Editors’ Council Proposes 12 Safeguards for Journalists in Proposed Cyber Law

The Editors’ Council has proposed 12 safeguards for journalists and media organisations under the proposed Cyber Security (Amendment) Act, 2026. Its recommendations include requiring judicial authorisation for law enforcement actions against journalists, protecting journalistic sources, safeguarding public interest reporting and preventing mobile courts from adjudicating disputes involving journalism.

In its recommendations on the proposed legislation, which has yet to be finalised , the council said cyber security measures must address genuine crimes without undermining independent journalism or freedom of expression.

The council warned that the proposed law did not clearly distinguish between cyber security, cybercrime and journalism, potentially creating obstacles to independent and responsible reporting.

Its 12 recommendations are as follows:

Protect journalism and freedom of expression
News reports, investigative journalism, analysis, opinion pieces, satire, cartoons and fair criticism published in the public interest should not be classified as cybercrimes solely because of their content or critical nature. Offences involving freedom of expression should remain bailable, the council recommended.

Require judicial authorisation for action against journalists
Arrests, searches, seizures, access to digital devices or data, and surveillance in cases directly related to journalists’ professional activities should require prior judicial authorisation. In emergencies, court approval or judicial review should be obtained within 48 hours. Such cases should also be bailable.

Clearly define misinformation, disinformation and rumours
Inaccurate, incomplete or unverified information should not automatically constitute a criminal offence. The law should clearly define misinformation, disinformation and rumours, as well as terms such as bullying, defamation, disparagement, sexual harassment and sextortion.

Protect public interest journalism
The legislation should explicitly protect reporting on corruption, abuse of power, financial irregularities, environmental damage, public health, consumer rights, government expenditure and misconduct in public and private institutions.

Distinguish political criticism from cybercrime
Criticism of the government, state institutions, public officials and government policies, along with political opinions, satire and parody, should not be treated as cybercrimes. Vague terms such as “defaming the state” should be excluded, and criminal liability should require proof of all the essential elements of an offence.

Ensure transparency in content removal and blocking
Any order to remove or block content should have a clear legal basis, include written reasons and meet the test of necessity. Affected parties should be given an opportunity to respond, except in urgent cases.

The law should provide mechanisms for appeal and judicial review. Emergency blocking orders should be subject to court approval or review within 48 hours, and such actions should be publicly disclosed.

Refer defamation complaints to the Press Council
Online defamation should not be treated as a new or more serious category of cybercrime. Complaints involving defamation should instead be referred to the Bangladesh Press Council under the existing legal framework, the council proposed.

Exclude mobile courts and executive authorities from journalistic disputes
Mobile courts and executive authorities should not adjudicate complaints involving news publication, freedom of expression, defamation or journalistic content. Arrests, fines, content removal and other punitive measures in such cases should be subject to judicial oversight.

Prevent arbitrary penalties against media organisations
Media organisations should not face suspension, cancellation of registration or other arbitrary penalties over specific reports or publications. Disputes concerning such content should be referred to the Bangladesh Press Council.

Protect journalists’ sources
Journalists should not be compelled to disclose their sources, as confidentiality is essential to independent journalism and the protection of whistleblowers.

Use the Press Council to resolve professional disputes
The Bangladesh Press Council’s complaint and inquiry mechanisms should be used, where appropriate, to resolve disputes involving journalistic work, professional conduct and ethics rather than immediately initiating criminal proceedings.

The council also recommended updating the Press Council’s jurisdiction, where necessary, to cover relevant digital media outlets alongside print media.

Ensure independent oversight of cyber law enforcement
The National Cyber Security Council should be restructured to ensure independent, multi-stakeholder oversight of agencies authorised to investigate, arrest, search, seize, conduct surveillance and remove content under cyber laws.

The restructured body should include experts in cyber security, law and human rights, as well as media professionals with editorial experience. Its composition, powers, members’ independence and accountability should be clearly defined, and its decisions and recommendations on matters of public interest should be disclosed.

The Editors’ Council urged the government to reconsider the proposed legislation and consult relevant stakeholders before finalising it. The council said effective cyber security and a free media could be strengthened together through transparency, judicial oversight, accountability and effective legal remedies.


FP/MIB