The government will no longer be able to shut down internet or telecommunication services through executive orders, following the Advisory Council’s approval of the Bangladesh Telecommunication (Amendment) Ordinance, 2025.
The ordinance, ratified at a meeting chaired by Chief Adviser Professor Muhammad Yunus, introduces wide-ranging regulatory and institutional reforms aimed at modernising the telecom sector, strengthening oversight mechanisms, and safeguarding digital rights.
One of the most consequential changes is the permanent ban on internet and telecom shutdowns under Section 97, effectively ending the practice of digital blackouts and ensuring continuity of essential services.
The amendment establishes a quasi-judicial council to oversee lawful phone-tapping and interception activities. The body will be chaired by the Minister of Law, Justice and Parliamentary Affairs, with the Home Secretary and the Principal Staff Officer of the armed forces as members.
All lawful interceptions must now receive the council's approval, marking a shift from executive discretion to structured legal oversight.
The ordinance seeks to rebalance authority between the Ministry of Posts and Telecommunications and the Bangladesh Telecommunication Regulatory Commission (BTRC), moving away from the highly centralised framework introduced in 2010.
While the ministry will retain authority to approve major national licences based on independent studies, the power to issue all other licences has been returned to the BTRC.
A new Accountability Committee, chaired by the head of the Parliamentary Standing Committee on Telecommunications, has also been formed to enhance parliamentary oversight.
To improve the investment climate, the amendment reduces licence approval timelines and rolls back several high recurring penalties that industry players had long criticised.
The ordinance introduces stricter safeguards for citizen privacy. Under Section 71, misuse of SIM or device registration data to monitor or harass individuals has been criminalised. Freedom of expression provisions have also been revised. The previously broad "speech offence" clauses have been aligned with the Cyber Security Ordinance 2025, limiting criminal liability under Section 66A strictly to the incitement of violence.
In addition, the BTRC is now legally required to hold public hearings every four months and publish follow-up actions on its website, strengthening transparency and public accountability.
In a major institutional shift, the National Telecommunication Monitoring Centre (NTMC) has been abolished. It will be replaced by the Centre for Information Support (CIS) under the Ministry of Home Affairs.
The CIS will be confined to providing technical assistance for lawful interceptions approved by the quasi-judicial council and conducted by authorised agencies. It will operate under the Personal Data Protection Ordinance, with strict role-based access controls.
Interceptions will be permitted only on limited grounds, including national security, law and order, and emergency protection of life. The CIS itself will not conduct surveillance.
To prevent political misuse or blackmail, the Parliamentary Standing Committee will publish an annual national report detailing the scope, grounds, and frequency of interceptions.
Officials say the reforms align Bangladesh’s telecom governance with international best practices, including UN and ITU standards.
Public policy advocate Abu Nazam M Tanveer Hossain welcomed the removal of the previously proposed “Committee of Five Ministers” but cautioned against excessive executive control.
“Piling executive oversight onto staffing, licensing, internal governance, and even post-retirement employment risks turning BTRC into a de facto directorate,” he said.
“True accountability comes through parliament, transparent published decisions, and strong consultation with users and investors, not layers of bureaucratic control.”
He also warned that bringing OTT platforms under telecom regulations without clear definitions could discourage innovation if applied too broadly.
Tanveer Mohammad, chief corporate affairs officer of Grameenphone, said the industry welcomed the long-overdue amendment to the Bangladesh Telecommunication Act, 2001.
“We appreciate the government’s initiative to create a more sustainable and predictable telecom business environment,” he said, adding that operators had actively engaged with the Posts and Telecommunications Division and BTRC during consultations.
While noting that the final ordinance has yet to be formally shared with industry stakeholders, he expressed hope that it reflects refinements based on stakeholder feedback.
The ordinance was approved in principle on November 20 and, following consultations with the Home, Finance, and Planning ministries, received final clearance at the Advisory Council meeting on Wednesday.
Courtesy: Daily Sun.
Bd-pratidin English/TR
