Background

Bangladesh is yet to introduce any specific legislation or legal framework for the regulation of artificial intelligence (AI) in the country. Nevertheless, the advent of a legal framework for AI could be grounded on the constitutional principles underpinning the right to protection of law, with regard to life, liberty, body, reputation or property, freedom of thought and expression, and the right to privacy. These are more specifically enshrined under Articles 27, 31, 39, 40, 42 and 43 of the Constitution of Bangladesh, and relate to the relevant provisions of various statutes, including:

• the Penal Code of 1860;
• the Bangladesh Telecommunication Regulation Act, 2001;
• the Information and Communication Technology Act, 2006;
• the Right to Information Act, 2009;
• the Pornography Control Act, 2012; and
• the Cybersecurity Act, 2023.

These statues are pertinent to regulating the nuances of AI.

To address the question of ownership of AI-generated works, it may be noted that Bangladesh is a signatory of:

• the Berne Convention for the Protection of Literary and Artistic Works 1886;
• the Paris Convention for the Protection of Industrial Property 1883; and
• the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) 1995.

As such, the Copyright Act 2023 and the Patent Act 2023 of Bangladesh underpin original works and novelty, and grant protection to works created by humans – though said laws do not appear to address works generated by AI.

The National Strategy for Artificial Intelligence 2020

The Information and Communication Technology (ICT) Division of Bangladesh, working under the aegis of the Ministry of Posts, Telecommunications and Information Technology, has adopted the National Strategy for Artificial Intelligence 2020, which defines AI as “the simulation of human intelligence processes by machines, especially computer systems”. Further, this instrument recognises:

• processes that include learning (the acquisition of information and rules for using the information), reasoning (using rules to reach approximate or definite conclusions) and self-correction; and
• applications of expert systems, speech recognition and machine vision.

To face the imminent challenges resulting from the spread of AI, Bangladesh has set out seven national priority sectors in the National Strategy for Artificial Intelligence 2020:

• public service delivery;
• manufacturing;
• agriculture;
• smart mobility and transportation;
• skill and education;
• finance and trade; and
• health.

Strategic pillars have also been identified for establishing a sustainable AI ecosystem:

• research and development;
• skilling and reskilling of the AI workforce;
• data and digital infrastructure;
• ethics;
• data privacy;
• security and regulations;
• funding and accelerating AI start-ups; and
• industrialisation for AI technologies.

The National Strategy for Artificial Intelligence 2020 further emphasises ethical, moral, fundamentally sound, assessable, reversible and inclusive principles to avoid unintended and harmful behaviour resulting from the poor design of AI systems; thus, it reinforces the need for a strong legal and ethical framework for implementation of AI in all aspects.

Furthermore, the National Strategy for Artificial Intelligence 2020 heralds adoption of a comprehensive framework that outlines:

• goals, policies and initiatives for AI development aligned with global innovations and advancements;
• AI ethics guidelines/principles, to provide guidance on how to develop and use AI in a responsible and ethical manner;
• data-retention policies, including on the legal issues of data governance and ownership;
• a standardisation and certification guideline, to standardise and certify standard AI practices, focusing on interoperability and data exchange;
• ensuring data accessibility; and
• intellectual property, addressing the issues of ownership of rights and regulation of AI models, AI-generated works, source code and data.

This framework clearly indicates the direction in which Bangladesh is heading for regulating AI.

Smart Bangladesh

In 2022, the Bangladeshi government took the initiative of transforming Bangladesh into a smart country, aiming to make the country more technologically advanced and sustainable by 2041. The Smart Bangladesh Vision 2041 initiative is based on four pillars:

• Smart Citizens;
• Smart Government;
• Smart Economy; and
• Smart Society.

It encompasses 15 thematic areas (including Smart Judiciary), wherein AI takes centre stage for materialising Smart Bangladesh Vision 2041. AI emerges as a key enabler and plays a pivotal role in fostering innovation, economic prosperity and inclusive development.

Acknowledging the transformative potential of AI and its implications for economic growth, societal progress and national security, the government of Bangladesh also adopted the National Artificial Intelligence Policy 2024, expected to be promulgated soon. The draft policy seeks to harness the benefits of AI, foster innovation and ensure mitigation of risks, as well as to ensure that AI technologies serve the best interests of citizens and the nation as a whole. This reflects and bolsters the Bangladeshi government’s firm intention to embrace AI with wisdom, ethics and prudence, and to leverage the benefits of AI responsibly and ethically.

Naturally, different sectors and industries in Bangladesh (including manufacturing, agriculture, start-ups, communications and technology) use various AI technologies and tools, which also spearheads the demand for introduction of the legal framework regulating AI in the country. In March 2024, the Ministry of Law, Justice and Parliamentary Affairs, Bangladesh – highlighting the important impact of AI globally, and for the purpose of implementing Smart Bangladesh – declared its plan to draft legislation regulating AI by September 2024, underpinning the protection of human rights and ensuring that AI benefits various sectors in Bangladesh.