A recent investigation under the interim government revealed that two government agencies, the National Telecommunication Monitoring Centre (NTMC) and the Bangladesh Telecommunication Regulatory Commission (BTRC), issued shutdown orders during student protests, under the direction of former state minister Zunaid Ahmed Palak, without any judicial or administrative approval. These top-down measures by the government to disconnect the internet is not new; the state has resorted to this brute force method of internet control on numerous occasions since 2009, with shutdowns occurring almost annually since 2015.
Constitutional principles demand that laws affecting individual freedoms be reasonably certain and predictable. Where discretionary powers are conferred upon state actors, they must be exercised within predefined limits and in a manner that is fair, reasonable, predictable, non-capricious, non-discriminatory, and non-arbitrary. It is clear that these principles were not adhered to by the former government or the agencies directing the shutdowns.
VIA The Daily Star
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