privacy

Civil law systems rely on comprehensive codes that outline legal principles and rules for
Cyber law addresses issues related to the privacy of individuals in the digital domain. It
includes regulations on data protection, confidentiality, online surveillance, and the
collection, use, and sharing of personal information by individuals, organizations, and
governments.

Cybercrime

Cyber law encompasses laws and regulations aimed at preventing and addressing
cybercrimes, such as hacking, identity theft, cyber fraud, online harassment, phishing, and
other forms of digital misconduct. It includes provisions for investigation, prosecution, and
punishment of cybercriminals.

Intellectual Property

Cyber law covers intellectual property rights in the digital environment, including copyright,
trademarks, patents, and trade secrets. It addresses issues such as online piracy, copyright
infringement, digital rights management, and the protection of intellectual property in the
digital realm.

Electronic Contracts and Transactions

Cyber law governs electronic contracts and transactions conducted online. It includes legal
recognition of electronic signatures, validity of online contracts, consumer protection in e-
commerce, and the legal framework for electronic payments and financial transactions.

Cybersecurity

Cyber law addresses legal aspects of cybersecurity and the protection of computer systems,
networks, and digital infrastructure. It includes regulations on cybersecurity measures,

16
incident response, data breaches, and the legal obligations of organizations to protect
sensitive information.

Social Media and Online Speech

Cyber law covers legal issues related to social media platforms, online speech, and freedom
of expression in the digital realm. It includes regulations on online defamation, hate speech,
cyberbullying, and the liability of intermediaries for user-generated content.

Jurisdiction and Cross-Border Issues

Cyber law deals with the challenges of jurisdiction and cross-border enforcement in the
digital space. It addresses questions of which laws apply to online activities, how jurisdiction
is determined, and how legal remedies can be sought across national boundaries.

Digital Copyright and Fair Use

Cyber law examines the legal aspects of digital copyright and fair use of copyrighted
materials in the digital environment. It covers issues such as file sharing, online streaming,
content licensing, and the balance between copyright protection and access to information.

Cyber Ethics and Digital Rights

Cyber law explores the ethical dimensions of digital technologies and the protection of digital
rights. It includes discussions on online ethics, internet governance, freedom of information,
digital divide, and the rights and responsibilities of individuals in the digital age.

International Cooperation and Treaties

Cyber law involves international cooperation and the development of treaties and agreements
to address global cyber issues. It includes efforts to harmonize laws, enhance cybersecurity
cooperation, and establish norms and principles for responsible state behavior in cyberspace.
Cyber law continues to evolve as technology advances and new digital challenges emerge. It
plays a crucial role in regulating online activities, protecting digital rights, and ensuring a
secure and trustworthy digital environment for individuals, organizations, and governments. 20

20
SOVEREIGN, Chambers of law, https://www.bd-scl.com/cyber.php, last visited 7 march
2024

17
6.2 Necessity of Cyber Law

As technology and electronic communications developed, it became clear that the legal
framework existing at the dawn of the digital age would not be adequate to ensure a secure,
fair, and inclusive internet for all users. The laws, regulations and legal precedents that
encompass what is now called cyber law seek to address:

Privacy and Data Protection

As individuals and organizations began to share vast amounts of personal and sensitive
information online, laws were required to protect privacy and regulate the collection, storage,
and use of data.

Intellectual Property Protection

The internet has made it easier to reproduce and distribute intellectual property such as
music, movies, software, and written content. As a result, laws related to copyright
infringement, piracy, and the protection of intellectual property online needed to be updated
to reflect the new reality.

Cyber Security and Cybercrime

With the rise of cyberattacks, hacking, and online fraud, cyber law helped define and enforce
rules related to cybersecurity and to prosecute cybercriminals.

E-Commerece and Online Contracts

As online commerce grew, it became crucial to establish new rules for online contracts,
electronic signatures, consumer protection, and dispute resolution for e-commerce
transactions.

Freedom of Expression and Speech

The internet expanded the ability of individuals to express their views, but it also raised
questions about the limits of free speech and the regulation of hate speech, defamation, and
other harmful online content.

Internet Governance

Cyber law has been central to establishing frameworks for governing the internet, including
domain name management, internet standards, and regulation of internet service providers.

