[🇧🇩] ICT Industry in Bangladesh

Source: https://en.wikipedia.org/wiki/Information_technology_in_Bangladesh

Information technology in Bangladesh

The information technology sector in Bangladesh had its beginnings in nuclear research during the 1960s. Over the next few decades, computer use increased at large Bangladeshi organizations, mostly with IBM mainframe computers. However, the sector only started to get substantial attention during the 1990s. Today the sector is still in a nascent stage, though it is showing potential for advancement. Nonetheless, Bangladesh IT/ITES industry has fared comparatively well by achieving US$1.3 billion export earnings in FY 2020-21 and holding US$1.4 billion equivalent market share in the local market contributing 0.76 per cent to the GDP creating more than 1 million employment opportunities so far amid Covid-19 havoc that suddenly shattered businesses last year. Consequently, riding on the successes of IT/ITES sector-supported export-led industries as well as pro-private sector and conducive policies pursued by Bangladesh Government, the country is now poised to become a Developing Country by 2026, as recommended by the United Nations Committee for Development Policy (UNCDP), besides, Bangladesh now seeks to transform itself into a knowledge-based and 4IR-driven cashless economy, aiming to become a developed country by 2041. The Bangladesh government has formulated a draft 'Made in Bangladesh– ICT Industry Strategy' aimed at turning Bangladesh into an ICT manufacturing hub, enhancing export of local products, attracting foreign investment and creating employment proposing to implement in three Notif-info terms— short term from 2021 to 2023, mid-term from 2021 to 2028 and long term from 2021 to 2031 for implementation of the 65 action plans.

History

The first computer in East Pakistan was an IBM mainframe 1620 series, installed in 1964 at the Dhaka center of the Pakistan Atomic Energy Commission (later the Bangladesh Atomic Energy Commission). Computer use increased in the following years, especially after the independence of Bangladesh in 1971; more-advanced IT equipment began to be set up in different educational, research and financial institutions. In 1979, a computer centre, later renamed Department of Computer Science & Engineering, was established at Bangladesh University of Engineering and Technology (BUET); the centre has been playing a pivotal role in Bangladeshi IT education since its inception. Through the introduction of personal computers, the use of computers witnessed a rapid increase in the late 1980s. In 1985, succeeding several individual initiatives, the first Bengali script in computers was invented, paving the way for more intense computer activities. In 1995, use of the Internet began and locally made software started to be exported.

In 1983, the Ministry of Science and Technology established a National Computer Committee to create the required policies. The committee was also responsible to carry out programs to expand and promote the efficacious use of the sector. In 1988, the committee was replaced by the National Computer Board. In 1990, the ministry reformed the board and reconstituted it as the Bangladesh Computer Council to monitor computer- and IT-related works in the country.

ICT industry

The ICT industry is a relatively new sector in the country's economy. Though it is yet to make tangible contributions in the national economy, it is an important growth industry. The Bangladesh Association of Software and Information Services (BASIS) was established in 1997 as the national trade body for software and IT service industry. Starting with only 17 member companies, by 2009 membership had grown to 326. In a study among Asian countries by Japan International Cooperation Agency in 2007–08, Bangladesh was ranked first in software and IT services competitiveness and third in competencies, after India and China. The World Bank, in a study conducted in 2008, projected triple digit growth for Bangladesh in IT services and software exports. Bangladesh was also listed as one of the top 30 Countries for Offshore Services in 2010–2011 by Gartner. The Internet penetration has also grown to 21.27 percent in 2012, up from 3.2 percent three years prior.

The Information and Communications Technology (ICT) sector of the country has maintained 57.21 percent export growth on an average over the last nine years since 2009. In the fiscal year (FY) 2016–17, Bangladesh ICT sector registered export earnings worth US$0.8 billion from the global market and US$1.54 billion from the domestic market span – thereby making around one percent contribution to the gross domestic product (GDP). The ICT sector has created around three hundred thousand job opportunities so far. ICT exports of the country are also projected to reach US$5 billion by 2025.

As the Internet usage increases, the government expects the IT sector to add 7.28 percent to GDP growth by 2021.

