Bangladesh Recording Laws: All-Party Consent Rules and Penalties (2026)

Overview of Bangladesh's Recording Consent Framework

Bangladesh operates under an all-party consent standard for recording conversations and phone calls. Every person involved in a conversation must be aware of and agree to the recording before it begins. Recording without universal consent is a criminal offense under multiple statutes.

This framework draws its authority from three primary legal sources. The Bangladesh Constitution establishes the fundamental right to privacy of communication. The Telecommunication Act 2001 criminalizes unauthorized interception of telephone conversations. The Cyber Safety Ordinance 2025 and related digital legislation address electronic communications, data collection, and cybercrime.

Bangladesh does not have a single comprehensive recording statute that consolidates all rules in one place. Instead, the all-party consent requirement emerges from the combined operation of constitutional protections, telecommunications law, information technology legislation, and evolving data protection regulations.

For individuals, businesses, journalists, and legal professionals operating in Bangladesh, the practical rule is straightforward: obtain clear consent from every party before you record any conversation, whether in person, by phone, or through digital communication platforms.

Constitutional Foundation: Article 43

The right to privacy of communication in Bangladesh begins with the Constitution. Article 43 of the Constitution of the People's Republic of Bangladesh provides the foundational protection.

Text and Scope of Article 43

Article 43 states that every citizen shall have the right, subject to any reasonable restrictions imposed by law in the interests of the security of the State, public order, public morality, or public health:

• To be secured in his home against entry, search, and seizure
• To the privacy of his correspondence and other means of communication

This article falls within Part III of the Constitution, which contains the Fundamental Rights protected under Article 26. Because Article 43 is a fundamental right, any law that violates it can be challenged in the High Court Division of the Supreme Court of Bangladesh.

Judicial Interpretation

Bangladesh's courts have interpreted Article 43 broadly. In the case of State and ors v. Oli and ors, the Supreme Court established that Article 43 protects the privacy of phone calls. The Court held that obtaining phone call records or recordings without due process constitutes a constitutional violation.

The phrase "other means of communication" in Article 43 has been interpreted to cover modern communication technologies. Legal scholars and courts recognize that this protection extends to emails, text messages, social media messages, and voice or video calls conducted through digital platforms.

Permitted Restrictions

Article 43 is not absolute. The Constitution permits reasonable restrictions imposed by law in four specific circumstances:

• Security of the State
• Public order
• Public morality
• Public health

These exceptions provide the constitutional basis for government surveillance powers granted under the Telecommunication Act 2001 and subsequent legislation. Any restriction must be enacted through formal law and must meet the standard of reasonableness.

The Telecommunication Act 2001: Core Recording Prohibition

The Bangladesh Telecommunication Act 2001 (Act No. XVIII of 2001) is the primary statute governing the interception and recording of telephone communications. Section 71 of this Act contains the central criminal prohibition against unauthorized recording.

Section 71: Eavesdropping Offense

Section 71 states that if a person intentionally intercepts the telephone conversations of two other persons, the act of that person shall be an offense. The provision targets the unauthorized capture of communications between parties who have not consented to being recorded.

The penalties under Section 71 are significant:

• Imprisonment for a term not exceeding 2 years
• Fine not exceeding 5 crore taka (approximately USD 425,000)
• Or both imprisonment and fine

These penalties apply to any individual who records, intercepts, or eavesdrops on telephone conversations without authorization from all parties involved.

2007 Amendment: Government Agency Exemptions

Section 71 was amended in 2007 to add a proviso exempting certain government agencies from the eavesdropping prohibition. Under this amendment, the following entities are excluded from Section 71 restrictions when authorized by the government:

• Government intelligence agencies
• Law enforcement agencies
• National security agencies
• Investigation agencies

This exemption operates in conjunction with Section 97 of the same Act, which provides the broader framework for government interception powers.

Section 97: Government Surveillance Authority

Section 97(Ka) of the Bangladesh Telecommunication Regulatory Act grants the government authority to empower specified agencies to conduct surveillance on grounds of national security and public order. Under this provision, authorized agencies may:

• Suspend or prohibit the transmission of any data or voice call
• Record or collect user information relating to any telecommunications subscriber
• Monitor communications for purposes related to state security

The agencies eligible for this authority include intelligence agencies, national security agencies, investigation agencies, and officers of law enforcement agencies. The power is broad, covering both voice communications and data transmissions.