18
Liability and Responsibility

Cyber law has been instrumental in defining responsibilities and liabilities for various actors,
including online platforms, content creators, and users.

Law Enforcement and International Cooperation

Cyber law has had a role in facilitating cooperation among law enforcement agencies across
borders to combat cybercrime and enforce cyber-related laws. 21

6.3 Advantages of Cyber Law

Protection Against Cybercrimes:

Cyber laws act as a deterrent by offering legal recourse and prescribing penalties for various
cybercrimes. This proactive approach helps curb illegal online activities and provides a safer
digital environment for individuals and businesses alike.

Data Privacy:

Safeguarding individuals' digital information is a paramount concern addressed by cyber

laws. These regulations ensure that organizations handle personal data responsibly,
establishing a foundation of trust in digital transactions and interactions.

E-commerce Regulation:

The legal framework provided by cyber laws is crucial for the regulation of e-commerce. It
defines rules for online transactions, contracts, and consumer protection, thereby fostering a
fair and secure online marketplace.

Intellectual Property Protection:

Cyber laws play a pivotal role in protecting intellectual property rights in the vast digital
domain. These laws prevent the unauthorized use and distribution of digital content,
encouraging innovation and creativity by safeguarding the fruits of intellectual labor.

Cybersecurity Standards:

Cyber laws contribute significantly to the establishment of cybersecurity standards. By

mandating organizations to implement measures for the protection of their networks and
systems, these laws address the evolving landscape of cyber threats.22

21
AXIOM, https://www.axiomlaw.com/guides/cyber-law, last visited 3 march, 2024

19
6.3.1 Advantages of ICT Act

This Act has provided us with few advantages such as the conduct of important security
issues under the ICT Act, 2006, which are so critical to the success of electronic transactions.
The Act has given the concept of secure digital signatures a legal definition that would have
to be passed through a system of a security procedure, as stipulated by the government at a
later date. On the other hand, businesses can now conduct electronic commerce using the
legislative framework established by the Act. This Act also provided other facilities for the
operation of cyber business or information and technology sector. 23 The ICT Act of cyber law
in Bangladesh provides legal measures for preventing cybercrimes, protecting data,
regulating e-commerce, enhancing cybersecurity, and ensuring intellectual property rights,
fostering digital development and security.

6.4 Criticism of The ICT Act 2006

Although Critics occasionally point out that certain specific limitations of the Act still
remain. (Online Law / Internet Law in Bangladesh | ICT):

A. Practical Difficulty of Application: The legislation was originally intended to apply to

crimes committed both in Bangladesh and worldwide but barely people practically take
actions to execute their rights under the act.

B. Difficulties with Electronic Transaction

‘The enactment has an important effect on Bangladesh’s e-commerce and m-commerce. But
as for the electronic payment of any transaction it keeps itself almost impractical.

C. Intellectual property Security

The Act is not vocal on the various intellectual property rights, such as copyright, trademark
and e-information and data patent rights.

22
Simplilearn, last updated 26 Feb 2024, https://www.simplilearn.com/what-is-cyber-law-article, last visited 4
Mach 2024
23
Tahmidur Rahman 20 Oct 2019, https://tahmidurrahman.com/cyber-law-of-bangladesh-internet-law-web-ict-
act-rules-regulations-punishment-and-rights-in-
bangladesh/#:~:text=The%20ICT%20law%20was%20formulated,to%20build%20the%20information%20societ
y., last visited 4 March 2024

20
D. Not Addressing Mobile crime and contradicting Email Evidence

One of the staggering part of the act is that no crime committed via mobile phones is
addressed in the Act. Also, this law admitted to convey emails as evidence, contrary to the
Evidence Act of the country, which does not recognize emails as evidence. 24

6.5 Context on The Growth of Internet and Digital Technology:

The internet and digital technology have undergone rapid growth and expansion over the past
few decades, fundamentally transforming the way individuals, businesses, and societies
interact, communicate, and conduct transactions. Several key factors have contributed to this
exponential growth:

Technological Advancements: Advances in computing power, telecommunications

infrastructure, and software development have fuelled the expansion of the internet and
digital technology. From the development of ARPANET in the 1960s to the emergence of
broadband internet and mobile connectivity, technological innovations have made digital
communication and information exchange faster, more accessible, and more affordable.