 

[Saif]

Quantum computing revolution: Is Bangladesh preparing to seize the future?

In Bangladesh, efforts to address the quantum threat are underway, albeit in a scattered manner. However, compared to neighbouring countries like India and China, these efforts remain minimal. To effectively prepare for the quantum revolution, strong government initiatives are imperative.

en.prothomalo.com

Quantum computing revolution: Is Bangladesh preparing to seize the future?
Ashim Chakraborty
Published: 10 Sep 2024, 17: 16

In the realm of technological innovation, the emergence of quantum computing stands as a beacon of unprecedented potential. Much like the race to harness atomic energy during World War II, today's global powers are engaged in a race to unlock the full capabilities of quantum technology. At the forefront of this pursuit are the United States, Europe, and China, each vying for supremacy in a landscape defined by the principles of quantum mechanics.

Quantum computing, a field rooted in the enigmatic properties of quantum physics, represents a paradigm shift in computational power. Unlike classical computers that rely on binary bits, which can only exist in states of 0 or 1, quantum computers utilise quantum bits, or qubits. These qubits possess the remarkable ability of superposition, enabling them to exist in multiple states simultaneously. This fundamental distinction allows quantum computers to explore a vast array of possibilities in parallel, offering unprecedented speed and efficiency in problem-solving.

At the heart of the quantum revolution lies a series of key differentiators between traditional and quantum computing. Firstly, while classical computers operate on binary logic gates, quantum computers utilise quantum gates to manipulate qubits and exploit their quantum states. This unique approach to computation enables quantum algorithms, such as Shor's and Grover's algorithms, to solve certain problems exponentially faster than their classical counterparts.

Moreover, the phenomenon of quantum parallelism empowers quantum computers to explore multiple solutions simultaneously, making them particularly adept at solving optimisation problems and simulating complex quantum systems. However, with great power comes great responsibility, and the rise of quantum computing also presents a formidable challenge: the quantum threat.

The quantum threat looms large on the horizon, posing significant risks to cybersecurity and data protection. As quantum computers continue to advance, their ability to crack encryption algorithms could render many existing cryptographic methods obsolete. The potential ramifications are far-reaching, with sensitive data, critical infrastructure, and national security at stake. According to experts, the timeline for quantum computers to break public key cryptography is alarming, with forecasts suggesting it could occur within the next 15 years.

In response to this imminent threat, organisations must proactively prepare for the era of quantum computing. Initiatives such as NIST's development of quantum-safe encryption methods signal a concerted effort to stay ahead of the curve. Additionally, President Biden's endorsement of post-quantum cryptography underscores the urgency for government agencies to fortify their cybersecurity infrastructure.

Businesses and governments must act urgently to bridge the gap between perception and reality, ensuring that they are adequately equipped to navigate the complexities of the quantum age and safeguard against potential security risks.

While the quantum threat poses significant challenges, it also presents opportunities for innovation and collaboration. By embracing quantum-safe encryption methods and cultivating agile cybersecurity practices, organisations can mitigate risks and safeguard sensitive data. Moreover, as quantum technology continues to mature, it holds the potential to revolutionise various sectors, including finance, healthcare, and defense. Countries like Bangladesh also can have a huge benefit out of it especially in agriculture and healthcare industries.

In the face of this rapidly evolving landscape, global investment in quantum computing has surged, with companies and governments alike recognising its transformative potential. From Fortune 500 corporations to emerging startups, stakeholders are racing to capitalise on the promise of quantum technology. However, amidst this frenzy of activity, it is essential not to overlook the ethical and legal implications of quantum computing.

In Bangladesh, efforts to address the quantum threat are underway, albeit in a scattered manner. However, compared to neighbouring countries like India and China, these efforts remain minimal. To effectively prepare for the quantum revolution, strong government initiatives are imperative.

Therefore, substantial investment in research and development, fostering partnerships with industry leaders, and prioritising cybersecurity initiatives are essential steps for governments to take. Additionally, universities should consider incorporating courses on quantum computing and cryptography into their curricula to ensure a skilled workforce capable of navigating the challenges and opportunities presented by quantum technology.

