The Advisory Council has given final approval to proposed amendments to the Bangladesh Telecommunications Ordinance, clearly stating that internet or telecommunications services can never be shut down.
The approval was given at a meeting of the Advisory Council on Wednesday.
According to the amended draft, a series of constructive changes have been introduced to improve the quality of telecommunications services, strengthen regulation, and reform the state surveillance framework.
The amendments move away from the controversial structure introduced through the 2010 changes, ensuring greater independence and accountability of the Bangladesh Telecommunication Regulatory Commission (BTRC).
A balance has also been established between the powers and jurisdictions of the ministry and the regulator.
Previously, all licence issuances required approval from the ministry. Under the new framework, the ministry will approve a limited number of nationally significant licences based on independent studies, while authority to issue all other licences has been returned to the BTRC.
A new “Accountability Committee” has also been formed, chaired by the head of the Parliamentary Standing Committee on Posts and Telecommunications.
The time required for licence approval — from application to final decision — has been reduced.
High and recurring fines prescribed under the previous law have also been lowered, a move expected to make the telecommunications sector more investment-friendly.
The amended ordinance mandates that the BTRC hold public hearings every four months, publish follow-up actions on its website, and enforce provisions to prevent conflicts of interest.
Using SIM and device registration data to conduct surveillance or harass citizens without justification has been made a punishable offence.
Restrictive provisions related to “speech offences” have been revised, aligning with the Cyber Security Ordinance 2025, under which only calls for violence will be treated as criminal offences.
Provisions for appeal and arbitration in telecommunications-related disputes have been included. A new body, the Centre for Information Support (CIS), has been established, and the definition and scope of lawful interception have been clearly and comprehensively outlined in the law.
The CIS will operate under the Ministry of Home Affairs solely to provide technical support for judicially authorised and emergency lawful interception. It must comply strictly with standards set under the Personal Data Protection Ordinance. The centre itself will not conduct interception operations.
Lawful interception may only be carried out for purposes related to national security, law and order, emergency life-saving situations, judicial or investigative needs, and cross-border matters, following clearly defined procedures.
Only specific agencies named in the law will be allowed to conduct such interception, and strictly within their respective jurisdictions.
Interception activities will require approval from a quasi-judicial council and will operate under role-based access control through the CIS. Complaints against unlawful interception can be lodged with the council.
The establishment of the CIS also formally abolishes the National Telecommunications Monitoring Centre (NTMC).
To ensure accountability, provisions for parliamentary oversight and a quasi-judicial council have been introduced.
The council will be headed by the minister for law, justice and parliamentary affairs, and will include the principal staff officer and the home secretary.
The Parliamentary Standing Committee will publish an annual national report on lawful interception, detailing its scope and use. It will also review budgets, operations, and institutional capacity each year.
The amendments further include provisions for image and voice protection, as well as safeguards for SIM and device data. All measures under the ordinance are aligned with international best practices, including standards set by the United Nations and the International Telecommunication Union (ITU).
The ordinance had earlier received policy-level approval at the Advisory Council meeting on November 20.
Following consultations with the ministries of home affairs, finance, and planning, it was placed before the council for final approval at Wednesday’s meeting.
