With the advancement of modern technologies, many countries have shown an increasing interest in utilizing surveillance tools for monitoring and intercepting communications. The situation in Bangladesh has been no exception, particularly during the authoritarian rule of the Awami League. A report from The Daily Star reveals that between 2016 and 2024, the National Telecommunications Monitoring Centre (NTMC), police, and Rab collectively procured surveillance equipment valued at over Tk 1,382 crore. The legality of deploying such equipment has been a contentious issue, especially in countries like Bangladesh with inadequate safeguards and rights protections.
In light of this situation, the interim government’s proposal of a new ordinance aimed at penalizing unauthorized surveillance and dismantling all existing interception platforms, including the NTMC, represents a significant change. If ratified, the Bangladesh Telecommunications Ordinance 2025 will not only criminalize unlawful interception—carrying potential prison sentences of up to 10 years for offenders—but also centralize all “lawful interception” under a Central Lawful Interception Platform (CLIP). This platform can only function on behalf of authorized agencies following court directives or orders issued by an Independent Oversight Council. This move is a positive step forward. In a nation plagued by years of arbitrary surveillance, this initiative is a crucial initial stride towards rebuilding trust and safeguarding citizens’ rights.
Nonetheless, it is important to acknowledge that legislation alone cannot overhaul a system. In the past, when surveillance was misused to target dissidents, journalists, and activists, it occurred not due to legal permission but due to impunity, lack of oversight, and a political climate that viewed citizens as subjects to be controlled. This history must not be repeated. The effectiveness of the new law hinges on meaningful institutional checks and ongoing parliamentary scrutiny. While the draft ordinance proposes the formation of a five-member Independent Oversight Council comprised of nominees from the president, prime minister, parliament speaker, and two retired judges, robust parliamentary oversight, including opposition voices in the relevant parliamentary standing committee, is essential. Without vigilant monitoring by civil society groups to ensure the absence of loopholes that could enable state actors or agencies to exploit the CLIP for covert surveillance, the oversight structure risks becoming merely symbolic.
Furthermore, precautions must be taken to prevent the misuse of “national security” as a blanket justification. The principles of necessity, proportionality, legality, and accountability must be strictly adhered to. Both current and future authorities must ensure that any surveillance is treated as an exceptional measure, not the standard practice, and is always conducted within the boundaries of the law while upholding the rights, privacy, and dignity of citizens.