Global Connectivity: The internet has facilitated global connectivity on an unprecedented

scale, breaking down geographical barriers and enabling instant communication and
collaboration across borders. The proliferation of internet-enabled devices, including
smartphones, tablets, and IoT devices, has further accelerated this trend, connecting billions
of people worldwide to the digital realm.

Economic Opportunities: The internet has created vast economic opportunities by enabling
e-commerce, digital entrepreneurship, and online marketplaces. Businesses can reach global
audiences, streamline operations, and innovate new products and services in the digital
economy, driving economic growth and job creation.

Social and Cultural Impact: Digital technology has transformed social interactions,
entertainment, and cultural expression, shaping new forms of communication, entertainment,
and self-expression. Social media platforms, digital content streaming services, and online

24
Tahmidur Rahman 20 Oct 2019, https://tahmidurrahman.com/cyber-law-of-bangladesh-internet-law-web-ict-
act-rules-regulations-punishment-and-rights-in-
bangladesh/#:~:text=The%20ICT%20law%20was%20formulated,to%20build%20the%20information%20societ
y., last visited 4 March 2024

21
communities have become integral parts of everyday life, influencing how people connect,
share information, and express themselves.

Data Revolution: The proliferation of digital technology has generated vast amounts of data,
leading to the emergence of big data analytics, artificial intelligence, and machine learning.
Data-driven insights and predictive analytics have revolutionized industries such as
healthcare, finance, and marketing, driving innovation and improving decision-making
processes.

6.6 Role of Cyber Law in Protection of Women

Cyber laws are instrumental in safeguarding women's safety online by addressing cyber
harassment, abuse, and exploitation. These laws establish legal frameworks to combat online
gender-based violence, protect privacy, and regulate data security. They provide avenues for
reporting and prosecuting offenders, offering legal support and remedies to victims.

Bangladesh claims to be a digitally progressive country, the cases of cyber harassment are
continuously on the rise. In the view of recent public outcry against cyber harassment, people
need to be made aware of the relevant laws to protect themselves. Of the most prominent
forms of harassment taking place digitally, defamation and victim-blaming are the most
common. Somehow the general people of the country have gotten the idea that they are
allowed to say whatever online without facing consequences. From minor offences like
sending obscene comments and pictures to a woman to major ones like blackmailing using
private pictures of a woman who were taken without consent, the cyberspace is providing an
unsafe environment for these women. There are cases of editing a person's pictures in an
obscene way to ruin their reputation in the society. That cybercrimes like identity theft and
others have become so common, most of the time the victims do not even realise the severity
of these offences and ignore them without seeking legal help. A lot of times, even minor
children fall victim to this kind of abuse and often take drastic steps without seeking help.
Since our society is yet to be victim-friendly, it is very often seen that the victim is blamed
and stigmatised, specially when it comes to a woman. Whenever a private picture or
information goes viral, most people tend to focus on a victim's actions and character rather
than the criminal and offence. Sadly, these women who are constantly subjected to victim-
blaming also do not get adequate support from their family or society, so they do not feel the
urge to take legal steps. Even if the victims try to express their views and demand justice for
the harassment, they face restrictions and intimidation from the elders of their family who

22
fear for the family's reputation in society. They also face judgment and harassment from law
enforcement officials while filing a case. These events are more common than we can
imagine because, sadly, these cases remain outside the public domain for fear of further
harassment or mockery. They are being constantly suppressed due to this stigma, the
tendency of blaming the victims, ingrained gender stereotypes, fear of repression, power
norms, and lack of protection for victims.

The laws which can be availed by victims of cyber harassment in Bangladesh include the
Information and Communication Technology Act, 2006 (ICT Act); the Pornography Control
Act, 2012 (PC Act); and the Digital Security Act, 2018 (DS Act). Section 63 of the ICT Act
ensures punishment for disclosure of confidentiality and privacy with imprisonment or with a
fine or both. Section 24 of the DS Act penalises identity fraud and provides sanctions for it
whereas section 25 protects a person from the transmission or publication of offensive, false
or threatening information regarding them through any digital medium. Section 29 of the DS
Act protects a victim against defamation. Finally, section 8 of the PC Act has made the
possession, distribution or use of any sort of pornographic material illegal. It has also
included sanction for blackmailing using such materials and distributing them using the
internet. With the proper implementation of all these laws, it is possible to ensure the safety
of the people accessing the digital platforms. Towards realising our dream of 'Digital
Bangladesh', it is necessary to build safe cyberspace for everyone accessing it. Many victims
are not aware of the help available in these cases. The law enforcement agencies have
recently undertaken several initiatives to tackle such offences and have launched a hotline
where victims can complain using the profile link or screenshots of the offender. Legal aid
organizations like Ain o Shalish Kendra (ASK), Bangladesh Legal Aid and Services Trust
(BLAST), Bangladesh National Women Lawyers' Association (BNWLA), etc. also provide
assistance. A specialised branch of the police called the Police Cyber Support for women also
provides the necessary advice and legal assistance. 25