In conclusion, the quantum computing revolution presents both unprecedented opportunities and significant challenges. Businesses and governments must act urgently to bridge the gap between perception and reality, ensuring that they are adequately equipped to navigate the complexities of the quantum age and safeguard against potential security risks. The time to prepare for the quantum future is now.

* Dr. Ashim Chakraborty, senior lecturer and researcher in AI and computing at Anglia Ruskin University, Cambridge, UK​

 

[Saif]

Bangladesh IT sector shows promising growth: report

Bangladesh has shown promising growth in its information technology (IT) sector, especially in software development and IT-enabled services, said a global report on...

www.newagebd.net

Bangladesh IT sector shows promising growth: report
Bangladesh Sangbad Sangstha . Geneva 13 September, 2024, 22:16

Bangladesh has shown promising growth in its information technology (IT) sector, especially in software development and IT-enabled services, said a global report on ‘Digital Trade for Development’.

Prepared by the staff of the International Monetary Fund (IMF), the Organisation for Economic Co-operation and Development (OECD), the United Nations Conference on Trade and Development (UNCTAD), The World Bank, and the World Trade Organization (WTO), the report shows that the adoption of e-commerce in Bangladesh, especially business-to-business (B2B) e-commerce in the readymade garments industry, presents an opportunity for the trade development of developing economies.

As per the report, digital technologies have the potential to enhance e-commerce in least developed countries (LDCs) by connecting remote economies to global markets.

To enable more inclusive outcomes from digitalisation, it is important to enable economies trailing behind in terms of digital readiness to catch up.

By addressing challenges in transport and connectivity infrastructure, enhancing digital skills and strengthening regulatory frameworks, LDCs would become better positioned to tap into the vast network of e-commerce, expanding their market reach and increasing economic growth.

It, however, mentions that export opportunities for digitally delivered products could be better harnessed by economies traditionally at the margins of global trade.

Although distance remains a significant factor in overall trade costs, digital technologies reduce the relative importance of some factors of comparative advantage, such as geographical distance from markets and the quality of transport infrastructure.

Trade in digitally delivered products, such as e-books, music and computer software, can thrive with improved internet access, an enabling regulatory environment and digital payment infrastructure.

According to the report, certain traditional factors of comparative advantage in trade may become less significant in the digital realm.

While capital investments and labour costs remain relevant for digital trade, their importance (at least for certain types of skills) is somewhat diminished compared to offline trade.

The report informs that some economies are more prepared to seize opportunities and take on challenges associated with digital trade, highlighting the importance of digital infrastructure and skills.

In general, to engage in and benefit from digital trade, consumers and businesses must have access to fast, affordable and reliable digital infrastructure as well as the skills and capabilities to use digital technologies for productive activities.

High tariffs on imports of information and communication technology (ICT) equipment, restrictions on imports of enabling services and limited competition in telecommunications services can reduce affordability and slow down the adoption of these technologies.​

 

[Saif]

Looking into ICT division projects

Soon after coming into office, the interim government had made its intention to look into the development works undertaken by the previous administration clear. That there would be stocktaking across the board was expected and the present government has already formed various committees to look int

thefinancialexpress.com.bd

Looking into ICT division projects
Published :
Sep 14, 2024 22:37
Updated :
Sep 14, 2024 22:37

Soon after coming into office, the interim government had made its intention to look into the development works undertaken by the previous administration clear. That there would be stocktaking across the board was expected and the present government has already formed various committees to look into projects belonging to different ministries and departments. In line with that decision, a committee has been formed to examine the Information & Communication Technology (ICT) programmes the erstwhile government had taken up under the aegis of 'Digital Bangladesh'. Over the years, domestic media has exposed various irregularities in ICT division. The same can be said of the various think tanks (both domestic and international) and policy critiques who have highlighted wrongdoings by this division and its subsidiaries over the course of the past 15 years. Since billions of Taka have been spent from the national exchequer in the name of "development" in the digital sphere, the formation of the committee is a welcome piece of news.

