Freedom of Expression in the Digital Age: Assessing the Compatibility of Bangladesh’s Cyber Security Act 2026 with Constitutional Guarantees and International Human Rights Standards

Abstract

-This paper is an attempt to critically examine the Cyber Security Act 2026 of Bangladesh in the light of constitutional law, international human rights law, and comparative jurisprudence. The research makes use of doctrinal legal research and comparative analysis to review the Act with respect to Article 39 of the Constitution of Bangladesh, Article 19 of the International Covenant on Civil and Political Rights (ICCPR), and the UN Human Rights Committee’s General Comment No. 34. It finds that although there were legitimate reasons for the Act, several provisions pose fundamental constitutional challenges. These challenges stem from broad definitions provided in the act and ambiguous speech offenses including “defamatory online content," “false information," “cyber propaganda," and “cyber terrorism," along with wide-ranging investigative powers with no need for obtaining judicial warrants. Such provisions not only lack legality, necessity, and proportionality as required under Article 19(3) of the ICCPR but are also likely to have considerable chilling effects on online speech, thereby preventing journalists, academics, and citizens from exercising their constitutional right to participate in political debates. Based on the jurisprudence in the US First Amendment, the European Union’s Digital Services Act, and the judgment of the Indian Supreme Court in Shreya Singhal v. Union of India, it indicates that it is possible to regulate cyberspace without disproportionately curbing constitutionally guaranteed speech. It concludes that the Act does not meet any of the five cumulative requirements for constitutionally sound cyber legislation. This study recommends five key principles of legislative reform to meet those requirements.