6.7 Role of Cyber Law in Social Media Control

Cyber law is pivotal in controlling social media platforms by regulating content, safeguarding
user privacy, and combating cyberbullying and harassment. It enforces intellectual property
rights, ensuring creators' content is protected from unauthorized use. Additionally, cyber law

25
Rezwana Rashid, Tanha Tanzia, published on 12 Oct 2021, https://www.thedailystar.net/law-our-
rights/news/laws-protecting-victims-cyber-harassment-2196491

23
mandates data security measures to prevent breaches and promotes transparency and
accountability in platform governance. Overall, cyber law serves to maintain a safe, fair, and
responsible online environment for social media users.

Social media is a subject-matter of cyber and information technology. Bangladesh has

introduced some specific laws on cyber and information technology issues, such as-- ICT
Act, 2006 (amended 2013) and recently passed the Digital Security Act 2018. Despite the
constitutional protection, various provisions of ICT Act, 2006 and Amendment of 2013
thereof has given huge discretionary power to the police, abuse of which is one of the major
concerns at the moment. The Act has covered all the areas of negative propaganda against the
liberation war, defamation, hurting religious values, spreading of hatred and creating enmity
among different groups and communities that can cause deterioration of law and order etc.26

The role of cyber law in social media control in Bangladesh is significant, as it provides a
legal framework for regulating online activities, ensuring accountability, and protecting the
rights of individuals. Here are several ways in which cyber law influences social media
control in Bangladesh:

Regulation of Content:

Cyber laws establish guidelines and regulations governing the type of content that can be
posted on social media platforms. This includes provisions to combat hate speech, incitement
to violence, defamation, and dissemination of false information.

Legal mechanisms such as the Digital Security Act (DSA) in Bangladesh empower
authorities to take action against individuals or entities spreading harmful or illegal content
on social media platforms.

User Privacy and Data Protection:

Cyber laws incorporate provisions to protect the privacy of social media users and regulate
the collection, storage, and processing of personal data by social media platforms.

Regulations such as the Personal Data Protection Act (PDPA) in Bangladesh aim to
safeguard the privacy and data rights of individuals, including social media users.

26
Md.Nayem Alimul Hyder, published on 22 Sep, 2018,
https://thefinancialexpress.com.bd/views/reviews/social-media-and-digital-security-act-1537630009

24
Cyberbullying and Online Harassment:

Cyber laws address cyberbullying and online harassment on social media platforms by
defining such behaviors as offenses and prescribing penalties for perpetrators.

Legal provisions enable authorities to take action against individuals engaging in

cyberbullying or online harassment, providing recourse for victims to seek justice.

Accountability of Platform Providers:

Cyber laws hold social media platforms accountable for the content hosted on their platforms,
imposing obligations to monitor and remove illegal or harmful content promptly.

Legal frameworks may include provisions for intermediary liability, requiring social media
companies to cooperate with law enforcement agencies and comply with takedown requests
for objectionable content.

Election Integrity and Disinformation:

Cyber laws play a role in ensuring election integrity and combating disinformation campaigns
on social media platforms during electoral periods.

Regulations may include provisions to prevent the spread of false information, propaganda,
and foreign interference on social media platforms, promoting transparency and
accountability in online political discourse.

Consumer Protection and Online Transactions:

Cyber laws protect consumers engaging in online transactions through social media platforms
by establishing legal frameworks for e-commerce, digital payments, and dispute resolution.

Regulations aim to ensure transparency, fairness, and security in online transactions, fostering
trust and confidence among social media users as consumers.

