Surveillance, Freedom of Expression, and Human Rights in the Digital Age: A Bangladesh Perspective

Abstract

This paper examines the tension between the state's security-driven cyber legislation and the protection of fundamental human rights within Bangladesh’s rapidly digitizing society. It specifically scrutinizes how legislative frameworks, such as the Digital Security Act 2018, often prioritize state-led surveillance agendas at the expense of investigative journalism and individual privacy. Through an analysis of legal frameworks and rights-based literature, this study argues that such mechanisms facilitate systemic abuses, including the erosion of digital assembly and unauthorized data monitoring. Furthermore, the centralization of executive power has increasingly marginalized civil society, creating a climate where digital oversight serves as a primary tool for silencing political dissent and restricting fundamental freedoms. This regulatory environment mirrors broader regional trends, where state-led digital infrastructure initiatives are increasingly utilized to embed a politics of fear and preemptively neutralize critical discourse. By weaponizing ambiguous legal frameworks like the Cyber Security Ordinance, the state effectively bypasses constitutional safeguards, transforming the digital landscape into a space characterized by self-censorship rather than public deliberation. This trajectory necessitates a re evaluation of the current legislative trajectory to ensure that the pursuit of national security does not permanently stifle the digital exercise of democratic rights. In particular, the enactment of the Cyber Security Act 2023 and the subsequent 2025 ordinance highlight a continued shift toward restrictive governance that complicates the realization of international human rights obligations within the nation’s evolving digital infrastructure.