Bangladesh Recording Laws: Consent Rules and Penalties (2026)

Quick Answer: Do You Need Everyone's Consent to Record in Bangladesh?

No statute in Bangladesh requires you to get the other person's consent before you record a conversation you are taking part in. That puts Bangladesh closer to the one-party model than the all-party model.

The main criminal offense is aimed at eavesdroppers. Section 71 of the Telecommunication Act 2001 punishes someone who, using telecommunication apparatus, intentionally listens in on the conversation of two or more other people. It does not describe a participant recording their own call.

That is not the end of the analysis. Three other rules do most of the practical work:

• Data protection. A business, employer or other organization that records people is processing personal data and needs consent or another lawful basis under the Personal Data Protection Act 2026.
• Publishing. Sending or publishing a recording to blackmail, sexually harass or extort someone is a crime under the Cyber Security Act 2026.
• Privacy. Article 43 of the Constitution protects the privacy of correspondence and other means of communication.

We found no reported decision from a Bangladeshi court on an official source that addresses whether a participant may secretly record a conversation. Treat the position above as the reading of the statutes, not a settled court rule.

For a comparison with other countries, see our guide to world recording laws.

The Laws That Apply in 2026

Bangladesh rebuilt its digital laws in 2025 and 2026. The interim government first issued ordinances. Parliament then re-enacted them as Acts dated April 10, 2026, and those Acts are what apply now:

• Telecommunication (Amendment) Act 2026 (Act No. 51 of 2026). It rewrote section 71, section 97(2) and sections 97A and 97B of the Telecommunication Act 2001 and is deemed in force from February 5, 2026. It re-enacted the Telecommunication Regulation (Amendment) Ordinance 2026 (Ordinance No. 25 of 2026) of February 5, 2026.
• Cyber Security Act 2026 (Act No. 81 of 2026). It repealed and re-enacted the Cyber Security Ordinance 2025 and is deemed in force from May 21, 2025. The Cyber Security (Amendment) Act 2026 (Act No. 99 of 2026, July 1, 2026) later deleted its section 20.
• Personal Data Protection Act 2026 (Act No. 63 of 2026). It repealed the Personal Data Protection Ordinance 2025 and its 2026 amending ordinance. Most of it is deemed in force from November 6, 2025.

Older laws still matter too: Article 43 of the Constitution, the Penal Code 1860, the Evidence Act 1872, the ICT Act 2006 and the Pornography Control Act 2012.

Constitutional Foundation: Article 43

Article 43 of the Constitution of the People's Republic of Bangladesh sits in Part III, the chapter on fundamental rights.

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

What Article 43 Does and Does Not Do

Article 43 protects privacy against intrusion, and any restriction must be imposed by law on one of the four listed grounds. It is the constitutional backdrop for the limits on government interception in the Telecommunication Act.

It is not a recording statute. It does not say that a participant needs consent to record a conversation, and we found no official court decision applying it that way.

Permitted Restrictions

Article 43 is not absolute. It allows reasonable restrictions imposed by law in the interests of:

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

Section 97A of the Telecommunication Act, the government interception power, rests on state security, public order and the prevention of serious crime.

The Telecommunication Act 2001: The Eavesdropping Offense

The Bangladesh Telecommunication Act 2001 (Act No. XVIII of 2001) holds the country's main interception offense. The 2026 amendment also dropped the word "Regulation" from the Act's short title.

Section 71 as Substituted in 2026

Section 71(1) makes it an offense for a person, in breach of the Act, to intentionally eavesdrop, using telecommunication apparatus, on the conversation of two or more other persons. The penalty is:

• Imprisonment of up to 2 years
• A fine of up to 1.5 crore taka
• Or both

Section 71(2) adds a separate offense: surveilling or harassing citizens through data linked to SIM and device registration. It carries the same penalty.

The new section 71 was substituted by section 52 of the Telecommunication (Amendment) Act 2026 and is deemed in force from February 5, 2026.

Why the Wording Matters

The offense turns on the conversation of other persons. The original authentic English text of the 2001 Act used similar words: an offense is committed by a person who "intentionally listens to a telephone conversation between two other persons." That original version carried up to 6 months in prison or a fine of up to 50,000 taka.

