#KeepItOn: Bangladesh’s government must restore internet access, ensure connectivity during student protests

Honourable Asaduzzaman Khan, Minister of Home Affairs, and Honourable Zunaid Ahmed Palak, State Minister of Posts, Telecommunications and Information Technology

Cc: Honourable Md. Mohiuddin Ahmed, Chairman of Bangladesh Telecommunication Regulatory Commission

We, the undersigned organizations, and members of the #KeepItOn coalition — a global network of over 300 civil society organizations from 105 countries worldwide working to end internet shutdowns — appeal to you to publicly commit and ensure that the people in Bangladesh have unfettered access to the internet, social media platforms, and other communication channels, to respect people’s rights enshrined in Bangladesh’s Constitution and the country’s international commitments, during the ongoing student protests throughout the country.

Since early July 2024, student demonstrations across the country, demanding reform to the quota system that reserves more than 50 percent of civil service employment for quota holders, following a verdict of the High Court Division of the Supreme Court of Bangladesh, have been met with hostility and violence.

Amid these protests, people in Bangladesh are suffering a nationwide internet shutdown since the evening of July 18, 2024. Access to mobile internet was temporarily restricted across the country, and access to social media platforms was blocked in certain areas this past week. 

Since 2018, access to the internet has been throttled and social media and messaging applications blocked several times in Bangladesh, without either the government or telecommunication operators offering any explanation. For instance, in 2018, mobile internet was slowed down nationally during the protest over road safety. Between 2019 and 2023, multiple instances of internet disruptions have also been recorded in Bangladesh during protests and opposition rallies.

Disrupting access to the internet and mobile applications — whether by throttling internet bandwidth or imposing complete or partial shutdowns — is costly and harmful to communities and businesses, and violates fundamental freedoms of expression and access to information under Article 39(2) of the Constitution of Bangladesh. While shutdowns can never be justified as proportionate, we are concerned that internet shutdowns do not meet the legality criteria set out in Bangladesh’s Constitution, as the telecom regulator or other government agencies are not explicitly authorised under the Bangladesh Telecommunication Regulation Act, 2001 and other applicable laws to issue shutdown orders. Often, such measures are taken without judicial orders or clear, properly reasoned, and publicly available explanations that satisfy the constitutional grounds of the restriction, making this practice unlawful and obfuscating people’s ability to seek legal remedy. Specifically, this fundamental right extends to protests against government policies, as recognized by the Supreme Court of Bangladesh in several landmark decisions, including State v. Manabjamin 57 DLR (2005) 359, Md. Riaz Uddin Khan v. Mahmudur Rahman 2011 (19) BLT (AD) 54, and Abul Kalam Azad v. David Bergman 5 CLR (2017) (HCD). 

Bangladesh acceded to the International Covenant on Civil and Political Rights (ICCPR) in 2000. Under Article 19 of the international treaty, the country has an obligation to safeguard people’s rights to form and express opinions freely through any media of their choice. This fundamental freedom also enables political engagement through freedoms of assembly, association, and participation in public affairs and elections under Articles 21, 22, and 25 of the ICCPR. Moreover, the international community also widely condemns shutdowns, as indicated by United Nations Human Rights Council Resolution 47/16, which calls upon national governments to ensure “all domestic laws, policies, and practices are consistent with their international human rights obligations with regard to freedom of opinion and expression, and of association and peaceful assembly, online.” 

Internet shutdowns are a disproportionate measure and ineffective at quelling violence, and are likely to have the opposite effect, as they reduce people’s agency to counteract misinformation. People continue to receive information over other mediums, and shutdowns disallow debunking false information by verified sources that can reach more people.

The authorities’ response to the current student movement must follow a balanced, non-violent, and rights-respecting approach that enables the free flow of information. Cutting down access to vital information and communication platforms has wider short- and long-term implications. We, therefore, appeal to the Government of Bangladesh to keep the internet and associated communication services uninterrupted during the current and future protests. Specifically, we ask that:

• the government and its agencies commit to the unrestricted access and use of the internet and associated services;
• in the event of disruption of access, the government and its agencies ensure full transparency and accountability, including through properly reasoned explanation in writing, in a timely manner that enables the people in Bangladesh to seek effective remedy; and
• in the event of disruption of access, the telecommunication and internet service providers, and other impacted platforms, provide full transparency, prior notification and properly reasoned explanation to their users.

Government agencies have a duty to ensure that people can access open, secure, and unrestricted internet when they need it the most. We urge authorities in Bangladesh to #KeepItOn during the ongoing student protests.

We are available to you and your office to discuss this matter further and provide support in navigating away from internet shutdowns toward more rights-respecting alternatives.

Signatories