Cybercrime on the Rise in Bangladesh: Legal Provisions and Solutions

Introduction

In an increasingly interconnected world, the internet plays a pivotal role in communication, commerce, and daily life. However, this growing reliance on digital systems has brought with it the menace of cybercrime, threatening individuals, businesses, and governments alike. Bangladesh, a nation witnessing rapid digitalisation, has not been immune to these challenges. From financial fraud to hacking critical infrastructure, cybercrimes are evolving at an alarming pace. This blog delves into the evolution of Bangladesh’s cybercrime laws, their current provisions, challenges, and recommendations for creating a safer digital environment.

Evolution of Cybercrime Legislation in Bangladesh

The legal journey to combat cybercrime in Bangladesh began with the Information and Communication Technology (ICT) Act, 2006, the first significant attempt to address crimes in the digital space. This act was introduced to regulate information technology, ensure secure online transactions, and penalise cyber offenders.

However, its limitations became evident as technology and cybercrimes evolved. The act lacked clarity on various issues, and enforcement was weak due to inadequate training and resources among law enforcement. The 2013 amendment introduced harsher penalties for cybercrimes, but it also raised concerns regarding freedom of expression.

The Digital Security Act, 2018 (DSA) was later introduced, incorporating provisions to address modern cyber threats such as identity theft, hacking, and financial fraud. Yet, despite these efforts, Bangladesh still struggles with the complexities of enforcing cyber laws in a rapidly changing digital landscape.

Definition of Cybercrime

Cybercrime encompasses a wide range of illegal activities carried out using computers, networks, or digital systems. These crimes include:

• Identity Theft: Misusing someone’s personal or financial information.
• Hacking: Unauthorised access to computer systems or networks.
• Fraud: Online scams, phishing, and financial frauds.
• Cyberbullying and Harassment: Using digital platforms to threaten, intimidate, or harm others.
• Cyberterrorism: Activities that endanger public safety or national security using digital means.

Key Provisions of Cybercrime Laws in Bangladesh

1. Information and Communication Technology (ICT) Act, 2006

• Unauthorised Access: Criminalises hacking, interception, and unauthorised data interference.
• Data Theft and Fraud: Prohibits unauthorised copying, transmission, or tampering of data.
• Cyberterrorism: Penalises actions threatening national security or public safety.
• Online Harassment: Includes provisions against defamation, harassment, and misuse of digital platforms.

2. Digital Security Act, 2018 (DSA)

• Section 23: Identity theft and fraud.
• Section 24: Hacking and unauthorised access to systems.
• Section 33: Fraudulent financial transactions.

3. Penal Code, 1860

Sections 378–420 address theft, fraud, and cheating, extending their scope to include digital offences.

4. Financial and Banking Laws

• The Money Laundering Prevention Act, 2012 and Bank Company Act, 1991 cover fraudulent financial activities, including those conducted online.

Common Types of Cybercrime in Bangladesh

Cybercrimes in Bangladesh are diverse, affecting individuals, businesses, and even government entities:

1. Against Individuals:
   • Phishing scams.
   • Cyberbullying and online harassment.
   • Identity theft and financial fraud.
2. Against Property:
   • Hacking and unauthorised access.
   • Data theft and intellectual property violations.
   • Spread of malware and ransomware attacks.
3. Against the Government:
   • Cyberterrorism targeting critical infrastructure.
   • Espionage and unauthorised access to classified information.

Reasons Behind Cybercrime in Bangladesh

Several factors contribute to the rise of cybercrime in Bangladesh:

1. Rapid Technological Growth: Digital adoption has outpaced the development of robust cybersecurity frameworks.
2. Lack of Awareness: A significant portion of the population is unaware of safe online practices, making them vulnerable to cyber threats.
3. Economic Factors: Financial difficulties drive individuals to engage in cybercriminal activities for monetary gain.
4. Weak Legal Enforcement: Gaps in enforcement, coupled with insufficient training of law enforcement personnel, hinder effective action against cybercriminals.
5. Global Nature of Cybercrime: Perpetrators often operate across borders, complicating jurisdictional issues.

Challenges in Combating Cybercrime

Despite existing legislation, Bangladesh faces several challenges:

• Outdated Laws: Rapid technological advancements often outpace legal reforms.
• Ambiguity in Provisions: Lack of clarity in certain laws leads to inconsistent interpretation.
• Freedom of Expression Concerns: Provisions in laws like the DSA have been criticised for being overly broad, potentially suppressing dissent and freedom of speech.
• Resource Limitations: Law enforcement agencies lack adequate training, technology, and personnel to handle cybercrime investigations effectively.
• Limited Public Awareness: The general population remains largely uninformed about cyber risks and safety measures.

Recommendations for Strengthening Cybersecurity

1. Update Legal Frameworks:
   Regularly review and amend cyber laws to address new threats and maintain alignment with international best practices.
2. Enhance Enforcement Capacity:
   • Provide specialised training to law enforcement agencies.
   • Invest in advanced tools for cybercrime detection and investigation.
3. Public Awareness Campaigns:
   • Conduct nationwide campaigns to educate citizens about online safety and fraud prevention.
   • Integrate cybersecurity into school and university curricula.
4. Adopt Advanced Technologies:
   • Encourage financial institutions and businesses to use fraud detection systems, encryption, and two-factor authentication.
   • Promote secure coding practices among software developers.
5. International Cooperation:
   Collaborate with global cybersecurity organisations and neighbouring countries to combat transnational cyber threats.

Conclusion

Bangladesh’s cybercrime laws reflect the nation’s recognition of the growing importance of securing the digital realm. While significant progress has been made through the ICT Act, 2006, and DSA, 2018, challenges persist, from enforcement limitations to public unawareness. To safeguard its digital economy and citizens, Bangladesh must prioritise legal reforms, resource allocation, and cybersecurity education.

The fight against cybercrime requires collective action—government initiatives, industry collaboration, and individual responsibility. By adopting a proactive and adaptive approach, Bangladesh can build a resilient digital ecosystem, ensuring trust and security in the online world.