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Journalists may face up to 10 years in prison under proposed amendments that would reintroduce provisions previously used to silence the press.

[Dhaka – 12 November 2026] The Clooney Foundation for Justice and the Centre for Governance Studies, an independent think tank based in Dhaka, are calling on the Government of Bangladesh to revise proposed cyber security legislation that could expose journalists to lengthy prison sentences and reverse earlier free- speech reforms.

The proposed amendment reintroduces provisions similar to those under the Digital Security Act, which was previously used to silence journalists and restrict press freedom. The interim government had repealed vague provisions on cyber defamation and misinformation, but the proposed law would bring them back. 

A November 2025 report by Centre for Governance Studies and the Clooney Foundation's TrialWatchProgramme examined 222 cases brought against 396 journalists under the Digital Security Act between 2018 and 2023. Politicians and government officials brought 107 of these cases, raising concerns about the law’s use to target journalists. 

Journalists were arrested and held in pre-trial detention more than half the time, in cases where information was available. Several journalists interviewed described arrests at unusual hours by plainclothes officers, without being informed of the grounds of arrest, and reported mistreatment. Most cases analyzed did not reach trial, making the legal process itself a form of the punishment. 

Journalist Ikhtiyar Uddin Azad, for instance, spent eight months in jail after posting about food shortages during the COVID-19 lockdown. He was eventually acquitted after nearly three years of legal proceedings.

The proposed amendments raise several significant concerns:

•    Up to 10 years in prison for spreading “rumours” and disinformation. Journalists could face lengthy prison sentences for publishing or sharing information considered “unverified” or “misleading”, even when reporting on matters of public interest. These vague provisions resemble the Digital Security Act that our research found were routinely used against journalists.  

•    Criminalization of defamation and arrests without a warrant. Journalists could face up to five years in prison for online defamation, disparagement or bullying, increasing to 10 years where the person affected is a woman or child. The proposed law would also permit arrest without a warrant for defamatory speech, introducing a more severe provision than that contained in the Digital Security Act.

•    Wider criminal liability for editors and news organizations. Editors and news organizations could face  prosecution for reporting they did not produce or directly oversee. Under the previous Digital Security Act, editors faced charges for stories in which they had no involvement, and this form of liability has been retained. The proposed legislation also provides for the closure of an entire media organization following a conviction.

In a joint letter to Bangladesh's Minister of Law, Justice and Parliamentary Affairs and other ministries, the Clooney Foundation and Centre for Governance Studies urge the government to remove the proposed criminal offences relating to “rumours” and “disinformation”, end criminal penalties for defamation and protect good-faith expression about public figures and speech on matters of public interest. 

The organizations welcome the Home Minister’s willingness to include journalist-specific safeguards in the law, including the proposal to require court approval before journalists can be arrested or have their devices seized.

Commenting on the proposed amendments to the cyber law, Zillur Rahman, President of the Centre for Governance Studies (CGS), said, “The Digital Security Act (DSA) taught Bangladesh a costly lesson. We conducted research on 222 cases filed against journalists under the law, of which only one resulted in a conviction. Yet nearly 400 journalists were subjected to criminal proceedings in these cases. Many were arrested, detained, and silenced in the process. The proposed amendments to the new law now risk bringing back those provisions. The government now has an opportunity to ensure that the law protects citizens online without criminalising journalism.”

The proposed provisions raise significant concerns in light of Bangladesh’s obligations under international human rights law. The UN Human Rights Committee has stated that imprisonment is never an appropriate punishment for defamation and numerous experts have called for the repeal of vague and overbroad “fake news” laws. Restrictions on freedom of expression must be clearly defined, necessary and proportionate.

“Bangladesh has an opportunity to break with a history of using repressive cyber-crime laws to punish criticism and public-interest reporting. Laws must protect journalists and their right to report freely and not expose them to criminal charges for doing their job.” — Maneka Khanna, Senior Lawyer at the Clooney Foundation for Justice.

The organizations’ joint report, Press Freedom in Bangladesh: Lessons from the Digital Security Act, was published in November 2025 and is available in both English and Bengali.  Both organizations have offered to share their findings and work with government officials to help ensure that Bangladesh's new cyber security law protects freedom of expression rather than restricting it.

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About the Centre for Governance Studies

CGS is an independent, non-partisan think tank based in Dhaka, established in 2004 to advance democratic governance, accountability, and the rule of law in Bangladesh. Through research, policy dialogue, and public engagement, it works on human rights, freedom of expression, press freedom, and digital rights, and convenes the Bay of Bengal Conversation, an annual international forum on governance, security, and geopolitics. Its sustained monitoring of cases filed under Bangladesh’s successive cyber laws has produced a substantial evidence base on how these laws have been used against journalists, activists, and ordinary citizens.

About the Clooney Foundation for Justice

The Clooney Foundation for Justice provides legal aid to those who need it most. From courtrooms to communities, we work in over 40 countries to defend free speech and protect women and children who are victims of violence. We invest in the next generation of justice leaders and harness AI to expand access to justice. Our aim is to be the premier organization providing legal aid to the most vulnerable, using technology to expand our reach.

Further information

Press Freedom in Bangladesh: Lessons from the Digital Security Act was published jointly by the Clooney Foundation for Justice and the Centre for Governance Studies in November 2025.

For more queries-

Sanjoy Debnath

Public Relations Coordinator

Centre for Governance Studies

E-mail: [email protected]

Contact No: +880171790853

https://cgs-bd.com