ICT Act 2006: Digital Communication Privacy

The Information and Communication Technology (ICT) Act of 2006 extended privacy protections into the digital communication sphere. While portions of this Act have been superseded by newer legislation, certain provisions remain relevant to understanding Bangladesh's recording law framework.

Section 63: Confidentiality of Correspondence

Section 63 of the ICT Act 2006 protects the confidentiality and privacy of personal information. The section makes it illegal to disclose to another person any correspondence, information, or any other material without the consent of the person concerned.

This provision applies broadly to all forms of electronic communication and personal information. It reinforces the all-party consent standard by criminalizing not only the recording itself but also the subsequent disclosure of recorded material.

The penalty for violating Section 63 is:

• Imprisonment for a term which may extend to 2 years
• Fine which may extend to 2 lakh taka (approximately USD 1,700)
• Or both imprisonment and fine

From Digital Security Act to Cyber Safety Ordinance

Bangladesh's digital privacy and cybercrime legislation has undergone significant evolution in recent years. Understanding this legislative progression is important for anyone navigating the country's recording laws.

Digital Security Act 2018

The Digital Security Act (DSA) 2018 was Bangladesh's first comprehensive attempt at digital crime legislation. Section 26 of the DSA made it illegal to collect, use, possess, or provide identity information of another person without consent. "Identity information" was defined broadly to include biometric data, personal identifiers, and communication records.

The penalty under Section 26 of the DSA was imprisonment for up to 5 years, a fine of up to 5 lakh taka, or both. For repeat offenses, the penalty increased to 7 years imprisonment and a fine of up to 10 lakh taka.

The DSA was widely criticized by civil society organizations, international human rights groups, and press freedom advocates for enabling government overreach and suppression of dissent.

Cyber Security Act 2023

In September 2023, Bangladesh's parliament passed the Cyber Security Act (CSA) to replace the DSA. The CSA retained many of the DSA's provisions, including Section 26 on unauthorized identity information collection, though with reduced penalties. Under the CSA, violation of Section 26 carried imprisonment of up to 2 years, a fine of up to 5 lakh taka, or both.

The CSA also granted authorities significant surveillance powers under Section 42, including the ability to conduct raids, searches, and arrests based on suspicion of cybercrime. Officers of the rank of police inspector were empowered to search and arrest without a warrant in certain circumstances.

Cyber Safety Ordinance 2025

In May 2025, the interim government repealed the Cyber Security Act 2023 and replaced it with the Cyber Safety Ordinance 2025. This was a significant legislative shift that removed nine contentious sections from the previous law.

Section 26 on unauthorized identity information collection was among the provisions removed under the new ordinance. All pending cases filed under the removed sections were automatically dismissed.

The Cyber Safety Ordinance 2025 introduced several new provisions:

• Online abuse and sexual harassment of women and children became recognized punishable offenses
• Crimes committed using artificial intelligence became punishable
• A cyber security council was established with oversight requirements
• Content removal by authorities now requires subsequent court approval

Despite these changes, the core recording and interception prohibitions under the Telecommunication Act 2001 and the ICT Act 2006 remain in full effect.

Telecommunication Amendment Ordinance 2025

In December 2025, the Bangladesh government approved the Telecommunication (Amendment) Ordinance 2025, introducing major reforms to the surveillance and interception framework.

Lawful Interception Framework

The amendment defines the scope and conditions of lawful interception, limiting it to specific purposes:

• National security
• Law enforcement
• Emergency life-saving operations
• Judicial or investigative purposes
• Cross-border matters

All lawful interception now requires strict adherence to due legal process.

New Oversight Mechanisms

The ordinance established the Centre for Information Support (CIS) under the Ministry of Home Affairs to replace the National Telecommunications Monitoring Centre (NTMC), which was abolished. The CIS provides technical assistance for lawful interception only and does not conduct surveillance itself.