According to a report published in this paper last week, "The committee has already held its first meeting, which was attended by representatives from various key organisations, including the Hi-Tech Park Authority, a2i Project, and the Bangladesh Computer Council (BCC). However, representatives from the Implementation Monitoring and Evaluation Department (IMED) and the Central Procurement Technical Unit (CPTU), responsible for evaluating government procurement, were absent, as their respective officials are yet to be selected."

The mandate of this committee is straightforward. It will investigate potential instances of corruption and then the authorities will decide where to go from there. The committee's formation is also a departure from the past. There is a technical expert who is a member and one who can assess precisely what progress (or lack thereof) has been made in the 22 ongoing ICT projects running under the FY 2024-25. There have been questions about the manner in which public procurement was done, whether rules were adhered to in concluding public-private partnerships (PPP), reservations expressed on the quality of audits on completed projects, etc.

One major criticism had been the manner in which the construction of hi-tech parks around Bangladesh was done. Serious concerns had been expressed about the manner of site selection and about whether proper feasibility studies had been conducted prior to their construction. Ultimately, some were finished, but only a fraction of envisaged companies moved there. The idea of an "ICT hub" replete with infrastructure and digital services was questioned. Sadly, many things were totally left out of the equation. People expect a certain level of quality of living in terms of schooling for children, entertainment, ease of access (communication) and since these were not priority areas, these projects didn't achieve their primary goals - to become centers of attraction for foreign direct investment (FDI). Even many local companies didn't bother to relocate.

Similarly, there was much consternation about the way consultants were hired to spearhead the ICT division. Again, the question of procedural irregularities had been raised which were ignored by then-government. Indeed, this division had been the den of irregularities but one that got very large allocations of public money in every single budget since 2010. Although the committee has not set any timeline, yet is expected to work swiftly and efficiently in the national interest. Hence, it is all the more crucial that the committee go through the books minutely to uncover all financial and procedural irregularities. Unnecessary projects need to be shelved, corruption-riddled projects need to be identified and those responsible be held accountable. Ultimately, the ICT division has to be turned into a body where accountability and transparency in budgeting and operation is ensured.​

 

[Saif]

Beyond 'digital' and 'smart': Defining Bangladesh's ICT brand

Countries that prioritise Information and Communication Technology (ICT) have each chosen distinct positions for themselves.

www.thedailystar.net

Beyond 'digital' and 'smart': Defining Bangladesh's ICT brand

Visual: Fatima Jahan Ena

In today's world, countries that prioritise Information and Communication Technology (ICT) have each chosen distinct positions for themselves. This positioning might be as innovators, manufacturers, providers of affordable labour, or champions of quality and luxury. These choices are not just about economic strategy; they shape the very identity of a nation in the global market.

Take China, for instance. Historically, it was known for making products "cheaper and better." Now, the country is shifting toward "affordable innovation," reflecting a maturing economy that still values cost-effectiveness but is also pushing the boundaries of technological advancement. Scandinavian countries, on the other hand, have positioned themselves as "inclusive talent hubs," inviting thousands of entrepreneurs from across the globe to work within their borders. Estonia's e-residency program is a prime example, allowing anyone in the world to establish and manage an EU-based company entirely online. Singapore's tech scene is driven by a philosophy of "if you make it, we are interested in it," staying alert to new ideas and ensuring they are available within and from Singapore. The US extends its age-old national motto, the "land of opportunity," to its tech sector, offering endless possibilities for innovation and growth. Japan is synonymous with "superior quality," German engineering stands for "robustness," and Switzerland epitomises "luxury."

Each of these countries tells a different story; each has a unique brand. Some have consciously chosen their angle, while for others, it has evolved organically. But every nation with a stake in ICT has a brand—except, perhaps, Bangladesh.

When the last government came to power, it sought to align itself with the global wave of technological advancement. Part of this was driven by a desire to create a new thrust sector, while part was motivated by the worldwide surge in technological innovation. In 2008, the then-Prime Minister coined the term "Digital Bangladesh." At its core, the philosophy aimed to ensure democracy, human rights, transparency, accountability, justice, and the efficient delivery of government services through the extensive use of technology.

