Proposed Gambling Law Sparks Rights Concerns Over Warrantless Search and Surveillance Powers
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Proposed legislation aimed at curbing the proliferation of online and offline gambling in Bangladesh has triggered significant concern among rights groups and technology experts over the potential for unchecked state surveillance and the erosion of individual privacy. The draft “Betting and Gambling Prevention Act, 2026” seeks to replace colonial-era regulations—specifically the Public Gambling Act of 1867—which authorities argue are inadequate to address modern threats such as sports betting, cryptocurrency-based transactions, and digital financial fraud.
Under Section 39 of the proposed bill, law enforcement agencies, including the police, Rapid Action Battalion (RAB), Criminal Investigation Department (CID), and various intelligence branches, would be granted the authority to conduct searches, seize assets, and execute arrests without a court warrant, provided they hold a “reasonable belief” that an offense is occurring. This sweeping mandate extends to the seizure of digital infrastructure, including servers, domain records, mobile devices, SIM cards, and cryptocurrency wallets.
Transparency International Bangladesh (TIB) has been among the most vocal critics of the draft. Executive Director Iftekharuzzaman warned that while the intent to curb gambling is necessary, the legislation lacks essential safeguards and accountability mechanisms. He cautioned that basing such invasive powers solely on an officer’s “reasonable belief” risks creating a surveillance-heavy state architecture prone to the systematic abuse of power and the violation of fundamental rights.
The draft also proposes the implementation of advanced surveillance technologies, including Artificial Intelligence-based monitoring, Deep Packet Inspection (DPI), and transaction monitoring systems. BM Mainul Hossain, director of the Institute of Information Technology at the University of Dhaka, questioned the lack of oversight inherent in these provisions. He noted that while the state is tasked with monitoring, there are no established mechanisms to hold the state accountable for the misuse of such intrusive tools, leaving citizens without protections against unauthorized data exploitation.
Further complicating the legal landscape is the proposal for a “National Digital Blacklist” under Section 43. The list would consolidate sensitive citizen data, including national identification numbers, mobile banking details, and IP addresses. However, critics point out that the draft lacks clear guidelines on the criteria for inclusion, the duration of retention, or the process for challenging erroneous listings. Additionally, the mandate for linking national IDs with SIM cards and mobile financial services, supported by facial recognition technology, has raised significant alarms regarding data security and the potential for conflict with existing cyber and personal data protection laws.
The proposed penalties under the bill are severe. Online gambling or betting offenses could carry up to seven years in prison and fines of 50 million taka. These penalties increase to a maximum of 10 years imprisonment and 100 million taka for operations involving international networks or foreign servers. The harshest penalty—up to 12 years in prison and 100 million taka in fines—is reserved for the laundering of gambling proceeds through cryptocurrency.
Human Rights Forum Bangladesh (HRFB) and digital rights advocates argue that the legislation must be thoroughly reviewed and amended to prevent the infringement of constitutional rights. Meraj Ahmed Chowdhury, Managing Director of Digitally Right, noted that the bill’s broad investigative powers appear inconsistent with existing data protection frameworks, potentially creating legal ambiguity. In response to these concerns, a spokesperson for the Ministry of Home Affairs stated that the bill remains in the draft stage and will undergo further consultation with stakeholders before reaching its final form.
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