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Critical Analysis on Sec-57 of ICT Act 2006’’

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Md.Rezaul Hoque Razu
Md.Rezaul Hoque Razu

This document provides a critical analysis of Section 57 of Bangladesh's Information and Communication Technology Act of 2006. It begins with background on the Act and Section 57, which allows imprisonment of 7-14 years for publishing obscene or false information online that could influence people to become dishonest or corrupt or damage law and order or religious beliefs. The analysis argues this section violates freedom of expression rights and could be used to suppress opposing views. It says the punishments are too severe compared to other countries and the ability of police to make warrantless arrests increases risk of human rights violations. In conclusion, while regulation is needed, this Act may deny citizens' constitutional rights and clear criticism of the government.

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Topics: Critical Analysis on Sec-57 of ICT Act 2006 Sub: Media and Information Technology Law Course Code: - Law407 Submitted to: Md. Riaduzzaman Lecturer, Department of law Daffodil International University Submitted by: Md:Rezaul Hoque Razu ID: 131-26-434 Department of law Daffodil International University Submission Date: 18-08-2016
“Critical Analysis on Sec-57 of ICT Act 2006’’ The free flow of information, which nowadays depends heavily on the information and communication technology (ICT), promotes economic and social development. There are both uses and abuses of the ICT. Everybody feels the necessity of a guideline and related laws for prevention of ICT-related crimes. In Bangladesh an Act named Information & Communication Technology Act has been passed in 2006 for these purposes as guidelines. But there has some criticism regarding this Act. Section-57 of this act is one of the conflicted provisions which conflict with the rights of freedom of speech. Before going to the Critical analysis of sec-57 of ICT Act, we should have know about Section-57 of ICT Act-2006— Section 57 (1) implies: “If any person deliberately publishes or transmits or causes to be published or transmitted in the website or in any other electronic form any material which is false and obscene and if anyone sees, hears or reads it having regard to all relevant circumstances, its effect is such as to influence the reader to become dishonest or corrupt, or causes to deteriorate or creates possibility to deteriorate law and order, prejudice the image of the state or person or causes to hurt or may hurt religious belief or instigate against any person or organization, then this activity will be regarded as an offence.” Critical Analysis: The Act empowers law enforcers to arrest any person without warrant, and to increase the highest punishment to 14 years from minimum 7 years. The ICT Act, 2006 was termed by many as a repressive law though the offences were bailable, but in the amended Act the
offences are non-bailable and there is much scope for harassment. This may cause a big threat to the freedom of expression as well as the fundamental rights of the citizens. In this context it may become a draconian law and the government is going to get nothing out of it. The fundamental rights of the citizens will be violated and they will be the worst sufferers of this Act. Article 39 of our constitution guaranteed a fundamental right named freedom of thought, conscience and of speech. Under the new ICT Act the Freedom of thought and conscience may not be exercised freely. Before writing anything in the social media like face book, twitter, blog, Skype etc. any person always remain in fear whether it will 'tend to deprave' or 'corrupt persons' or not as enacted in the new ICT Act. And he is in fear of at least 7 years punishment and highest may be 14 years. Thus it will hamper the free thinking and expression of thought. So, it may be liable to be contradictory to the constitution. Among the various types and methods of communication, internet is a glorious example of the modern communication. Most people take the positives from it but there may be some equipped to use this dynamic means of communication for ulterior purposes. Consequently, some people may suffer and there may be noise and chaos in the society. To address this, there should be pragmatic policies that the state can enforce to control and regulate such disorder. The question here is: what should be the way of controlling the negative aspects? Can the state frame any arbitrary law which may be a tool to suppress the voices of opposing views or ideologies, as the case may be? To be more precise, can the state make laws which denies the rights of the citizens in violation of the constitution? In my point of view- It is really horrible that freedom speech will be controlled by law. People will lose the right of criticism by the practice of this Act. It is clear message from Govt to people that they can't criticize Govt. whatever they do. Though it was argued that the government would not use the section arbitrarily, there was no guarantee that successive governments would not misuse it. It won’t create concern if our law enforcers
were professional enough or could work out of political influence. There is no assurance that the law will not be abused. The punishment for this crime of maximum 14 years and minimum 7 years imprisonment is simply ridiculous. Nowhere in the world has such a punishment for a mere posting in face book. The most alarming fact of this Act Is; it is non-bailable crime for what there is chance to violate human rights. Another fact is that police can arrest without warrant for this crime.

