Information and Communication Technology Act, 2006
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
[edit]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
[edit]- Mahmudur Rahman, editor of Amar Desh, was sued under the Information and Communication Technology Act on 13 December 2012 on sedition charges for writing on the 2012 ICT Skype controversy.[15]
- Shahidul Alam, a notable photographer, was charged under Section 57 of the Information and Communication Technology Act, 2006 by the Detective Branch during the 2018 Bangladesh road-safety protests.[16] Shahidul Alam has challenged the legality of the Section 57 of the ICT act with the Bangladesh Supreme Court after his challenge was rejected by Bangladesh High Court.[17][18]
Criticism
[edit]The law was criticized for not defining liabilities of domain holders.[1]
Section 57
[edit]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 the 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 by the 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
[edit]- ^ a b Ali, Rowshan. "Law and Our Rights: Bits and pieces of Cyber law". The Daily Star. Retrieved 2023-04-14.
- ^ Mahmud, Tarek. "Cyber crime detour: Facebook?". The Daily Star. Retrieved 2023-04-14.
- ^ Sheikh, Tarazi Mohammed (2022-09-27). "On the legal status of digital/electronic signatures in Bangladesh". The Daily Star. Retrieved 2023-04-14.
- ^ Hassan, Mahdy (30 June 2012). "Law and Our Rights: Cyber crime: Implementation must to achieve vison 2021". The Daily Star. Retrieved 2023-04-14.
- ^ Tusher, Hasan Jahid; Mamun, Abdullah (2013-08-20). "Ominous draft cleared by govt". The Daily Star. Retrieved 2023-04-14.
- ^ Rafah, Julian (2023-04-07). "A case against the Digital Security Act 2018". The Daily Star. Retrieved 2023-04-14.
- ^ "Govt to finalise Digital Security Act in Aug". The Daily Star. 2017-07-09. Retrieved 2023-04-14.
- ^ "Free speech vs section 57". The Daily Star. 2015-08-22. Retrieved 2023-04-14.
- ^ a b "How Section 57 morphed into Digital Security Act provisions". Dhaka Tribune. 2018-08-09. Retrieved 2023-04-14.
- ^ a b c Barua, Jyotirmoy (2014-01-01). "Amended Information Technology and Communication Act". The Daily Star. Retrieved 2023-04-14.
- ^ a b c Adhikary, Tuhin Shubhra (2017-07-07). "The trap of Section 57". The Daily Star. Retrieved 2023-04-14.
- ^ Khan, Desdemona (2013-09-23). "Liberty at risk: Amending ICT law". The Daily Star. Retrieved 2023-04-14.
- ^ M.D.Monir (2013-12-03). "ICT Act violates fundamental rights". The Daily Star. Retrieved 2023-04-14.
- ^ "'Amended ICT law to take country towards medieval age'". The Daily Star. 2013-09-07. Retrieved 2023-04-14.
- ^ "On verge of release, Mahmudur shown arrested in case". The Daily Star. 2016-02-15. Retrieved 2023-04-14.
- ^ a b c "The question of Section 57". Dhaka Tribune. 2018-08-09. Retrieved 2023-04-14.
- ^ "Legality of ICT case: SC to hear Shahidul Alam's appeal". The Daily Star. 2022-01-11. Retrieved 2023-04-14.
- ^ "HC rejects Shahidul Alam's writ petition challenging legality of ICT case". The Daily Star. 2021-12-13. Retrieved 2023-04-14.
- ^ 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.
- ^ "Digital Security Act: A tool for harassment". Dhaka Tribune. 2022-07-19. Retrieved 2023-04-14.
- ^ Sabera, Tashmia (2021-03-09). "All that is wrong with the Digital Security Act". The Daily Star. Retrieved 2023-04-14.
- ^ Ahmed, Kamal (2023-04-07). "OHCHR echoes our concerns about the DSA". The Daily Star (Opinion). Retrieved 2023-04-14.