Overall, cyber laws in Bangladesh serve as essential tools for social media control by
establishing legal boundaries, protecting user rights, promoting accountability, and
addressing emerging challenges in the digital space. Effective implementation and
enforcement of cyber laws are crucial for maintaining a safe, secure, and responsible online
environment for social media users in Bangladesh.

25
6.8 The role of Technology in Cyber Security

In the current digital era, the frequency and complexity of cyber threats are increasing. It is
imperative that individuals and organizations stay up-to-date on the latest Cybersecurity
technologies in order to effectively combat these threats and safeguard sensitive data. It is
essential to remain vigilant as new threats emerge daily. Cybercriminals are becoming more
sophisticated in their tactics, and as a result, data breaches are becoming increasingly
common. Some of the latest Cybersecurity threats include phishing attacks, ransomware,
social engineering, and IoT attacks. These malicious activities can cause significant financial
losses, reputational damage, and even legal liability. Staying ahead of the curve in
Cybersecurity is crucial for preventing cyberattacks and protecting sensitive data. Adopting
the latest Cybersecurity technologies enables organizations to enhance their security posture
and mitigate potential risks. By doing so, organizations can safeguard their information and
protect themselves from potential threats. In a nutshell, staying current with the latest
Cybersecurity technologies is no longer an option, it is a necessity to ensure the safety of
sensitive data and the integrity of business operations. Some of the Latest Cybersecurity
Technologies Include:

Artificial Intelligence (AI) and Machine Learning (ML):

The rapid advancement of Artificial Intelligence (AI) has opened up new frontiers in various
fields, but it has also ushered in an era of unprecedented cyber threats. The prospect of AI
cybercrime, if left unchecked, presents a grave danger not only to individuals but to the very
existence of humanity. AI-driven cybercrime has the potential to undermine the fundamental
pillars of our interconnected world. The menace of cyberbullying is on the rise due to
technological advancements. Some individuals, commonly referred to as "trolls" on social
media, are now using AI-powered tools to disseminate hurtful comments and target
vulnerable individuals more easily. AI technologies have facilitated the targeting of
vulnerable individuals by social media trolls and the dissemination of false information.
Deepfake technology, for instance, is one AI-powered tool used for cyberbullying. It enables
trolls to create deceptive videos or photos that are challenging to detect, thus enabling the
effortless spread of false information or damage to someone's reputation. Additionally,
hateful remarks are being transmitted through chatbots on social media platforms. 27

27
Adnan Anan Sikder, published on 10 Nov 2023, https://www.observerbd.com/news.php?id=445500

26
Artificial Intelligence and Machine Learning are revolutionizing the cybersecurity industry.
These technologies analyze vast amounts of data, learn from patterns, and make predictions
about potential threats. By utilizing these technologies, cybersecurity experts can identify and
respond to threats faster and more accurately than ever before.

Behavioral Biometrics: Behavioral biometrics is a new approach to cybersecurity that uses

machine learning algorithms to analyze user behavior. This technology can detect patterns in
the way users interact with devices, such as typing speed, mouse movement, and navigation.
By analyzing these patterns, behavioral biometrics can identify potential threats, such as
hackers who have gained access to a user’s account.

Blockchain: Blockchain technology is most associated with cryptocurrencies, but it has the
potential to transform cybersecurity as well. By creating a decentralized database, blockchain
can provide secure storage for sensitive information. Because there is no central authority
controlling the data, it is much more difficult for hackers to gain unauthorized access.

Quantum Computing: Quantum computing is a technology that uses quantum mechanics to

process data. It has the potential to solve complex problems much faster than traditional
computers. While this technology is still in its infancy, it has the potential to revolutionize the
field of cybersecurity by allowing more secure encryption.

Cloud Security: Cloud computing has become an essential part of many businesses, but it
also introduces new security risks. Cloud security technologies are emerging to address these
risks, such as multi-factor authentication, encryption, and access controls. By utilizing these
technologies, businesses can ensure that their data is secure in the cloud.

Internet of Things (IoT) Security: IoT devices are becoming more prevalent in homes and
businesses, and they are often vulnerable to cyberattacks. IoT security technologies include
encryption, access controls, and monitoring to protect IoT devices and the data they collect.