A participant who records their own call is not listening in on two other people. So section 71 does not, on its words, reach that recording. A third party who taps a line, plants an app on someone's phone or uses a device to pick up a call between others is the target.

Section 70(3): Imitating Someone's Voice or Image With AI

The 2026 amendment also added section 70(3). Without reasonable cause, copying or using another person's voice, image or other identifying, sensitive or biometric data through artificial intelligence to harm someone is an offense.

It takes the penalty in section 70(1): a fine of up to 1 lakh taka, with up to 6 months in prison if the fine is not paid.

Government Interception: Section 97A

Section 97A, substituted in 2026, is now the only route for lawful interception. It applies notwithstanding anything in the Telecommunication Act or any other law. Its main features:

• Purposes. Interception may be approved only for state security, public order or the prevention of serious crime, and only after ensuring necessity, proportionality and legality.
• Approval. No interception may take effect without prior approval from a court or, as the case may be, an authority constituted by the government. In an emergency, the approved authority may give temporary approval.
• Support agency. The government must designate a central lawful-interception support agency to provide technical assistance.
• Providers. Telecom service providers must assist once they receive a valid direction from the approved authority.
• Safeguards. The period, scope and purpose must be specific, interception is allowed only where the information cannot be collected by any other method, full logs and audit trails must be kept, and data must be destroyed once the set period ends unless pending proceedings need it.
• Oversight. The government must form an independent review council or committee to review the legality, necessity and accountability of interception at regular intervals.
• Exclusivity. No person or agency may carry out interception except under section 97A.

For sections 97A and 97B, "government" means the Ministry of Home Affairs.

Internet Shutdown Ban

Section 97(2), also substituted in 2026, says that notwithstanding anything in any law, telecommunication connections, related services and the internet may under no circumstances be intentionally or maliciously shut down, obstructed or restricted.

Recording Phone Calls in Bangladesh

Private Individuals

If you are on the call, no statute requires you to tell the other person or get their consent before you record it for your own use. Section 71 targets eavesdropping on other people's conversations, and the Personal Data Protection Act 2026 exempts personal, recreational and household use from its consent requirement.

What you do with the recording afterwards is a different question. Publishing it to blackmail or harass someone is an offense under the Cyber Security Act 2026, covered below.

Listening in on, or recording, a call between other people is where the criminal risk sits. That applies whatever the technology:

• Landline and mobile calls
• Voice over Internet Protocol (VoIP) calls
• Calls through apps such as WhatsApp, Viber or Messenger

Businesses and Organizations

A business that records customer calls is processing personal data, so the Personal Data Protection Act 2026 applies. Consent under section 5 must be voluntary, specific, clear and withdrawable. The caller must be told the purpose, how long the recording will be kept, any transfer, and how to withdraw consent.

Without consent, the business needs one of the other lawful bases in section 5(3), such as performing a contract with the caller. The business also bears the burden of proving that valid consent was given (section 5(4)).

A clear announcement at the start of the call, naming the purpose and retention period, is the practical way to meet these rules.

Recording In-Person Conversations

No Bangladeshi statute specifically regulates recording an in-person conversation. Section 71 turns on using telecommunication apparatus to eavesdrop on other people's conversation, so it is mainly aimed at calls and other telecom traffic.

Conversations You Take Part In

Recording a meeting or conversation you are part of is not, by itself, an offense under any statute we found. Organizations that record meetings still need a lawful basis under the Personal Data Protection Act 2026.

Conversations Between Other People

Capturing a conversation you are not part of carries more risk. If it is done with telecommunication apparatus, such as a phone app or a networked device, it can fall under section 71.

Hidden recording of intimate acts is a serious crime under the Pornography Control Act 2012, whether or not the person knew they were being filmed. Section 509 of the Penal Code also punishes intruding on a woman's privacy with intent to insult her modesty.

Public Spaces

The statutes do not draw a public/private line for recording. Filming in a public place is generally lower risk. Using footage to blackmail or harass someone can still be an offense under section 25 of the Cyber Security Act 2026.