A quasi-judicial council must approve any lawful interception request. The Parliamentary Standing Committee is required to publish an annual national report detailing the scope, grounds, and frequency of interceptions.

Enhanced Penalties for Unauthorized Interception

Under the amended framework, unauthorized interception or misuse of intercepted data carries penalties of:

• Imprisonment of up to 5 years
• Fine of up to 1 crore taka (approximately USD 85,000)
• Or both imprisonment and fine

Misuse of SIM or device registration data to surveil or harass individuals is now specifically punishable under the revised Section 71.

Human Rights Concerns

International rights organizations, including ARTICLE 19, have raised concerns about certain provisions in the amendment. Critics note that the ordinance authorizes interception based on broad justifications such as "national unity" or "public safety" without requiring judicial authorization. These provisions potentially conflict with Article 43 constitutional protections and Bangladesh's obligations under international human rights law.

Recording Phone Calls in Bangladesh

Phone call recording in Bangladesh is governed primarily by Section 71 of the Telecommunication Act 2001 and the constitutional protections of Article 43.

Private Individuals

Private individuals in Bangladesh may not record a phone call without the consent of all parties to the conversation. Even if you are a participant in the call, recording it without the other party's knowledge and agreement violates the all-party consent requirement.

This applies to:

• Landline telephone calls
• Mobile phone calls
• Voice over Internet Protocol (VoIP) calls
• Calls made through messaging applications such as WhatsApp, Viber, or Messenger

Telecom Service Providers

Telecommunication service providers in Bangladesh are regulated by the Bangladesh Telecommunication Regulatory Commission (BTRC). Service providers may retain call data records for regulatory and billing purposes, but recording the content of calls requires legal authorization.

Under the Telecommunication Amendment Ordinance 2025, service providers may be required to install monitoring equipment and provide technical assistance to authorized government agencies conducting lawful interception.

Recording In-Person Conversations

In-person conversation recording in Bangladesh falls under the broader privacy protections of Article 43 of the Constitution and Section 63 of the ICT Act 2006.

Private Settings

Recording a conversation in a private setting without the consent of all participants is illegal. This includes conversations in homes, offices, meeting rooms, and any other location where participants have a reasonable expectation of privacy.

The all-party consent requirement means that hidden recording devices, concealed microphones, or covert use of smartphone recording applications in private conversations are all prohibited.

Public Spaces

Bangladesh's recording laws regarding public spaces are less clearly defined. The Constitution and existing statutes do not draw a bright line between public and private recording in the way some other jurisdictions do.

In general, recording in public spaces where there is no reasonable expectation of privacy carries lower legal risk. However, targeted recording of specific individuals in public without their consent, particularly recording that captures private conversations, may still violate privacy protections.

The Daily Star, a leading Bangladeshi newspaper, has reported on the legal implications of targeted recording of women in public places, noting that such conduct may fall under existing harassment and privacy laws.

Workplace Recording and Employee Monitoring

Bangladesh does not have a dedicated workplace surveillance statute. Workplace recording is governed by the general privacy framework, labor law, and emerging data protection regulations.

Employer Obligations

Employers in Bangladesh must balance legitimate business interests with employee privacy rights. The Bangladesh Labour Act 2006, while not specifically addressing electronic surveillance, contains provisions that indirectly affect workplace monitoring practices.

Key principles for workplace recording include:

• Transparency: Employers should inform employees about any monitoring or recording practices in the workplace
• Proportionality: Monitoring should be proportionate to the legitimate business purpose
• Consent: The all-party consent requirement applies to recording workplace conversations
• Minimization: Recording and data collection should be limited to what is necessary

CCTV and Video Surveillance

Video surveillance in workplaces (CCTV cameras) operates in a legal gray area. While there is no specific statute regulating workplace CCTV use, the constitutional right to privacy under Article 43 and general privacy principles apply. Employers who install video surveillance should notify employees and avoid placing cameras in areas where employees have a heightened expectation of privacy, such as restrooms and changing areas.