In conclusion, staying ahead of the curve in cybersecurity requires a deep understanding of

the latest technologies and trends. These are just a few of the latest developments in
cybersecurity technologies. As the threat landscape continues to evolve, it’s likely that new
technologies and strategies will emerge to help businesses and organizations protect their data
and networks from cyberattacks. By incorporating these emerging technologies into your
cybersecurity strategy, you can better protect your sensitive information and prevent
cyberattacks. Remember,

27
cybersecurity is an ongoing process, and it is essential to stay up to date with the latest
developments to ensure that your data stays safe. 28

6.9 Various Issues Under Cyber Laws

In recent times specially last week, Bangladesh has witnessed a significant increase in data
leaks and cyberattacks, a trend that is particularly alarming as the country approaches the
general election. The severity of the issue was highlighted by the suspected leak of five crore
citizens' data from the Office of the Registrar General, Birth & Death Registration. This
leaked information includes birth dates and national identification numbers, posing a risk of
further personal information extraction. Bangladesh has faced a range of cyber threats, such
as Distributed Denial-of-Service (DDoS) attacks and ransomware incidents, targeting
government agencies, law enforcement, and financial institutions. Notably, Indian hacking
groups have actively engaged in cyber warfare, defacing websites, and exposing sensitive
data. These incidents expose vulnerabilities in Bangladesh's cybersecurity infrastructure, with
the discovery of over 7,000 security loopholes and open ports. Despite warnings and notices
from the government's Computer Incident Response Team (BGD e-GOV CIRT), the
implementation of necessary security measures by relevant sectors has been inadequate. To
safeguard critical information infrastructures, military entities, financial institutions, and
other sectors, immediate actions and heightened vigilance are essential in countering cyber
threats. By addressing these challenges and adopting robust security measures, Bangladesh
can enhance its cybersecurity defenses and ensure the protection of sensitive data and
national interests.29

Bangladesh has several laws related to technology, such as the Digital Security Act 2018, the
Telecommunications Act 2001, and the ICT Act 2006. However, these laws have several
shortcomings and gaps that need to be addressed. For instance, there is no specific law to
protect data privacy, and the existing laws do not provide adequate protection for consumers.

28
EC-COUNCIL, published on 27 Feb, 2023, https://www.eccu.edu/blog/technology/the-latest-cybersecurity-
technologies-and-
trends/#:~:text=Adopting%20the%20latest%20Cybersecurity%20technologies,protect%20themselves%20from
%20potential%20threats.
29
Muhibbul Muktadir Tanim , published on 9 Jul 2023, https://www.linkedin.com/pulse/cybersecurity-
challenges-bangladesh-protecting-critical-
tanim#:~:text=Bangladesh%20has%20faced%20a%20range,websites%2C%20and%20exposing%20sensitive%
20data. Last visited 5 March 2024

28
Additionally, there is no specific law to govern e-commerce in Bangladesh. One of the
challenges policymakers face is the fast-paced nature of technology, which makes it difficult
for laws to keep up. Also, policymakers need to ensure that the legal framework does not
stifle innovation in the technology sector.30

7. Case Studies or Example

The highest number of cases filed on cybercrime charges in the country are in Dhaka district.
Outside Dhaka, the district with the most cybercrime cases is Chattogram. A scrutiny of the
cases that come to the Dhaka cyber tribunal reveal that over half the cases come from 15
districts. Most of these cases have been lodged under Section 57 of the Information
Communication Technology (ICT) Act. The crimes detailed in this act include spreading
false and defamatory content and distorted or obscene pictures online. In 2013 a single cyber
tribunal was set up in Dhaka. Till September last year, 2669 cases have been placed with the
tribunal. Prothom Alo has reviewed records pertaining to the cases over seven years. The
records reveal that 28.36 per cent of the cases come from Dhaka district and various police
stations of Dhaka city. Meanwhile, 5. 58 per cent of the cases come from Chattogram district
and police stations of the city. And 1410 cases, that is 52.83 per cent, come from Sylhet,
Khulna, Habiganj, Cumilla, Rajshahi, Mymensingh, Barishal, Rangpur, Gazipur,
Brahmanbaria, Tangail, Pabna and Narsingdi districts.31