Recording Police and Public Officials

We found no statute that expressly authorizes or prohibits recording police officers or public officials doing their public duties. No participant-consent rule applies.

The risk sits mostly in what you do next. Sharing a recording could invite prosecution under the Cyber Security Act 2026 if the authorities treat the publication as, for example, blackmail, harassment or hate content. Journalism and publication in the public interest are on the list of consent exemptions in section 24 of the Personal Data Protection Act 2026, but that exemption does not switch off the criminal law.

Personal Data Protection Act 2026

The Personal Data Protection Act 2026 (Act No. 63 of 2026) is Bangladesh's comprehensive data protection law. It repealed the Personal Data Protection Ordinance 2025 (Ordinance No. 61 of 2025) and the Personal Data Protection (Amendment) Ordinance 2026. Anything done under those ordinances is treated as done under the Act.

Recordings Are Personal Data

The Act defines personal data as information relating to an identifiable person. Its definition of biometric data expressly lists facial images and voiceprints. A recording of an identifiable person's voice or face is therefore personal data.

Consent and Other Lawful Bases (Section 5)

Consent is the default basis for processing. It must be voluntary, specific, clear and withdrawable, and the person must be told the purpose, retention period, any transfer and how to withdraw.

Section 5(3) allows processing without consent on listed grounds, subject to proportionality and purpose limits. They include:

• Performing a contract with the person, or steps they request before a contract
• Establishing a legal right or defending a legal claim
• Protecting life or health in an emergency
• Carrying out legal rights in employment, labour or social protection
• Information the person has voluntarily made public

Consent Exemptions (Section 24)

Section 24(1) lists situations where consent is not required. They include national security and public order, crime prevention and investigation, complying with a court order, personal, recreational or household use, and publication, journalism, archiving, art or literature in the public interest.

Section 24(2) adds that these exemptions remove only the consent requirement. The Act's other rules on processing, storage and disclosure still apply.

Rights of the Person Recorded

The Act gives people rights over their data, including access and portability, correction and updating, withdrawing consent and objecting to processing.

Timing and Enforcement

Most of the Act is deemed in force from November 6, 2025. Two parts are deferred: section 23 (the Chief Data Officer) and sections 31 to 35 (complaints, administrative fines and compensation). Those start on a date the government sets by gazette notification once 18 months have passed after the Act was issued. The Act is dated April 10, 2026.

When the fines provisions start, section 32 allows administrative fines of up to 25 lakh taka for breaching a person's rights, and up to 50 lakh taka for a significant data fiduciary.

The regulator is the National Data Management Authority, established under section 8 of the National Data Management Act 2026.

Sending Recordings Abroad (Section 29)

Section 29 lets the government classify personal data into four tiers: public, internal, confidential and restricted. Classified personal data may be transferred abroad with the person's consent, under a contract the person is party to, or with their consent for related business, education, emigration or immigration matters.

Transfers may go only to places or countries that regulations identify as having suitable technology and equipment for storing the data. Check whether those regulations have been issued before moving call recordings to overseas servers.

Workplace Recording and Employee Monitoring

Bangladesh has no dedicated workplace surveillance statute that we found. Employer recording is governed mainly by the Personal Data Protection Act 2026.

Employer Obligations

• Lawful basis. Employers need employee consent or another basis in section 5(3), such as carrying out legal rights in employment.
• Transparency. Tell staff what is recorded, why, how long it is kept and how to withdraw consent.
• Proportionality. Section 5(3) processing must stay proportionate and limited to its purpose.
• Employee rights. Staff can ask for access to and correction of their data, and can object to processing.

CCTV and Video Surveillance

No specific CCTV statute applies. Video of identifiable staff is personal data under the Act. As a matter of good practice, notify employees and keep cameras out of places such as restrooms and changing areas.

Sharing, Publishing and Deepfakes: The Cyber Security Act 2026

The Cyber Security Act 2026 (Act No. 81 of 2026) is the main law on what happens after a recording is made.

