Information and Communication Technology Act, 2006 explained

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 strengthened 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

The 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.

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. This was the most used section of the act by the Bangladesh Police to file cases. 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 by the Bangladesh Police and the Awami League to silence dissent. In four months of 2017, 21 journalists were sued under the act. From 2013 to 2017, a minimum of 700 cases were filed under the act with the Cyber Tribunal.

The section was replaced by the Digital Security Act, 2018. 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]

Notes and References

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

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