Internet shutdown to be prohibited: Ministry asks BTRC

The Ministry of Posts and Telecommunications has directed that the provision allowing internet shutdowns be removed from the Telecommunications Act.

It also instructed to follow global standards for surveillance within the telecommunications system.

These directives were conveyed to the chairman of the Bangladesh Telecommunication Regulatory Commission (BTRC) in a letter sent on Monday by Faiz Ahmad Taiyeb, Special Assistant to the Chief Adviser.

The letter instructed the BTRC to draft amendments and revisions to the Telecommunications Act.

Major General (retd.) Md Emdadul Bari, Chairman of the BTRC, told Prothom Alo that the commission had already been working on revising the law and had written to the ministry earlier. In response, the ministry outlined its own expectations.

He expressed hope that a draft could be submitted to the ministry within the next week.

During the previous Awami League government, BTRC had initiated a new draft of the law which included provisions allowing internet shutdowns and retained existing clauses on surveillance. The current interim government is taking a different stance on these and other matters.

During the July mass uprising, the Awami League government imposed a nationwide internet shutdown for five consecutive days. They also frequently imposed localised shutdowns, particularly around BNP rallies. These actions were often taken by misusing powers granted under the telecommunications law.

In its new directives, the Ministry of Posts and Telecommunications stated that the 2001 Telecommunications Act must be amended to ensure that no government or private entity can arbitrarily shut down internet services.

The draft law must also introduce international standards for surveillance. It further notes that the role and legality of the National Telecommunication Monitoring Centre (NTMC) needs to be addressed.

One instruction states, "A structural and internationally compliant framework for surveillance must be established, where only one agency will serve as the gateway, while all other legally authorised agencies will conduct surveillance under quasi or passive judicial acknowledgement."

This implies that surveillance mechanisms should be brought under a semi-judicial process.

The directives also address the issues of BTRC’s independence and accountability. They call for reducing the requirement of prior approval from the ministry, increasing transparency in BTRC’s recruitment process, and creating clear policies for granting, renewing, renaming, and transferring telecom licenses. Mechanisms must also be put in place to ensure accountability in areas like dues collection and preventing revenue leakage.

The letter further states that, in line with the government's Rules of Business and Allocation of Business, BTRC’s autonomy and accountability must be ensured. While prior approval from the ministry will remain relevant in cases involving its delegated responsibilities or where the interests of subordinate institutions are involved, unnecessary approval requirements—such as in tariff setting—must be removed.

The ministry oversees six state-run telecom companies and various telecom licenses. The revised law must ensure BTRC’s full independence in all areas except those directly tied to these entities, where prior approval will still be required.

To improve service quality, the ministry recommends incorporating Key Performance Indicators (KPIs) aligned with international standards. At the same time, clauses that intimidate or unnecessarily threaten investors should be revised.

The law should also clearly differentiate between civil and criminal offences in relation to telecom services and licensing. The letter concludes by requesting the BTRC to submit a revised draft of the Telecommunications Regulatory Act, 2001, incorporating the mentioned changes.

Commenting on the government’s initiative, Miraz Ahmed Chowdhury, Managing Director of Digitally Right, told Prothom Alo, "The intent behind the directive is good, but the law must be developed through extensive discussion. It’s essential that consumer rights and human rights are prioritised."