Section 25: Blackmail, Sexual Harassment and Intimate Content

Section 25(1) makes it an offense to intentionally or knowingly send, publish or broadcast, or threaten to send, publish or broadcast, harmful or intimidating information through a website or other digital or electronic means, with intent to commit:

• Blackmail
• Sexual harassment or revenge pornography
• Digital child sexual abuse material
• Sextortion

The content covered includes video, audio-visual material, still images and graphics, whether captured, edited, or created or edited by artificial intelligence. The Act defines blackmail as using a threat to reveal someone's confidential information, or to harm them, to force them into giving an unlawful benefit or service.

Penalties

• Up to 2 years in prison, a fine of up to 10 lakh taka, or both (section 25(2))
• If the victim is a woman or a child under 18: up to 5 years, a fine of up to 20 lakh taka, or both (section 25(3))

Under section 46, section 25 offenses are cognizable, bailable, and compoundable with the court's permission.

Deepfakes

Section 25 expressly covers AI-generated and AI-edited content. A deepfake built from someone's voice or image and used for blackmail, sexual harassment or sextortion falls within it.

Depending on the facts, a deepfake can also engage:

• Section 70(3) of the Telecommunication Act 2001 (AI imitation of a person's voice or image to cause harm)
• The Pornography Control Act 2012 (intimate or pornographic content)
• The Personal Data Protection Act 2026 (processing a person's image or voice without consent or another lawful basis)

Pornography Control Act 2012

Section 8(1) of the Pornography Control Act 2012 (Act No. 9 of 2012) punishes luring a person into taking part in pornography and capturing still images, video or film of them, with or without their knowledge: up to 7 years' rigorous imprisonment and a fine of up to 2 lakh taka.

Section 8(2) punishes using pornography, including material captured with or without the person's knowledge, to damage their dignity, extort money or other benefits, or cause them mental torture: up to 5 years' rigorous imprisonment and a fine of up to 2 lakh taka.

Other Laws That Can Apply

ICT Act 2006, Section 63

The Information and Communication Technology Act 2006 (Act No. 39 of 2006) governs electronic records and signatures. Its old offense sections 54 to 57 have been deleted, but section 63 remains in force.

Section 63 applies to a person who obtains access to an electronic record, register, correspondence, information or document under a power given by the ICT Act or its rules. If that person discloses the material to someone else without the consent of the person concerned, it is an offense punishable by up to 2 years in prison, a fine of up to 2 lakh taka, or both.

It is a confidentiality duty for people given access under the Act. It is not a general ban on sharing private recordings.

Penal Code 1860: Criminal Breach of Trust

Sections 405 to 409 of the Penal Code 1860 deal with criminal breach of trust over entrusted property. Section 409 covers breach by a public servant, banker, merchant, factor, broker, attorney or agent: imprisonment for life, or up to 10 years, plus a fine.

The text is about entrusted property, and we found no reported decision applying it to recordings.

Penal Code 1860, Section 509

Section 509 punishes words, sounds, gestures or objects intended to insult the modesty of a woman, or intruding on her privacy with that intent. The penalty is simple imprisonment of up to one year, a fine, or both.

From the Digital Security Act 2018 to the Cyber Security Act 2026

Digital Security Act 2018

Section 26 of the Digital Security Act 2018 made it an offense to collect, sell, possess, supply or use another person's identity information without lawful authority. The penalty was up to 5 years and 5 lakh taka, rising to 7 years and 10 lakh taka for a repeat offense.

Cyber Security Act 2023

The Cyber Security Act 2023 replaced the DSA. It kept the identity-information offense in section 26 but cut the prison term to up to 2 years, with a fine of up to 5 lakh taka.

Cyber Security Ordinance 2025 and the 2026 Act

The interim government replaced the 2023 Act with the Cyber Security Ordinance 2025 (Ordinance No. 25 of 2025) in May 2025. Parliament re-enacted it as the Cyber Security Act 2026, deemed in force from May 21, 2025.

Section 50(4) of the 2026 Act cancels all pending cases, proceedings and investigations under sections 21, 24, 25, 26, 27, 28, 29, 31 and 34 of the 2023 Act, and treats sentences and fines imposed under them as void. Section 50(5) does the same for cases under sections 21, 24, 25, 26, 27, 28, 29 and 31 of the Digital Security Act 2018.

