The government of Bangladesh has recently put forth a draft of a new telecommunications act, the Bangladesh Telecommunication Act, 2024. This new legislation aims to bring social media platforms, online platforms, and all internet protocol-based services under the purview of the law. The draft has been shared for consultation with various entities, including the Bangladesh Telecommunication Regulatory Commission (BTRC), AMTOB (Association of Mobile Telecom Operators of Bangladesh), and Internet Service Provider Association of Bangladesh (ISPAB).
The proposed act is set to replace the existing Bangladesh Telecommunication Act, 2001, which has been amended twice in 2006 and 2010. However, experts have raised concerns about the potential complexities that may arise from bringing online-based platforms under this law. Fahim Mashroor, former president of the Bangladesh Association of Software and Information Services (BASIS), highlighted that nearly all activities and businesses operate through online platforms in today’s digital landscape, including financial services, education, transportation, and healthcare. He emphasized the need for industry-specific regulations rather than subjecting these sectors to the telecom act.
One of the key features of the new draft is the introduction of punishment for violations of the act or any regulations under it through mobile courts in the presence of an inspector of the commission. However, feedback from AMTOB suggested that this provision should be removed, citing the technical complexities of telecom services and the impracticality of instant assessments through mobile courts.
State Minister for Telecom and ICT, Zunaid Ahmed Palak, assured that the draft is still in its initial stages and that thorough stakeholder conversations and public opinions will be sought before finalizing the law. He emphasized that the aim of the new legislation is to foster the application of modern technology, facilitate business opportunities, attract investment, and generate employment.
The draft also includes a significant increase in fines for violations, with a proposed fine of Tk 300 crore. However, broadband internet service providers, many of which are small and medium-sized businesses, have raised concerns about the disproportionate nature of this punishment. They argue that such fines could severely impact their operations, especially considering their relatively lower revenues compared to mobile operators.
Additionally, broadband service providers have highlighted the need for separate regulations for the broadband sector, including their demand for active sharing of last-mile fiber and infrastructure. The draft also includes provisions for a regulatory sandbox aimed at fostering innovation and technological advancement within the telecommunications sector. This sandbox will provide a controlled testing environment for new products, services, processes, and business models, allowing for experimentation and development without full compliance with the act.
In conclusion, the proposed Bangladesh Telecommunication Act, 2024, seeks to modernize the regulatory framework for telecommunications in the country. While the draft is still subject to feedback and revisions, it is clear that stakeholders are actively engaged in shaping the future of the telecommunications industry in Bangladesh.