The caretaker government’s decision to repeal the Cybersecurity Act (CSA) 2023 demonstrates a laudable commitment to civil liberties, but raises serious concerns about the country’s preparedness to combat escalation cyber threats. Bangladesh now faces the dual challenge of protecting individual freedoms while ensuring strong defenses against cybercrimes such as hacking, cyberterrorism and data breaches.

THE COST OF A LEGAL VACUUM

Repealing the CSA without a well-structured replacement risks creating a dangerous gap in cybersecurity protections. The CSA, despite its flaws, contained provisions that criminalized computer hacking (Article 33) and cyberterrorism (Article 27), imposing severe penalties for technical offenses that pose significant risks to national security. Without these safeguards, critical digital infrastructure – including financial systems, healthcare databases, and national communications – could be vulnerable to exploitation by bad actors.

Cyberattacks are not theoretical risks. They are intensifying globally, with hackers targeting vulnerabilities in the public and private sectors. In the absence of a clear legal framework, law enforcement agencies may find themselves ill-equipped to respond to such threats, thereby exposing Bangladesh to financial and operational disruption.

A MORE NUANCED APPROACH

One of the fundamental shortcomings of the CSA was its attempt to regulate technical and social cybercrime within a single framework. Hacking, data breaches and cyberterrorism require precise laws, based on technical expertise and aligned with global best practices. Social crimes, such as defamation or disinformation, require a different legal approach that balances accountability and freedom of expression.

Separating these categories into distinct legal frameworks would ensure more effective enforcement and reduce the risk of arbitrary interpretations that could undermine civil liberties.

CLOSING THE GAP: RECOMMENDATIONS

To safeguard its digital future, Bangladesh must act quickly to introduce a comprehensive legal framework that addresses both the security vacuum and the risks of abuse.

Key recommendations include:

A two-tiered legal framework: separate laws should deal with technical offenses like computer hacking and social offenses like cyberbullying. This distinction would allow for specialized application and reduce overbreadth.

Judicial review: Extensive coercive powers, such as warrantless arrests, should be limited and subject to judicial review to ensure a balance of powers.

Stakeholder consultation: Drafting new laws should involve input from civil society, journalists, legal experts and cybersecurity professionals. This inclusive approach will enhance legitimacy and practicality.

Proportionate sanctions: Non-bailable offenses should be limited to high-risk technical offences, with alternatives such as restricted digital access explored for low-risk cases.

Continuous review and adaptation: A dedicated body should monitor the implementation of new laws, ensuring that they evolve in response to emerging threats and global developments in cybersecurity.

SECURING THE WAY FORWARD

The repeal of the CSA provides Bangladesh with an opportunity to rethink its approach to cybersecurity. However, the lack of immediate and effective alternatives could compromise national security and public trust in digital systems. Policymakers must act decisively to fill this gap, striking a careful balance between safeguarding freedoms and protecting against cyber threats.

In an increasingly digital world, Bangladesh cannot afford to leave its digital domain undefended. Today’s time demands a thoughtful, rights-sensitive, and technically robust framework – one that protects the country’s digital infrastructure while preserving the freedoms that define its democracy.

The writer is a political advocacy consultant