Pending cases under sections 17, 18, 19, 20, 22, 23, 30, 32 and 35 of the 2023 Act continue as if that Act had not been repealed (section 50(2)).

Admissibility of Recordings in Court

Evidence Act 1872, Section 65B

Section 65B was inserted by the Evidence (Amendment) Act 2022. It provides that information in a digital record that is printed, stored, recorded or copied by a computer is deemed a document and is admissible without the original, if these conditions are met:

• The output was produced while the computer was used regularly for activities carried on by the person in lawful control of it
• Information of that kind was regularly fed into the computer in the ordinary course of those activities
• The computer was operating properly, or any fault did not affect the record or its accuracy
• The information reproduces or is derived from information fed in during those activities

A certificate signed by a person in a responsible official position, identifying the record and how it was produced, is evidence of these matters.

Recordings Made by a Participant

No statute excludes a recording just because a participant made it without the other side's consent. Whether a court admits it will turn on the Evidence Act conditions and on authenticity. We found no official court decision on participant recordings.

Recordings From State Interception

Section 97B of the Telecommunication Act sets the rule for interception by the state. Intercepted material is admissible only if the interception was lawfully authorized, an unbroken chain of custody was kept, and its authenticity and integrity are proved. Material gathered only for intelligence is not admissible as independent evidence unless proved again through a lawful process.

Privileged Communications

Sections 122, 124, 126, 127 and 129 of the Evidence Act 1872 protect specific communications from compelled disclosure: between spouses, official communications made in confidence, between advocate and client (also covering interpreters and clerks), and confidential communications with a legal adviser.

Penalties Summary

Cross-Border Calls

When a call crosses Bangladesh's border, check the rules in both countries. Bangladesh's section 71 targets third-party eavesdropping rather than a participant's own recording, so the other country's rule will often be the stricter one. If the other country requires all-party consent, follow that rule.

A business that stores Bangladeshi callers' recordings abroad must also meet the transfer conditions in section 29 of the Personal Data Protection Act 2026.

Business Compliance Checklist

Call Recording for Customer Service

• Announce the recording at the start of the call and state its purpose and retention period
• Tell callers how to withdraw consent, and keep a record that consent was given
• Where you rely on a lawful basis other than consent, document which one under section 5(3)
• Delete recordings when the retention period ends

Data Storage and Transfers

• Keep recordings secure and limit who can access them
• Before storing recordings outside Bangladesh, check the section 29 transfer conditions and any regulations issued under it

Employee Training

Train staff who handle recordings on:

• The consent and notice requirements of the Personal Data Protection Act 2026 and how they apply to their role
• Never listening in on or recording calls between other people
• Secure handling, sharing and deletion of recordings
• The criminal offenses for misuse, including section 25 of the Cyber Security Act 2026
• Data subject rights under the Act, such as access and correction

Timing

Most of the Personal Data Protection Act 2026 already applies. The complaint, administrative fine and compensation provisions start on a date the government notifies after the 18-month period, so build compliance now rather than waiting for that date.

Disclaimer

This article provides general legal information about recording consent laws in Bangladesh. It does not constitute legal advice and should not be relied upon as a substitute for advice from a lawyer licensed to practice in Bangladesh. The information was checked on September 30, 2026 against the official texts on bdlaws.minlaw.gov.bd. Laws and their interpretation may change. Readers with specific questions about their legal obligations or rights under Bangladesh recording, telecommunications, or data protection law should consult a qualified Bangladeshi advocate.

Frequently Asked Questions

Is Bangladesh a one-party or all-party consent jurisdiction for recording?

No Bangladeshi statute requires all-party consent for a participant. Section 71 of the Telecommunication Act 2001 punishes eavesdropping, using telecommunication apparatus, on the conversation of two or more other persons, so recording a call you are part of is not covered by its words. That puts Bangladesh closer to the one-party model. Organizations that record people still need consent or another lawful basis under the Personal Data Protection Act 2026, and we found no official court ruling on participant recording.