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Critical Analysis on Sec-57 of ICT Act 2006’’

  • 1. Topics: Critical Analysis on Sec-57 of ICT Act 2006 Sub: Media and Information Technology Law Course Code: - Law407 Submitted to: Md. Riaduzzaman Lecturer, Department of law Daffodil International University Submitted by: Md:Rezaul Hoque Razu ID: 131-26-434 Department of law Daffodil International University Submission Date: 18-08-2016
  • 2. “Critical Analysis on Sec-57 of ICT Act 2006’’ The free flow of information, which nowadays depends heavily on the information and communication technology (ICT), promotes economic and social development. There are both uses and abuses of the ICT. Everybody feels the necessity of a guideline and related laws for prevention of ICT-related crimes. In Bangladesh an Act named Information & Communication Technology Act has been passed in 2006 for these purposes as guidelines. But there has some criticism regarding this Act. Section-57 of this act is one of the conflicted provisions which conflict with the rights of freedom of speech. Before going to the Critical analysis of sec-57 of ICT Act, we should have know about Section-57 of ICT Act-2006— Section 57 (1) implies: “If any person deliberately publishes or transmits or causes to be published or transmitted in the website or in any other electronic form any material which is false and obscene and if anyone sees, hears or reads it having regard to all relevant circumstances, its effect is such as to influence the reader to become dishonest or corrupt, or causes to deteriorate or creates possibility to deteriorate law and order, prejudice the image of the state or person or causes to hurt or may hurt religious belief or instigate against any person or organization, then this activity will be regarded as an offence.” Critical Analysis: The Act empowers law enforcers to arrest any person without warrant, and to increase the highest punishment to 14 years from minimum 7 years. The ICT Act, 2006 was termed by many as a repressive law though the offences were bailable, but in the amended Act the
  • 3. offences are non-bailable and there is much scope for harassment. This may cause a big threat to the freedom of expression as well as the fundamental rights of the citizens. In this context it may become a draconian law and the government is going to get nothing out of it. The fundamental rights of the citizens will be violated and they will be the worst sufferers of this Act. Article 39 of our constitution guaranteed a fundamental right named freedom of thought, conscience and of speech. Under the new ICT Act the Freedom of thought and conscience may not be exercised freely. Before writing anything in the social media like face book, twitter, blog, Skype etc. any person always remain in fear whether it will 'tend to deprave' or 'corrupt persons' or not as enacted in the new ICT Act. And he is in fear of at least 7 years punishment and highest may be 14 years. Thus it will hamper the free thinking and expression of thought. So, it may be liable to be contradictory to the constitution. Among the various types and methods of communication, internet is a glorious example of the modern communication. Most people take the positives from it but there may be some equipped to use this dynamic means of communication for ulterior purposes. Consequently, some people may suffer and there may be noise and chaos in the society. To address this, there should be pragmatic policies that the state can enforce to control and regulate such disorder. The question here is: what should be the way of controlling the negative aspects? Can the state frame any arbitrary law which may be a tool to suppress the voices of opposing views or ideologies, as the case may be? To be more precise, can the state make laws which denies the rights of the citizens in violation of the constitution? In my point of view- It is really horrible that freedom speech will be controlled by law. People will lose the right of criticism by the practice of this Act. It is clear message from Govt to people that they can't criticize Govt. whatever they do. Though it was argued that the government would not use the section arbitrarily, there was no guarantee that successive governments would not misuse it. It won’t create concern if our law enforcers
  • 4. were professional enough or could work out of political influence. There is no assurance that the law will not be abused. The punishment for this crime of maximum 14 years and minimum 7 years imprisonment is simply ridiculous. Nowhere in the world has such a punishment for a mere posting in face book. The most alarming fact of this Act Is; it is non-bailable crime for what there is chance to violate human rights. Another fact is that police can arrest without warrant for this crime.