In 2022, the government introduced the concept of "Smart Bangladesh." This time, the focus was on building a SMART country by 2041, with an emphasis on smart citizens, a smart economy, smart governance, and a smart society. However, from a neutral, apolitical perspective, both terms, though catchy, were somewhat ambiguous and did little to establish a clear national brand.

"Digital Bangladesh" and "Smart Bangladesh" did see some success. Access to the internet increased significantly, and the digital divide between metro areas, cities, and townships narrowed. Events like Digital World, SoftExpo, and SmartPhone Expo became regular occurrences, showcasing the industry's potential and progress. During this period, Bangladesh also saw a remarkable rise in freelancers. With over 10 lakh freelancers, the gig economy positively impacted self-employment, remittances, and overall economic empowerment. The start-up ecosystem flourished, entrepreneurship gained momentum, and venture capital became more accessible to young entrepreneurs.

While these initiatives contributed to some fragmented progress, they fell short of creating a clear and precise national brand. The "Smart Bangladesh" roadmap, in particular, was notably vague. The Smart Bangladesh Masterplan, available online, outlined a focus on artificial intelligence, machine learning, robotics, blockchain, nanotechnology, 3D printing, and other futuristic innovations. However, there was a clear disconnect between ambition and action. Most initiatives were centred around building infrastructure, whether civil constructions or technological. These expensive projects were not backed by any precise plan. For instance, Sheikh Hasina Software Technology Park in Jessore is a high-end, expensive, and lavish establishment aimed at attracting foreign direct investment in software development and supporting local programmers; unfortunately, the goals never materialized.

Similar stories transpired for other software parks in Chattogram, Kaliakoir, Rajshahi, and beyond. The government declared 40 mega projects, aiming to increase the ICT sector's share of the national economy to at least 20 percent by 2041. Unfortunately, none of these initiatives managed to attract a notable volume of foreign investment.

Despite the attention garnered by "Digital Bangladesh" and "Smart Bangladesh," neither concept effectively communicated a coherent and purposeful brand for Bangladesh to the outside world.

Several glaring questions remain unanswered: what message do we want the world to hear? Do we want to position ourselves as a hub of trained human resources? Are we aiming to become a manufacturing powerhouse? Should we focus on innovation, bolstering our R&D capabilities? Or are we looking to build a long-term strategy around research and the accumulation of Intellectual Property Rights (IPR)?

Frankly speaking, to this date, our ICT sector doesn't seem to know where it should be heading. We are not an investable brand, so the obvious question is, where do we go from here?

The answer is simple—onward and forward! We must move past the years of fruitless efforts and begin shaping our industry right away. This time, we need a clear focus and purpose.

To begin with, we need to stop investing in expensive infrastructure projects that almost never achieve their intended results. We need to democratise innovation on all fronts. Separate funds should be allocated to public and private universities for research and innovation. Researchers, students, and entrepreneurs should be able to manage seed funding from their respective universities. The IPs generated using these funds should be shared by innovators and the universities; this way, universities would also have an incentive to promote and support new ideas and inventions.

Bangladesh must focus on ground-breaking innovations, cheaper and better than others. It's not just about doing the same thing that China does at a lower cost, but we should focus on making things that China and other competitive countries cannot make. Reduced costs will give us a competitive edge, helping us stay ahead of others, but they will also allow us to penetrate high-potential markets that remain unexplored due to their limited purchasing power, such as Africa, Central Asia, and Eastern Europe.

Generating original intellectual properties (IP) is a critical element. Moving forward, we can generate revenue through leasing our IPs, ensuring long-term sustainability and profitability for all stakeholders. Drawing interest from foreign investors will depend on many factors, but stability and continued innovation will play a significant role in attracting foreign funds to Bangladesh. Instead of blindly following mature and advanced companies, investment should be encouraged in early-stage start-ups, both by the government and private venture funds.

There is a heightened national spirit in every walk of life. Citizens and policymakers are actively investigating and introspecting. The time for transformation in the technology and ICT sector is now; it's a golden opportunity, one we never had before. It won't be easy, but with relentless pursuit of cost-effective innovation, we may be able to build a name, perhaps even a brand for ourselves—"Bangladesh, the leader in frugal innovation."