What are the penalties for illegally recording a phone call in Bangladesh?

Eavesdropping on other people's conversations with telecommunication apparatus is punishable under section 71 of the Telecommunication Act 2001, as substituted in 2026, by up to 2 years in prison, a fine of up to 1.5 crore taka, or both. The same penalty applies to surveilling or harassing citizens through SIM or device registration data. Publishing a recording to blackmail or sexually harass someone can add up to 2 years and 10 lakh taka under section 25 of the Cyber Security Act 2026, or up to 5 years and 20 lakh taka if the victim is a woman or a child.

Can the Bangladesh government legally record phone calls without consent?

Yes, within limits. Section 97A of the Telecommunication Act 2001, as substituted with effect from February 5, 2026, lets the government (the Ministry of Home Affairs) or an authority it designates approve interception for a set period for state security, public order or preventing serious crime, subject to necessity, proportionality and legality. Prior approval from a court or a government-constituted authority is required, with temporary approval allowed in emergencies. Logs and audit trails must be kept, and an independent review council must periodically review interception.

Are secretly recorded conversations admissible as evidence in Bangladesh courts?

They can be. Section 65B of the Evidence Act 1872 treats a digital record as a document that can be admitted if its technical conditions are met, and a certificate from a responsible official is evidence of those conditions. No statute excludes a recording just because a participant made it without the other side's consent, and we found no official court decision on the point. Material intercepted by the state is admissible only if the interception was lawfully authorized and its chain of custody and integrity are proved (Telecommunication Act section 97B).

Do Bangladesh recording laws apply to video calls and messaging apps?

Yes. A third party who eavesdrops on a WhatsApp, Viber or video call using telecommunication apparatus faces the same section 71 offense as for an ordinary phone call. An organization that records such calls needs a lawful basis under the Personal Data Protection Act 2026, and sending or publishing call content for blackmail or sexual harassment is an offense under section 25 of the Cyber Security Act 2026.

Is it legal to make a deepfake of someone in Bangladesh?

It can be a crime. Section 25 of the Cyber Security Act 2026 makes it an offense to send, publish or threaten to publish harmful or intimidating content, including content created or edited with AI, for blackmail, sexual harassment, revenge pornography or sextortion. The penalty is up to 2 years and 10 lakh taka, or up to 5 years and 20 lakh taka if the victim is a woman or a child. Section 70(3) of the Telecommunication Act also punishes using AI to copy someone's voice or image to cause harm, and intimate deepfakes can fall under the Pornography Control Act 2012.

What changed for recording laws in 2025 and 2026?

The interim government replaced the Cyber Security Act 2023 with the Cyber Security Ordinance 2025, which cancelled pending cases under nine sections of the 2023 Act, and later issued a Personal Data Protection Ordinance (November 2025) and a telecom amendment ordinance (February 2026). Parliament then replaced all three with Acts dated April 10, 2026: the Cyber Security Act 2026, the Personal Data Protection Act 2026 and the Telecommunication (Amendment) Act 2026. The telecom amendment rewrote section 71, setting the fine at up to 1.5 crore taka, rebuilt the interception rules in section 97A and banned deliberate internet shutdowns.

Can I record a police officer in Bangladesh?

We found no statute that expressly authorizes or prohibits recording police officers performing public duties, and no participant-consent rule applies. Recording visible police activity in public carries lower legal risk. Sharing the recording is the riskier step: it could attract prosecution under the Cyber Security Act 2026 if the authorities characterize the publication as, for example, blackmail, harassment or hate content.

Does the Personal Data Protection Act 2026 affect call recording compliance?

Yes. The Personal Data Protection Act 2026 (Act No. 63 of 2026), which replaced the 2025 ordinance and is mostly deemed in force from November 6, 2025, requires an organization to have consent or another lawful basis before processing personal data, including voice recordings. Consent must be voluntary, specific, clear and withdrawable. Transfers of recordings abroad must meet the conditions in section 29. The complaint, fine and compensation provisions start on a date the government notifies after an 18-month period, and the regulator is the National Data Management Authority.