For years, Bangladesh’s cyber laws have stood at the center of one of the country’s most controversial debates: the balance between national security and freedom of expression. Cyber Law refers to the legal framework governing the use of the internet, digital devices, and digital data.[1] Cyber Law covers various legal matters such as privacy, cybercrime, intellectual property, and other issues.[2]The deeply controversial and heavily criticized Digital Security Act (DSA) and its successor, the Cyber Security Act of 2023, have been completely scrapped.[3] They have been replaced by the finalized Cyber Security Act of 2026 (following the Cyber Security Ordinance of 2025). Bangladesh’s cyber laws have changed many times over the years. The ICT Act of 2006, especially Section 57, was criticized because it was used against people for online posts and opinions.[4] Later, the Digital Security Act (DSA) 2018 replaced it, but it also became known as a “Black Law” for targeting journalists, activists, and government critics.[5] In 2023, the Cyber Security Act (CSA) was introduced with lower punishments, but many people said it was almost the same as the DSA.[6]Finally, the Cyber Security Act of 2026 brought bigger reforms after discussions with experts, journalists, and civil society groups.
One of the most concrete changes in the 2026 Act is that the law regarding personal data has been changed. According to the provisions of the Digital Security Act (DSA) and its 2023 iteration, there were almost no rights that citizens could exercise concerning their personal data.[7]Both the state and corporate entities could freely collect, store and process the data without having any responsibility towards the citizens in terms of notification. The 2026 Act classifies personal data as private property, which means that the entity responsible for data collection will have to obtain informed consent.
The law was not merely a legal text; it was a tool that reshaped how Bangladeshis thought, spoke, and moved through public life.[8] When lawmakers finally repealed the law, they quietly carried forward many of its tools in the laws that replaced it. Freedom of expression also occupies a central place in the debate surrounding cyber laws. During the Digital Security Act (DSA) era, charges related to online defamation and hurting religious sentiments were frequently used against journalists, writers, cartoonists, and political activists.[9] The fear of arrest often led to self-censorship, creating an environment where criticism of powerful institutions became increasingly risky.
The Cyber Security Act of 2026 is, indeed, a significant departure from previous legislative frameworks. It addresses concrete threats, such as artificial intelligence-enabled exploitation of children, massive financial crimes, and organized disinformation campaigns, as opposed to the views of cartoonists and journalists.[10]But Bangladesh has had promising laws that failed in terms of implementation. It will only be when a journalist gets arrested on the basis of social media posts or an activist gets blocked on the grounds of content without a warrant.
In order for the period known as the "Black Law" to be completely over, the law passed in 2026 has to be protected by the court system, by civil society groups, and even by the very government that passed this law. The law has been changed; whether the practice will change is another matter altogether.
Ultimately, the success or failure of the 2026 Cyber Security Act will depend not on promises, but on practice. Laws gain legitimacy through fair enforcement, judicial independence, and respect for constitutional freedoms. If journalists continue to face arrest for criticism, or if activists remain vulnerable to arbitrary censorship, the label of “Black Law” will survive regardless of legal amendments. However, if the new protections are genuinely enforced, if politically motivated cases are withdrawn fairly, and if the judiciary acts independently in defending digital rights, Bangladesh may finally begin to move toward a more balanced and democratic cyber governance system.
The country now stands at a crossroads between the legacy of fear and the promise of reform. The law has changed. The real question is whether the culture surrounding it is ready to change as well.
References:
1. The Knowledge Academy, ‘What is Cyber Law? Everything You Need to Know’ (The Knowledge Academy Blog)
2. ‘CSA will be repealed’ The Daily Star (Dhaka, 8 November 2024)
3. The Information and Communication Technology Act 2006 (Act No. 39 of 2006), s 57.
4. R K Roy, ‘Digitalisation, Online Activism and Civic Politics in Contemporary Bangladesh’ (LSE South Asia Centre Working Paper 2024) 11-12.
5. Digital Security Act 2018 (Act No. 46 of 2018).
6. S Shams, ‘Balancing State Security and Freedom of Expression: A Case Study of Bangladesh's Media Landscape’ (2026) 13(1) International Journal of Social Politics and Economic Research 45.
7. Shrabony Akter and others, ‘The Perpetual Misery: The Plights of the Accused Under the Digital Security Act 2018 in Bangladesh’ (Center for Open Science, SocArXiv Working Paper 2024) 4
F Ahmed, ‘The Future of Cybersecurity and Data Privacy in Bangladesh: Identifying the Legislative Gaps’ (2024) 6(1) American Journal of Social, Political and Economic Sciences 12, 14.
Amnesty International, ‘Bangladesh: Cyber Security Act Continues Digital Repression’ (Amnesty International Briefing, August 2024) ASA 13/8332/2024
Transparency International Bangladesh, ‘The Digital Security Act 2018: A Tool for Suppressing Dissent’ (TIB Articles, 2023)
Cyber Security Act 2026. For foundational discussion on digital safety and structural algorithmic transformations in the region,
12. S Sultana, ‘Bangladesh AI Readiness: Perspectives from the Academia, Industry, and Government’ (arXiv:2601.12934, 2026) 13.
[1]The Knowledge Academy, ‘What is Cyber Law? Everything You Need to Know’ (The Knowledge Academy Blog) /https://www.theknowledgeacademy.com/blog/cyber-law/ accessed 4 June 2026
[2]ibid
[3]‘CSA will be repealed’ The Daily Star (Dhaka, 8 November 2024) https://online.thedailystar.net/news/bangladesh/news/csa-will-be-repealed-3719206#
[4]Information and Communication Technology Act 2006 (Act No. 39 of 2006), s 57.
R K Roy, ‘Digitalisation, Online Activism and Civic Politics in Contemporary Bangladesh’ (LSE South Asia Centre Working Paper 2024) 11-12
[5]Digital Security Act 2018 (Act No. 46 of 2018).
S Shams, ‘Balancing State Security and Freedom of Expression: A Case Study of Bangladesh's Media Landscape’ (2026) 13(1) International Journal of Social Politics and Economic Research 45
[6]Digital Security Act 2018 (Act No. 46 of 2018).
S Shams, ‘Balancing State Security and Freedom of Expression: A Case Study of Bangladesh's Media Landscape’ (2026) 13(1) International Journal of Social Politics and Economic Research 45
[7]F Ahmed, ‘The Future of Cybersecurity and Data Privacy in Bangladesh: Identifying the Legislative Gaps’ (2024) 6(1) American Journal of Social, Political and Economic Sciences 12, 14.
[8]Amnesty International, ‘Bangladesh: Cyber Security Act Continues Digital Repression’ (Amnesty International Briefing, August 2024) ASA 13/8332/2024
[9]Transparency International Bangladesh, ‘The Digital Security Act 2018: A Tool for Suppressing Dissent’ (TIB Articles, 2023) https://www.ti-bangladesh.org/en/articles/story/7477
[10]Cyber Security Act 2026. For foundational discussion on digital safety and structural algorithmic transformations in the region, S Sultana, ‘Bangladesh AI Readiness: Perspectives from the Academia, Industry, and Government’ (arXiv:2601.12934, 2026) 13.
Writer: Student Department of Law, BUP