Article 39 Freedom of thought, conscience, speech and the press
Freedom of thought and conscience, and of speech
Free speech and a free press allow citizens to criticise government and hold power to account. Media businesses and online platforms operate within the limits it sets.
A newspaper publishes an investigation into misuse of public funds, and a citizen shares critical commentary online. Article 39 protects freedom of speech and expression and freedom of the press. Both print and online expression are covered by this protection.
The State may restrict speech only by law and on the grounds listed in clause (2), such as State security, public order, decency, contempt of court, defamation or incitement to an offence. Restrictions outside these grounds are not permitted by the Constitution.
Police file a case under a cyber or speech law against the writer. Whether the case is lawful depends on whether the law and its use are reasonable and within the permitted grounds. The accused may seek bail and challenge the case in court.
The writer challenges the case. The court considers whether the law is too vague or broad and whether the restriction is reasonable. Unjustified restrictions can be struck down or proceedings quashed. Courts also consider the effect of such laws on public debate.
In plain English
How Article 39 works
Article 39 guarantees freedom of thought and conscience without any limits. It also guarantees every citizen's freedom of speech and expression, and freedom of the press. Unlike thought and conscience, speech and press freedom can be limited by reasonable restrictions imposed by law, but only on listed grounds: the security of the State, friendly relations with foreign states, public order, decency or morality, contempt of court, defamation, or incitement to an offence. A restriction must be set by law, must fit one of these grounds and must be reasonable. Laws that criminalise criticism too broadly or vaguely can be challenged as going beyond what Article 39 allows.
In practice
The scope of Article 39 has been tested most by digital speech laws. The Digital Security Act 2018 was replaced by the Cyber Security Act 2023, both widely criticised for vague speech offences. In May 2025 the interim government approved the Cyber Security Ordinance 2025, which removed nine controversial sections, and the law adviser said around 95 per cent of related cases would stand cancelled, as reported. In September 2026 The Daily Star criticised a government draft amendment that would revive offences such as digital defamation and "fake news". The Constitution Reform Commission proposed a right to information and internet access, which remain proposals.
The text
What Article 39 says
39. (1) Freedom of thought and conscience is guaranteed.
(2) Subject to any reasonable restrictions imposed by law in the interests of the security of the State, friendly relations with foreign states, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence– (a) the right of every citizen to freedom of speech and expression; and (b) freedom of the press, are guaranteed.
English text as published on the official Laws of Bangladesh website. Where a court has changed the position, the status note above explains it.
Connected provisions
Related articles
Questions
Article 39: frequently asked questions
What is Article 39 of the Constitution of Bangladesh?
Article 39 guarantees freedom of thought and conscience, and, subject to reasonable restrictions imposed by law on listed grounds, every citizen's freedom of speech and expression and freedom of the press.
Is freedom of speech absolute in Bangladesh?
No. Freedom of thought and conscience is unconditional, but speech and press freedom can be restricted by law on grounds such as State security, friendly foreign relations, public order, decency or morality, contempt of court, defamation and incitement to an offence.
What happened to the Cyber Security Act?
In May 2025 the interim government approved the Cyber Security Ordinance 2025, which removed nine controversial sections of the Cyber Security Act 2023, as reported. A later draft amendment published in 2026 has been criticised for reviving some speech offences.
Sources
- Laws of Bangladesh: The Constitution, Article 39
- The Financial Express: Ordinance scraps controversial sections of draconian CSA (May 2025)
- The Daily Star editorial: We don't need another DSA playbook (14 September 2026)
- The Business Standard: What Constitution Reform Commission says on fundamental rights, freedom (February 2025)
This guide explains the Constitution for general understanding. It is not legal advice. Constitutional reform proposals under discussion in 2026 are described as proposals until enacted.
Constitutional and writ practice
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