Published: 03 April 2022
According to the extended title of the draft regulation, the intention appears to be to regulate digital media, social media, and OTT platforms. On the other hand, clause 1(3) states that the draft regulation shall apply to internet-based service providers delivering content, a service, or an application provided to end-user over the public internet. We note that the draft regulation does not define the terms “internet-based service provider”, “service”, or “application”, making it difficult to ascertain the scope of the draft regulation’s application. Furthermore, there is no requirement for nexus with Bangladesh, suggesting that the draft regulation could potentially have a worldwide application. This ambiguous and overly broad application is strongly discouraged, as it will create uncertainty for non-resident service providers and result in unintended bycatch.
Recommendations:
BTRC should appropriately amend the draft regulation to
(i) limit its application to Bangladesh;
(ii) clearly define the terms “internet-based service provider”, “service”, or “application”
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