CY B E R L AW I N CR I M INAL AND C IVIL C ONT E X TS
the Comptroller and Auditor General (for issues related to public funds), and any Officer-in-Charge of the
relevant police station for disclosure of criminal/unethical acts (Section 2.1).
Whenever an individual (whistleblower) discloses such information to a competent authority with the belief in
the veracity of the information (or without reasonable grounds for believing its veracity, where the significance
of the allegation justifies its disclosure), a whistleblower is shielded from having their identity disclosed without
their consent (Section 5.1), as well as from criminal/civil suits (Section 5.2). Whistleblowers have the right to be
informed of what actions, if any, were taken based on their disclosure (Section 8).
Frivolous and patently false disclosures are punishable with a minimum of two years’ imprisonment and
maximum of five years’ imprisonment, a fine, or both (Section 10.1). Government officials found to have
submitted false disclosures are also subject to departmental disciplinary action (Section 10.2).
Bangladesh Telecommunication Regulation Act,
2001 (as amended up to 2010)
S UMMARY
Establishes the Bangladesh Telecommunication Regulatory Commission (BTRC), which is granted broad
authorities including the ability to suspend/revoke operator licenses, issue enforcement orders to
telecommunication providers, impose administrative fines for noncompliance, investigate offences under
this Act, and issue orders for operators to block the sending of messages deemed criminal under this
Act. Furthermore, the Act provides the Government with the authority to, in the interest of public order,
investigate or order law enforcement agencies to investigate offences under this Act.
A PPL ICAB IL IT Y TO RO H I NGYA
This Act extends to the whole of Bangladesh without reference to citizenship. Therefore, Rohingya in Bangladesh
charged with the following offences (defined in the Act as cognizable and bailable) are covered by this Act:
• sending false messages via radio or telecommunication;
• conducting activities “contrary to national unity and solidarity” through the use of telecommunication or
radio equipment;
• causing interference in or intercepting radio communication and telecommunication without permission;
• sending obscene, threatening, or grossly insulting messages;
• causing annoyance by telephone calls;
• neavesdropping on telephone conversations.
PROTECTIO N NOT ES
The BTRC is the regulatory body of the Telecommunications Act. The regulator can limit bandwidth as
required by the State. Because the BTRC and the Telecommunications Act govern the relationship between
telecommunications licensees and the Government (rather than focusing on obligations the State and service
providers have to consumers), consumers have few avenues for leveraging either the BTRC or national legislation
to advocate for fewer restrictions on accessing telecommunications services.
The lack of national legislation enshrining rights of consumers to access telecommunications services has
enabled the GoB to institute restrictive measures such as cell phone bans, which were only recently lifted
following directions by the National Taskforce on Rohingya Repatriation to the BTRC, which in turn notified
mobile phone operators to reinstate 3G and 4G services in the Ukhia and Teknaf Upazilas.50
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BE YOND REFU GE: ADVANCING LEG AL PROTECTIONS FOR ROHINGYA C OMMUNITIES IN BANGL ADESH
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