ONLINE INCITEMENT AND MOB VIOLENCE PREVENTION ACT, 2026 (Draft Proposal)

Prefatory Notes

Executive Overview

This draft establishes a comprehensive legal framework for the prevention of mob violence and the regulation of digital incitement within the territory of Bangladesh. Grounded in the constitutional mandate of Article 31 and the protection of the right to life under Article 32, this proposal provides for:

Strict Penalties: Provisions for death penalties or life imprisonment in cases of mob lynching resulting in death.
Digital Oversight: The formation of a Judicial Digital Oversight Panel to regulate the removal of inciting content while preserving political dissent and research.
Procedural Integrity: Strict adherence to the Evidence Act, 1872, requiring forensic reports and specific Hash Values (MD5 or SHA-256) for digital evidence admissibility.
Accountability: Punishments for public servants regarding the dereliction of duty in preventing known or contemplated acts of violence.

Interpretative Note

For the purposes of legislative review and implementation, the term "Act" as used throughout this document may be interpreted as "Ordinance" as the context of its application or enactment may require.

This document is intended for review by relevant authorities and does not currently hold the force of law. [Official Document]

Disclaimer

Nature of the Proposal

This document constitutes a legislative proposal designed to address the increasing frequency of extrajudicial measures and online incitement within Bangladesh. It represents a good-faith effort to suggest structured measures for preventing mob violence and ensuring the protection of the right to life as guaranteed by Article 32 of the Constitution.

Non-Liability and Indemnification

The authors and contributors of this proposal provide the information "as is" for discussion and suggestion purposes only.

No Professional Liability: The authors shall not be held liable for any damages, losses, or legal repercussions arising from the interpretation or application of this draft.
No Legal Advice: This text does not constitute formal legal counsel or binding statutory law.
Zero-Obligation: The provisions regarding the Digital Oversight Panel or Special Courts are hypothetical suggestions meant to stimulate legislative debate.

Preamble

Whereas, it is evident that online incitement based on religion, caste, sex, and political affiliation, leading to extrajudicial measures by non-judicial authorities, is increasing day by day.

Whereas, Article 31 imposes a constitutional duty upon the state to ensure a citizen is treated only in accordance with the law.

AND Whereas, non-performance of such duty causes a breach of the protection of the right to life guaranteed in Article 32 of the Constitution.

AND Whereas, it is expedient and necessary to provide structured and stringent measures to prevent mob violence; it is hereby enacted as follows:

Chapter I: Preliminary

1. Short title, extent and commencement

(1) This Act may be called the "Online Incitement and Mob Violence Prevention Act, 2026"
(2) It extends to the whole of Bangladesh.
(3) It shall come into force at once.

2. Definitions

(a) "Code" means the Code of Criminal Procedure, 1898 (Act No. V of 1898);
(b) "Digital Record" shall have the same meaning as assigned to it in Section 3 of the Evidence Act, 1872 (Act No. I of 1872);
(c) "Incitement" means any kind of provocation, with or without the use of digital technology, with intent to cause something that is not permitted by the law of the land;
(d) "Malicious intention" means the state of mind in which a person, by words or other communication, explicitly and specifically calls for imminent unlawful violence against a person or group, knowing or recklessly disregarding that this is likely to cause such violence, and does so because of the religion, race, sex, place of birth, political belief, socioeconomic or occupational status of that person or group.
(e) "Lynching" means any type of action or series of acts, whether planned or spontaneous, committed by a group of people, not less than five, that causes another to suffer unlawfully, or results in hurt, grievous hurt, or death, on the basis of religion, sex, caste, place of birth, political belief, socioeconomic or occupational status.
(f) "Mob" means a group of people, not less than five, who gather to commit, or with the intention to commit or cause, any injury or harm to any property or life;

Chapter II: Prevention

Provisions regarding the prohibition of malicious incitement and obligations of digital platforms are outlined in full within the document text. [Official Document]

Proposal 2026

CONSTITUTION WATCHDOG & BANGLADESH LAW ALLIANCE

ONLINE INCITEMENT AND MOB VIOLENCE PREVENTION ACT, 2026