Sinha Ibna Humayun works in technology marketing and is a tech enthusiast.​

 

[Saif]

How to fix the legacy of internet shutdowns in Bangladesh

Given that fundamental rights are the default and restrictions are exceptions, internet shutdowns are, by nature, unlawful.

www.thedailystar.net

How to fix the legacy of internet shutdowns in Bangladesh

FILE VISUAL: EHSANUR RAZA RONNY

Bangladesh endured a series of unprecedented state-sanctioned internet shutdowns during the month-long student protests, starting with restrictions on social media, messaging services, and mobile internet, and culminating in a near-total blackout that lasted five days. Although connectivity was temporarily restored, the final shutdown coincided with former Prime Minister Sheikh Hasina's resignation and departure on August 5.

A recent investigation under the interim government revealed that two government agencies, the National Telecommunication Monitoring Centre (NTMC) and the Bangladesh Telecommunication Regulatory Commission (BTRC), issued shutdown orders during student protests, under the direction of former state minister Zunaid Ahmed Palak, without any judicial or administrative approval. These top-down measures by the government to disconnect the internet is not new; the state has resorted to this brute force method of internet control on numerous occasions since 2009, with shutdowns occurring almost annually since 2015.

For over a decade, the UN Human Rights Council has condemned internet shutdowns and urged national governments to refrain from impeding internet access, reiterating that internet access is a human right and imploring governments to align domestic policies with international obligations on online freedom of expression. Although the Bangladesh Constitution does not explicitly mention internet access as a fundamental right, the constitutional guarantee of freedom of expression can be interpreted as conferring a right to uninterrupted internet access as essential for exercising this freedom.

Yet, over the last fifteen years, this extra-legal measure has been a favoured tactic of the former government to consolidate power, contain civil unrest and dissents, censor information, and isolate the country from the global community.

It is critical to understand the systemic legitimacy of shutdowns in Bangladesh. Under Bangladesh's Constitution, reasonable restrictions on freedom of expression may be imposed on certain grounds, inadvertently giving authorities the latitude to interpret the constitutional provisions to enforce internet shutdowns if necessary, for instance, for state security, public order, or public morality. Moreover, the broadly defined provisions of section 97 of the Bangladesh Telecommunication Regulation Act, 2001, coupled with vague and expansive licensing conditions, confers excessive discretion to authorities. This discretion has been abused to arbitrarily compel operators to restrict access, even though neither the regulatory agencies nor the overseeing ministries have a clear legal mandate to order such shutdowns.

Additionally, section 144 of the Code of Criminal Procedure, 1898 grants authorities sweeping powers to issue internet shutdown orders based on subjective assessments of potential threats to public order. On a systemic level, the structuring of telecommunications infrastructure at the network access level—where operators are required by licensing conditions to maintain connections with and provide data access to intelligence services like the NTMC under strict conditions of secrecy—enables state agencies to monitor, intercept, and restrict internet traffic, bypassing procedural and legal safeguards, contributing to a pervasive lack of transparency and accountability.

Constitutional principles demand that laws affecting individual freedoms be reasonably certain and predictable. Where discretionary powers are conferred upon state actors, they must be exercised within predefined limits and in a manner that is fair, reasonable, predictable, non-capricious, non-discriminatory, and non-arbitrary. It is clear that these principles were not adhered to by the former government or the agencies directing the shutdowns.

Addressing the issue of internet shutdowns and responding to national and international calls for their outright ban requires a significant and time-consuming policy overhaul. However, the entrenched nature of existing practices, coupled with a lack of immediate political will and the need for consultation and consensus-building among stakeholders, makes achieving these reforms challenging in the short term. A poorly conceived framework could result in future governments enforcing shutdowns, either through statutory amendments, or invocation of constitutional allowances, effectively bypassing the ban.

It would be remiss to overlook the complicity of other stakeholders, including civil society, courts, regulatory agencies, and the telecommunication operators Assessing their roles is paramount not only due to the unconstitutional nature of shutdown orders but also to put into perspective the human cost and economic setbacks that resulted from the wilful blindness.

