The government has prepared the draft of the Bangladesh Telecommunication (Amendment) Ordinance, 2025, aiming at tightening control over unauthorised surveillance and unlawful monitoring of citizens.
The draft, prepared by the Ministry of Posts and Telecommunications and published online on Tuesday to seek feedback from stakeholders and the public until November 15, proposes significant amendments to the Bangladesh Telecommunication Act, 2001.
鈥楻egardless of this law or any other law currently in force, under no circumstances shall telecommunication connections, any telecommunication-related services, or the internet be shut down, obstructed, or restricted,鈥� the draft reads.
At the core of the draft ordinance was a robust framework for lawful interception, which explicitly prohibits any unauthorised surveillance.
The draft covered all forms of communication, including voice calls, messages, internet traffic, call detail records, internet protocol data records, location tracking, and other related data.
According to the draft, interception for political, personal, or social purposes is strictly forbidden, with violations punishable by up to 10 years in prison, a fine of Tk 10 lakh, or both.
To prevent unlawful monitoring, the draft ordinance mandated the creation of a Central Lawful Interception Platform, or CLIP, under the home ministry.
CLIP will serve as the sole legally authorised platform for interception, ensuring that only designated agencies, including the Bangladesh Police, the National Security Intelligence, and other approved security bodies, can request surveillance.
It stated that all previous or private interception platforms are considered invalid and that every interception activity would be logged, using multi-layer authentication and role-based access to ensure that agencies cannot access data beyond their authorised scope.
A semi-judicial council, comprising representatives nominated by the president, prime minister, and speaker, along with retired judges, will supervise all interception operations, it proposed.
The draft said that the council would be responsible for approving or reviewing all interception requests and ensuring that activities adhere to the principles of necessity, proportionality, legality, and accountability.
In urgent situations, such as threats to life or emergency calls, interception can begin immediately, but formal approval must be obtained within seventy-two hours, or the activity must cease, it said.
All data collected through lawful interception, including logs, call detail records, and internet protocol data records, must be securely stored for a minimum of five years and a maximum of eight years.
The draft ordinance required strict encryption both at rest and during transmission, making any unauthorised access, storage, or use of intercepted data a criminal offence.
The legislation also mandates the preparation of an annual national interception report, detailing the number, duration, purpose, and responsible agencies for all surveillance operations, it said.
The draft also proposed that a permanent oversight committee, including government and non-government representatives, would verify compliance, monitor security measures, and ensure lawful and transparent retention of data.
It said that any individual or organisation conducting interception without proper authorisation would face severe penalties, and in cases of systemic violations, up to 100 heads of the relevant agency could be prosecuted based on the recommendations of the council or court.
The draft ordinance aligned lawful interception procedures with international standards, including those of the International Telecommunication Union, ensuring that all operations are legally sanctioned, auditable, and transparent.
The draft specified which institutions would be authorised to conduct or request interception, primarily for national security, public order, and criminal investigations.
These include the Bangladesh Police, with specific branches such as the Special Branch and investigative units, the National Security Intelligence agency for matters of national security, and disciplined forces or related intelligence agencies, which may only intercept communications concerning their personnel or targeted threats, requiring court approval for civilian investigations.
All technical execution of interception will be strictly confined to the CLIP, which will operate only on approved requests from designated agencies after they have obtained authorisation from a court or the quasi-judicial council, the draft said.
It also mentioned that any other platform or agency conducting interception will be considered illegal.
Beyond surveillance, the draft ordinance sought to establish an independent Bangladesh Telecommunication Regulatory Commission to oversee the development, regulation, and security of all telecom services, covering traditional networks, internet platforms, over-the-top services, and satellite communications.
The Commission would operate with full transparency, accountability, and stakeholder oversight, managing revenues through the Republic鈥檚 Consolidated Fund and supporting universal service through a Social Obligation Fund, the draft said.
Strict licensing measures, with severe penalties for unauthorised telecom operations or spectrum use, including imprisonment of up to 10 years and fines of Tk 99 crore, are also proposed in the draft ordinance.
It said that licences considered nationally significant would be subject to additional ministerial review, and that transfers and spectrum trading would require regulatory approval.