High Court Questions Legality of Cyber Protection Act Provision Dismissing Pending Online Harassment Cases
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The High Court has issued a rule questioning the legality of a provision in the Cyber Protection Act that mandates the indiscriminate dismissal of all pending cases related to online sexual harassment and violence against women. The bench, comprised of Justice Ahmed Sohel and Justice Fatema Anwar, directed the state to explain why Section 50(5) of the act should not be declared unconstitutional following a preliminary hearing on a writ petition filed this Sunday.
The controversy centers on the transition from the widely criticized Digital Security Act of 2018 to the Cyber Protection Act, which was formalized by the interim government earlier this year. While the new legislation aims to protect fundamental rights and freedom of expression, Section 50(5) dictates that all ongoing investigations and judicial proceedings under specific sections of the 2018 law—including those covering digital harassment, defamation, and intimidation—be summarily terminated. Furthermore, the provision renders any previous convictions or fines under those sections void.
বিজ্ঞাপন
The legal challenge was initiated by Rubaiya Manzur, a development worker who filed a case in 2020 at Barishal’s Kotwali Model Police Station alleging that she was harassed online by an individual using a false identity. Despite the seriousness of the allegations, a cyber tribunal in Barishal dismissed her case on November 30, 2025, citing the mandatory dismissal requirements introduced by the new ordinance.
Advocate Abdullah Al Noman, representing the petitioner, argued that while the law claims to uphold civil liberties, its blanket application inadvertently provides immunity to perpetrators of gender-based violence and online abuse. He contended that by forcing the dismissal of all cases filed under the specified sections of the defunct 2018 law, the state has effectively denied justice to victims of sexual harassment whose cases were still moving through the judicial system.
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The court has ordered the Secretary of Law, the Secretary of Home Affairs, and the Inspector General of Police to respond to the rule within four weeks. The petitioner’s legal team, which also includes advocates Monira Haque Moni and Shahla Sharafat Nijad, stated that they are seeking a judicial review to ensure that the legislative move to repeal the Digital Security Act does not compromise the protection of women against digital violence.
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