Question arises over the necessity of new telecommunication act with little change

The government has prepared a draft of the new telecommunication act. Except for a tad bit change everything from the present act has been included in the draft. There’s no explanation in the draft about why the act is being prepared anew.

Plus, questions have been raised about some of the changes that have been brought in the draft. The posts and telecommunications division has prepared this draft of the new telecommunication act, 2024.

Regarding the objective of the act, the draft right in the beginning states that for the development of telecommunication system and regulation of telecommunication service in Bangladesh it is necessary to make rules for the establishment of an independent commission including the transfer of powers, activities and responsibilities of the ministry to the commission alongside other relative matters. That’s why this act.

When Bangladesh Telecommunication Regulation Act, 2001 was enacted more than a decade ago, the same objective was mentioned there. It has already been 12 years of the independent commission being formed.

What are the challenges the government is facing while working under the existing law that a new act has to be formed, experts have raised that question. Plus, there rose a criticism about the government forming a new act relating to this, despite there being many other acts.

Earlier, the government had amended the telecommunication act revising a few sections back in 2006 and 2010.  The draft this time included almost everything from the previous act. However, the proposed law doesn’t mention if the previous act will be abolished or not.

It only states that the Telegraph Act 1885 and Wireless Act 1933 will be abolished. However, if any provisions or anything from the two mentioned acts is consistent with the proposed act, those can be applied.

When asked about the draft, state minister for posts, telecommunication and information technology Zunaid Ahmed Palak told Prothom Alo, "It (draft) hasn’t been finalised yet and being discussed with the stakeholders."

"Fourteen years have passed since the last revision (existing act). A lot of technological changes have been brought in the meantime. The new act is needed indeed for the Smart Bangladesh Vision and the demand of the present time," he continued.

On the topic of abolishing the previous act he said that the decision on what will happen to the previous acts will be taken after discussion and proposal.

Among the notable changes brought in the draft there is the inclusion of all types of telecommunication services including social media, online platforms, cell broadcasting and internet protocol (IP) based services under the jurisdiction of the act.

In addition to that the social media and the online platforms have to collect license under this act. Besides, if a person commits a crime from abroad they too will be falling under the jurisdiction of this act.

The same commission, the formation of which has been mentioned under this draft law, BTRCE has prepared a draft regulation titled ‘Regulation for Digital and Social Media Platform, 2021’.

Meanwhile, the information ministry has drafted ‘Over the Top (OTT) Content-Based Service Delivery and Operations and Advertisement Broadcasting’ guidelines. The information ministry is also providing approval for IPTV.

On the other hand, the commerce ministry prepared ‘National Digital Commerce’ policy in 2018. Apart from that, people who run businesses on online platforms have to collect registrations from this same ministry.  

There’s no definition or explanation in the draft of the proposed telecommunication act about the inclusion of new elements including online platforms and social media. This draft consist only the matters that are defined in the existing law.

Mobile operators’ organisation, Association of Mobile Telecom Operators of Bangladesh (AMTOB) has given their observation on the draft. They too say that the inclusion of social media and online platforms will cause complications. These need to be clarified.

The regulation of online platforms and social media will fall under how many ministries and if they all have to get authorisation from BTRC or not, questions of this sort have been raised.

Founder of e-commerce company ‘Ajkerdeal’, Fhim Mashroor told Prothom Alo, "Everybody has online platforms now. Does that mean everyone has to get BTRC approval as well to do business?"

"Already, the doing business index (the environment of doing business) here isn’t that good. These issues will become more complex and difficult to deal with according to the new draft of the telecommunication act," he added.

However state minister Zunaid Ahmed Palak told Prothom Alo on this matter, “There has been no decision yet about those on the draft level. That’s why a proposal has been brought under this law. Wherever it is conflicting, it will be worked on together.”

Mobile court has been included in the draft anew. AMTOB has sought removal of such provision. They say it is impossible and unfair to do instant evaluation and operate mobile court based on that considering the nature of telecom service as well as the technological issues.

The operators say, except for a few issues this is actually the old law. This act has not been formed keeping the year 2041 in mind considering the Smart Bangladesh Vision and the idea of increasing investments.

Among the issues, newly added in the draft there is also the fact that the commission would be allowed to collect and review traffic or internet data that has been generated, sent, received or preserved via telecommunication system for cyber security.

Associate professor of law and emerging technology at University of Malaya in Malaysia, Mohammad Ershadul Karim was asked to comment on this draft. He said it’s unclear why the law has been enacted anew.

There’s no definition of social media and the online platforms. Separate ministries or agencies have policies on them. The new act didn’t bring any changes when it comes to punishment, he added.

He said, “The existing law was revised a little and amended back in 2010. The same could have been done this time as well. There’s no explanation on why there arose the need to make a low anew.”

The government has gathered almost 25 years of experience in telecommunication law. The government knows what its challenges are. The government could have cited those challenges as examples in enacting the new law. But those aren’t here, said Ershadul Karim.