Both the High Court Division and the Appellate Division of the Supreme Court of Bangladesh have the authority to assess constitutionality of laws and administrative actions, and, historically, have been proactive in legal reforms through suo motu rulings, extraordinary jurisdictions, guidelines, and seminal decisions. Yet there has been no judicial intervention against a repressive measure like an internet shutdown that repeatedly violated fundamental rights.

Government instrumentalisation of the BTRC, an independent statutory agency, to enforce shutdown orders were often verbally communicated to the operators, with no paper trail, allowing plausible deniability. In absence of explicit authority over shutdown decisions, the BTRC relied on ambiguous statutory provisions and licensing conditions.

Further compounding the issue is the authorities' denial of involvement in internet shutdowns, exposing operators to legal risks under section 67 of the Bangladesh Telecommunication Regulation Act, 2001, which criminalises unlawful obstructions to telecommunication and internet services. Considered thus, operators could have refused compliance and challenged legality of shutdown orders. It triggers the question on why the operators, especially subsidiaries of multinational corporations that are subject to international standards and scrutiny—collectively servicing around 96 percent of the country's mobile connections—maintained over-compliance with unlawful orders for over a decade.

Similarly, civil society organisations could have contested the legality of the restrictions under Article 102 of the constitution for infringing fundamental rights, particularly freedom of expression and right to equality and equal protection of law. Despite regular public interest litigations, no constitutional lawsuit has addressed these shutdowns till date.

The interim government has the opportunity to correct the course, and establish a forward-looking and future-proof legal framework to prevent internet shutdowns.

Both in principle and in practice, internet shutdowns should be de facto unlawful and unacceptable. A wholesale internet blackout has historically been used to impose collective punishment, censor speech and information, or suppress legitimate political protests. These measures have disproportionately impacted underrepresented communities, small businesses, and created an information vacuum.

While an outright ban on internet shutdowns would be the ideal solution, the necessary constitutional and legislative reforms makes it unlikely for an outright ban to be effectively implemented in the short term, and risks being overturned by future political regimes.

Considering the constraint of rule-making powers of the interim government, either a presidential ordinance or secondary legislation under the Bangladesh Telecommunication Regulation Act, 2001 could provide a viable path forward.

Consistent with the recommendations by the UN Human Rights Council and Bangladesh's Constitution, and in absence of a systemic overhaul, a primary or secondary legislation addressing disabling or throttling of internet connection and online services should consider the following normative standards and procedural safeguards: i) the law should define measures constituting internet shutdowns and specifically prohibit such measures, unless the conditions of the statute are met; ii) the law should explicitly give a specific state agency the power to enforce shutdown, with clear guidelines and standards to prevent misuse of that power; iii) any restrictions must be necessary to achieve the goals listed in Article 39(2) of the constitution; iv) a restriction must be reasonable and the least invasive method possible, and adequately reasoned. Orders should be as narrow as possible in terms of how long they last, the areas they cover, and the services they affect; v) decisions should be well-documented, with clear reasons provided. Those affected, including individuals and operators, should be informed in advance, with an explanation of the legal reasons and details of the shutdown's scope and duration; vi) all information about the decisions should be published according to the Right to Information Act, 2009 and other legal requirements; vii) the actions should be approved in advance by a court or an independent body to prevent political, commercial and other improper influence; vii) there should be timely ways for those affected to challenge the actions in court or through other means, even after the shutdown ends, and hold the state apparatuses accountable.

Considering the extensive use of shutdowns during the recent student protests and probable arguments around necessity to prevent violence, it may be prudent to seek an advisory opinion of the apex court on the legality of shutdown orders. This could provide critical insights into structuring an enactment that ensures a rights-respecting and principled legal framework. Albeit a less preferable option, the writ jurisdiction of the High Court Division could also be invoked to achieve the same outcome.

Given that fundamental rights are the default and restrictions are exceptions, internet shutdowns are, by nature, unlawful. Even in scenarios where shutdowns may be warranted, it should be temporary and targeted, and the measures must meet these stringent legal standards, ensuring adherence to established rights-respecting frameworks.

Shahzeb Mahmood is the Head of Legal and Policy Research at Tech Global Institute.​