The Information and Communication Technology Act, 2006 is an Act passed by the Jatiya Sangsad in 2006 to encourage and regulate ICT services in Bangladesh.[1][2][3] Cybercrimes in Bangladesh are tried under the Information and Communication Technology Act.[4] The act was strengthen through an amendment in 2013.[5] The law was controversial due to parts which were viewed as threatening freedom of speech and its section 57 was replaced with the controversial Digital Security Act.[6][7][8]

History

Information and Communication Technology Act was passed in 2006 by the Bangladesh Nationalist Party-Bangladesh Jamaat-e-Islami government.[9] On 20 August 2013, the Information and Communication Technology Act, 2006 was amended through the passage of an ordinance which was passed by the parliament of Bangladesh on 9 October.[10] The amendment allowed the police to detain suspects under the act without warrants and increased the jail time.[11] The amendment also removed the requirement for law enforcement to seek prior approval from the government before filing cases under the act.[12] The amendment was criticized for potential for violation of human rights.[13] Iftekharuzzaman, director of Transparency International Bangladesh, criticized the act while Shahdeen Malik said the amendment would drag Bangladesh back to the "mediaeval age".[14]

Prominent cases

Criticism

The law was criticized for not defining liabilities of domain holders.[1]

Section 57

Section 57 of the Information and Communication Technology Act, 2006 drew criticism from writers and journalists for the potential impact on Freedom of Speech in Bangladesh.[10] This was the most used section of the act by Bangladesh Police to file cases.[10] The act made it illegal to post material online that is provocative, defamatory, or "hurt religious sentimentality".[16] Jyotirmoy Barua criticized the act saying it was used Bangladesh Police and the Awami League to silence dissent.[16] In four months of 2017, 21 journalists were sued under the act.[11] From 2013 to 2017, a minimum of 700 cases were filed under the act with the Cyber Tribunal.[11]

The Section was replaced by the Digital Security Act, 2018.[9] The act has been criticized for curbing free speech in Bangladesh.[19][20][21] The Digital Security Act has been criticized by the Office of the United Nations High Commissioner for Human Rights.[22]

References

  1. 1 2 Ali, Rowshan. "Law and Our Rights: Bits and pieces of Cyber law". www.thedailystar.net. Retrieved 2023-04-14.
  2. ↑ Mahmud, Tarek. "Cyber crime detour: Facebook?". www.thedailystar.net. Retrieved 2023-04-14.
  3. ↑ Sheikh, Tarazi Mohammed (2022-09-27). "On the legal status of digital/electronic signatures in Bangladesh". The Daily Star. Retrieved 2023-04-14.
  4. ↑ Hassan, Mahdy (30 June 2012). "Law and Our Rights: Cyber crime: Implementation must to achieve vison 2021". archive.thedailystar.net. Retrieved 2023-04-14.
  5. ↑ Tusher, Hasan Jahid; Mamun, Abdullah (2013-08-20). "Ominous draft cleared by govt". The Daily Star. Retrieved 2023-04-14.
  6. ↑ Rafah, Julian (2023-04-07). "A case against the Digital Security Act 2018". The Daily Star. Retrieved 2023-04-14.
  7. ↑ Report, Star Online (2017-07-09). "Govt to finalise Digital Security Act in Aug". The Daily Star. Retrieved 2023-04-14.
  8. ↑ Staff Correspondent (2015-08-22). "Free speech vs section 57". The Daily Star. Retrieved 2023-04-14.
  9. 1 2 "How Section 57 morphed into Digital Security Act provisions". Dhaka Tribune. 2018-08-09. Retrieved 2023-04-14.
  10. 1 2 3 Barua, Jyotirmoy (2014-01-01). "Amended Information Technology and Communication Act". The Daily Star. Retrieved 2023-04-14.
  11. 1 2 3 Adhikary, Tuhin Shubhra (2017-07-07). "The trap of Section 57". The Daily Star. Retrieved 2023-04-14.
  12. ↑ Khan, Desdemona (2013-09-23). "Liberty at risk: Amending ICT law". The Daily Star. Retrieved 2023-04-14.
  13. ↑ M.D.Monir (2013-12-03). "ICT Act violates fundamental rights". The Daily Star. Retrieved 2023-04-14.
  14. ↑ Report, Star Online (2013-09-07). "'Amended ICT law to take country towards medieval age'". The Daily Star. Retrieved 2023-04-14.
  15. ↑ Report, Star Online (2016-02-15). "On verge of release, Mahmudur shown arrested in case". The Daily Star. Retrieved 2023-04-14.
  16. 1 2 3 "The question of Section 57". Dhaka Tribune. 2018-08-09. Retrieved 2023-04-14.
  17. ↑ Staff Correspondent (2022-01-11). "Legality of ICT case: SC to hear Shahidul Alam's appeal". The Daily Star. Retrieved 2023-04-14.
  18. ↑ "HC rejects Shahidul Alam's writ petition challenging legality of ICT case". The Daily Star. 2021-12-13. Retrieved 2023-04-14.
  19. ↑ Riaz, Ali (9 December 2021). "How Bangladesh's Digital Security Act Is Creating a Culture of Fear". Carnegie Endowment for International Peace. Retrieved 15 April 2023.
  20. ↑ "Digital Security Act: A tool for harassment". www.dhakatribune.com. 2022-07-19. Retrieved 2023-04-14.
  21. ↑ Sabera, Tashmia (2021-03-09). "All that is wrong with the Digital Security Act". The Daily Star. Retrieved 2023-04-14.
  22. ↑ Ahmed, Kamal (2023-04-07). "OHCHR echoes our concerns about the DSA". The Daily Star. Retrieved 2023-04-14.
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