While cyberbullying has decreased in the country, there is a growing concern over the rise of
new forms of cybercrimes, such as app-based fraudulence, which poses a threat to people's
online security, according to the report "Bangladesh Cybercrime Trend 2023" released by the
Cybercrime Awareness Foundation (CAF). The findings were presented during a press
briefing at Dhaka Reporters Unity on :

According to the report, cyberbullying accounted for 52.21% of all reported online crimes in
2022. These cases involved activities such as pornography, indecent messaging, and abusive
posts on social media. This percentage was 59.90% in 2017. The report attributed the
decrease in cyberbullying cases to factors such as enhanced awareness campaigns and
increased implementation of preventive measures. The organisation indicates a notable

30
Cyrus Anushirvan Faizi, 17 Mar 2023, https://www.linkedin.com/pulse/future-technology-law-bangladesh-
cyrus-anushirvan-faizi
31
Asaduzzaman, published on 22 Sep 2021, https://en.prothomalo.com/bangladesh/crime-and-law/cyber-crime-
highest-number-of-cases-in-dhaka-next-chattogram

29
increase in new forms of cybercrimes, rising from 1.81% in the 2022 report to 6.91% in the
2023 report. A significant portion of these crimes are associated with fake job circulars and
various app-based fraudulences. Meanwhile, the report brought to light a rise in financial
fraud cases in the cyber realm. In 2022, a concerning 14.64% of people fell victim to online
shopping scams, indicating a worrisome trend. CAF President Kazi Mustafiz referred to the
statistics from the Dhaka Metropolitan Police's Detective Branch Cyber and Special Crime
division regarding financial fraudulence in cyberspace. Among the 406 cases in that division,
98 cases, accounting for approximately 24% of the total, were related to financial scams.
Another 17.73% cases were reported to the unit related to mobile banking and financial
services related scam. He further added that there has been a dramatic surge in scams where
people are deceived under the guise of lucrative offers for online buying and purchases.
Additionally, the report emphasised that hacking primarily targeted social media accounts of
women, comprising 25.18% of all reported cases. The CAF report also highlighted a
worrying trend in the number of victims filing complaints related to cybercrime offenses.

In recent years, there has been a notable decrease in the number of complaints lodged. In
2018, approximately 61% of cybercrime victims filed complaints, whereas last year, that
figure significantly dropped to 20.83%. Around 75% of the survey respondents who were
victims fell into the age group of 18 to 30. This age group experienced attacks on social
media through fake post campaigns or their accounts were hacked. Furthermore, in 2022,
child victims accounted for a total of 14.82% of all reported cases, which represents a
significant increase of 140.87% compared to 2018. These children primarily faced
harassment on social media platforms. 32

The Bangladesh Bank Heist of 2016 was a highly sophisticated attack that involved the
infiltration of the bank's computer systems, social engineering, and insider help. The attack
resulted in the loss of $81 million and had a significant impact on Bangladesh's economy and
banking system. Financial institutions must learn from this attack and take proactive
measures to prevent similar incidents in the future. These measures include implementing
two-factor authentication, conducting regular security audits, being vigilant against insider
threats, and providing cybersecurity awareness training to employees.

32
The Businesses Standard, published on 20 May 2023, https://www.tbsnews.net/bangladesh/cyberbullying-
related-crimes-drop-while-financial-frauds-surge-bangladesh-report-634974

30
Financial institutions must also stay up-to-date with the latest cybersecurity trends and
technologies to ensure they are adequately protected. They should also have incident
response plans in place in case of a cyberattack. These plans should include protocols for
detecting and containing a breach, notifying relevant parties, and recovering from the attack.

In summary, the Bangladesh Bank Heist of 2016 serves as a reminder of the increasing threat
of cyberattacks to financial institutions worldwide. It is essential for these institutions to take
proactive measures to protect their systems, data, and customers. By implementing best
practices in cybersecurity, conducting regular security audits, and providing employee
training, financial institutions can minimize the risk of a successful cyberattack and protect
themselves from significant financial and reputational damage. 33

8. Challenges and Barriers

1. Lack of Comprehensive Legislation: Bangladesh lacks comprehensive cyber laws that
adequately address the wide range of cybercrimes and digital activities.

2. Inadequate Enforcement: Despite existing laws, enforcement mechanisms are often weak
due to limited resources, expertise, and coordination among law enforcement agencies.