Personal Data Protection Ordinance 2025

The Personal Data Protection Ordinance 2025, approved by the government in November 2025, introduces comprehensive data protection rules that affect workplace monitoring. Key provisions include:

• Every citizen is recognized as the rightful owner of their personal data
• Explicit consent is mandatory before collecting, storing, transferring, or using personal data
• Data is classified into four categories: public/open, internal, confidential, and restricted
• Confidential and restricted personal data must be stored within Bangladesh
• Citizens have the right to access, correct, delete, and restrict automated decisions made using their data

This ordinance strengthens employee rights regarding workplace surveillance and data collection. Organizations must implement compliance measures within 18 months of the gazette notification.

Admissibility of Recordings in Court

The admissibility of recordings as evidence in Bangladesh courts has evolved significantly with legislative amendments and judicial interpretation.

Evidence Act 1872 and Section 65B

The Evidence Act 1872, Bangladesh's primary evidentiary statute, was amended to include Section 65B, which addresses the admissibility of digital records. Under Section 65B, any information contained in a digital record that is printed, stored, recorded, or copied by a computer shall be deemed a document and shall be admissible in any proceeding, provided certain conditions are met.

The conditions for admissibility under Section 65B include:

• The digital record was produced by a computer that was regularly used for the relevant activities
• The information was regularly supplied to the computer in the ordinary course of activities
• The computer was operating properly during the relevant period
• The information reproduces or is derived from information supplied to the computer

Judicial Precedent

Bangladesh courts have accepted recordings as evidence in several notable cases. In the landmark case of Mrs. Khaleda Akter v. State, the court accepted that audio and video recordings on magnetic tapes fall within the definition of "document" under the Evidence Act and are admissible as evidence.

However, recordings obtained in violation of the all-party consent requirement face challenges. The Supreme Court's ruling in State and ors v. Oli and ors established that phone recordings obtained without due process constitute a constitutional violation, which may affect their admissibility.

Practical Implications

The admissibility of a recording in Bangladesh courts depends on two factors:

1. Legality of collection: Was the recording obtained with proper consent or legal authorization?
2. Technical reliability: Does the recording meet the conditions of Section 65B of the Evidence Act?

Recordings made with the consent of all parties are generally admissible, provided they meet technical reliability standards. Recordings made without consent may be challenged on constitutional grounds, and courts have discretion in determining whether to admit them.

Penalties Summary

Bangladesh imposes criminal penalties for unauthorized recording and interception across multiple statutes:

Offense	Statute	Maximum Prison Term	Maximum Fine
Intercepting telephone conversations	Telecommunication Act 2001, s. 71	2 years	5 crore taka (~USD 425,000)
Disclosing private correspondence without consent	ICT Act 2006, s. 63	2 years	2 lakh taka (~USD 1,700)
Unauthorized interception under new framework	Telecom Amendment Ordinance 2025	5 years	1 crore taka (~USD 85,000)
Hacking (unauthorized access to systems)	Cyber Safety Ordinance 2025	14 years	1 crore taka (~USD 85,000)

These penalties reflect the seriousness with which Bangladesh treats unauthorized recording and surveillance. The Telecommunication Amendment Ordinance 2025 significantly increased the penalties for unauthorized interception compared to the original 2001 Act provisions.

Business Compliance Guidelines

Businesses operating in Bangladesh should implement the following compliance measures to align with the country's recording laws:

Call Recording for Customer Service

Businesses that record customer service calls must obtain explicit consent from callers before the recording begins. A clear notification at the start of the call, stating that the conversation will be recorded and obtaining verbal or electronic consent, is the minimum standard.

Data Retention and Storage

Under the Personal Data Protection Ordinance 2025, businesses must classify recorded data appropriately and store confidential or restricted data within Bangladesh. Data retention policies should specify how long recordings are kept and the process for secure deletion.

Employee Training

Organizations should train employees who handle recorded communications on:

• The all-party consent requirement
• Proper procedures for obtaining and documenting consent
• Secure handling and storage of recorded materials
• Penalties for unauthorized recording or disclosure

Cross-Border Considerations

Multinational companies operating in Bangladesh should be aware that transferring recorded communications outside Bangladesh may be subject to restrictions under the Personal Data Protection Ordinance 2025. Internal and confidential data may be transferred abroad only with data subject consent or for contractual purposes, and only to countries with appropriate data protection standards.