As the government has prepared the draft of the Bangladesh Telecommunication Act, 2024, under it, ministers and government officials can’t be sued for compensation for their misdemeanours prompting concerns from industry experts.
In section1 of the draft, it states, “If a person incurs any damage due to the actions taken because of the orders the minister or any concerned employee of the government, they can not be sued for compensation.”
Section 2 of the draft states that the government or the commission shall not be liable for any loss or potential loss resulting from any act or omission of the licensee.
“This is the preliminary draft of the law. Before finalising it, it is being discussed with the relevant stakeholders and public opinion is being sought. The Act aims to attract investment, create employment, create business opportunities and accelerate the practical aspects of modern technology,” said State Minister for Telecommunication and Information Technology Junaid Ahmed Palak.
The draft of the Telecommunications Act 2024 has been consulted with MTOB and the Internet Service Provider Association Of Bangladesh (ISPAB).
Bangladesh Telecommunication Act, 2001 was amended twice in 2006 and 2010.
Certain provisions in the draft might hinder foreign investments, said experts.
Telecommunication expert and journalist Rashed Mehdi said, “Such a section of the law will be a big obstacle to attracting foreign investment. Multinational companies that are now in the telecom sector may also withdraw investment. Abridgement of the right to legal remedy in court is a violation of the Constitution.”
Mobile Telecom Operators of Bangladesh (MTOB) Secretary General Lt Col (retd) Mohammad Zulfikar said, "We have observations and disagreements on several issues included in the draft Telecommunication Act, which we have already submitted to the government."
“We hope that the observations forwarded will be positively evaluated by the government and the issues will be properly reflected in the final promulgation of the law,” he added.
Penalty for disturbing over telephone
Another section of the draft states if any person without reasonable cause makes repeated telephone calls to any other person in such a manner that it annoys or causes inconvenience to the said other person, it shall be an offence and the guilty person will be finned Tk1 lakh and default of payment shall be punished with imprisonment not exceeding 6 months.
Tk5 crore fine for wiretapping
“If one or more persons intentionally wiretaps another person by using telecommunication equipment, then this act shall be an offence and shall be punishable with imprisonment not exceeding 2 years or with a fine not exceeding Tk5 crore or with both,” added the draft.
However, the provisions of the section shall not apply to any officer of an intelligence agency, investigative agency or law enforcement agency empowered by the government under section 76.