3. Cybercrime Proliferation: The rapid growth of cybercrimes such as hacking, online

fraud, and cyberbullying outpaces the development of effective legal frameworks to combat
them.

4. Limited Awareness and Capacity: Many citizens, businesses, and even law enforcement
agencies lack awareness and understanding of cyber laws, leading to underreporting and
ineffective response to cybercrimes.

5. Data Protection Challenges: Protecting personal data and privacy is a significant

challenge, with insufficient regulations and enforcement mechanisms to safeguard against
data breaches and misuse.

6. Cybersecurity Vulnerabilities: Weak cybersecurity infrastructure and practices make

individuals, businesses, and government institutions vulnerable to cyber attacks and data
breaches, undermining trust in digital transactions and services.

33
digiALERT , published on 23 Mar 2023, https://www.linkedin.com/pulse/case-study-bangladesh-banking-
heist-digialert

31
7. Cross-border Jurisdiction: Cybercrimes often transcend national borders, posing
challenges for law enforcement and legal jurisdiction. Cooperation with international
agencies and neighboring countries is essential but often lacks effectiveness.

8. Legislative Lag : The pace of technological innovation often outstrips the ability of
lawmakers to enact relevant and effective cyber laws, leading to gaps and inconsistencies in
legal frameworks.

9. Political and Social Factors: Political instability and societal norms can influence the
development and enforcement of cyber laws, leading to inconsistencies and lack of
accountability.

10. Cyber Terrorism Threats: The emergence of cyber terrorism poses new challenges for
cyber law enforcement, requiring adaptive and proactive legal responses to prevent and
combat such threats.

Addressing these challenges requires a multi-faceted approach involving legislative reform,

capacity building, awareness campaigns, international cooperation, and investment in
cybersecurity infrastructure and expertise. 34

9. Recommendations
1. Update and Revise Legislation: Continuously update and revise existing cyber laws to
keep pace with rapidly evolving technology and emerging cyber threats.

2. Enhance Enforcement Capacity: Provide specialized training and resources to law

enforcement agencies to improve their ability to investigate and prosecute cybercrimes
effectively.

3. Strengthen Data Protection Laws: Implement stronger data protection laws and
regulations to safeguard personal information and privacy rights of individuals.

4. Promote Cybersecurity Awareness: Launch public awareness campaigns to educate

individuals and businesses about cybersecurity best practices and the importance of
complying with cyber laws.

34
Amran Hossain, https://www.academia.edu/4225890/Cyber_Law_Bangladesh_Perspective

32
5. Facilitate International Cooperation: Strengthen cooperation with international law
enforcement agencies to address cross-border cybercrimes and enhance information sharing
and collaboration.

6. Establish Cybercrime Reporting Mechanisms: Create user-friendly and accessible

platforms for reporting cybercrimes to law enforcement authorities, ensuring timely response
and assistance to victims.

7. Improve Judicial Processes: Streamline legal procedures and enhance the capacity of the
judiciary to handle cybercrime cases efficiently and ensure swift justice.

8. Encourage Private Sector Participation: Foster collaboration between government

agencies and the private sector to develop and implement cybersecurity measures and
standards.

9. Enhance Cyber Incident Response: Develop robust cyber incident response plans and
capabilities to effectively mitigate and respond to cyber threats and attacks.

10. Regular Monitoring and Evaluation: Establish mechanisms for regular monitoring and
evaluation of cyber laws and their implementation to identify gaps and areas for
improvement.

By implementing these recommendations, Bangladesh can strengthen its existing cyber laws
and enhance its capacity to address cyber threats effectively, protect digital rights, and
promote a secure and resilient digital environment.

Conclusion

While Bangladesh has made strides in establishing cyber laws to address the growing
challenges of the digital age, there remain several areas for improvement. The existing cyber
laws in Bangladesh face challenges such as outdated legislation, weak enforcement
mechanisms, limited awareness, and inadequate protection of data and privacy. However,
there is potential for positive change through comprehensive legislative reforms, enhanced
enforcement capacity, public awareness campaigns, and international cooperation. By
prioritizing these recommendations and committing to ongoing monitoring and evaluation,
Bangladesh can strengthen its existing cyber laws to effectively combat cybercrimes, protect
digital rights, and foster a secure and resilient digital environment for its citizens and
businesses.

33
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