The proposed amendment to the Cyber Protection Act, 2026, has drawn significant attention due to several vague and potentially restrictive provisions. A key concern is the introduction of section 26A, which criminalises the sharing of ‘unverified information’ online, punishable by up to 10 years in prison. Critics argue that the ambiguity of this term could allow for broad police interpretation, potentially hindering journalism and citizen reporting.
The incoherence of the maximum penalties prescribed in the new draft is also noticeable. The draft amendment prescribes ten years of punishment for both cyber-terrorism causing death or serious injury and the offence of sharing fake news online. This cannot be explained by any theory of proportionate punishment. A law that punishes the ‘offence’ of sharing unverified information as severely as an act of terrorism cannot be deemed to be concerned about preventing harm but about preventing speech.
Furthermore, the amendment proposes folding ‘defamation’ and ‘humiliation’ into section 25, which currently covers sexual harassment and related offences, while doubling penalties. The proposed changes to section 8 would also grant the Ministry of Information and other agencies the power to block online content without prior judicial approval. This shift removes the requirement for independent oversight, effectively allowing the state to act as both the enforcer and the adjudicator, which raises concerns regarding the principle of natural justice.
Historical context suggests that similar legislative frameworks, such as the Digital Security Act of 2018 and the subsequent Cyber Security Act of 2023, have been used to target journalists and political figures. Activists argue that the proposed amendment risks repeating these patterns by curtailing freedom of expression. The author suggests that the Parliament should withdraw the amendment to preserve the integrity of the current Act.
The writer is a civil and political activist and a researcher at Human Rights Support Society.
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