Information and Communication Technology Act, 2006
The Information and Communication Technology Act, 2006 is an act passed by the Parliament of Bangladesh in 2006 to promote and regulate ICT services in the country.{{Cite news |last=Ali |first=Rowshan |title=Law and Our Rights: Bits and pieces of Cyber law |url=https://www.thedailystar.net/law/2011/06/04/information.htm |access-date=2023-04-14 |work=The Daily Star}}{{Cite news |last=Mahmud |first=Tarek |title=Cyber crime detour: Facebook? |url=https://www.thedailystar.net/law/2010/06/01/life.htm |access-date=2023-04-14 |work=The Daily Star}}{{Cite news |last=Sheikh |first=Tarazi Mohammed |date=2022-09-27 |title=On the legal status of digital/electronic signatures in Bangladesh |url=https://www.thedailystar.net/law-our-rights/news/the-legal-status-digitalelectronic-signatures-bangladesh-3129246 |access-date=2023-04-14 |work=The Daily Star |language=en}} Cybercrimes in Bangladesh are adjudicated by cyber tribunals established under this Act.{{Cite news |last=Hassan |first=Mahdy |date=30 June 2012 |title=Law and Our Rights: Cyber crime: Implementation must to achieve vison 2021 |url=https://archive.thedailystar.net/law/2012/06/05/analysis.htm |access-date=2023-04-14 |work=The Daily Star}} The act was further revised through an amendment in 2013.{{Cite news |last=Tusher |first=Hasan Jahid |last2=Mamun |first2=Abdullah |date=2013-08-20 |title=Ominous draft cleared by govt |url=https://www.thedailystar.net/news/ominous-draft-cleared-by-govt |access-date=2023-04-14 |work=The Daily Star |language=en}} However, the law became controversial due to certain provisions that were seen as threats to freedom of speech. Section 57, in particular, drew significant criticism and was eventually replaced by the controversial Digital Security Act.{{Cite news |last=Rafah |first=Julian |date=2023-04-07 |title=A case against the Digital Security Act 2018 |url=https://www.thedailystar.net/law-our-rights/news/case-against-the-digital-security-act-2018-3291166 |access-date=2023-04-14 |work=The Daily Star |language=en}}{{Cite news |date=2017-07-09 |title=Govt to finalise Digital Security Act in Aug |url=https://www.thedailystar.net/politics/digital-security-ict-act-section-57-bangladesh-government-finalise-august-free-speech-press-freedom-1430536 |access-date=2023-04-14 |work=The Daily Star |language=en}}{{Cite news |date=2015-08-22 |title=Free speech vs section 57 |url=https://www.thedailystar.net/frontpage/free-speech-vs-section-57-130591 |access-date=2023-04-14 |work=The Daily Star |language=en}}
History
The Information and Communication Technology Act was passed in 2006 by the Bangladesh Nationalist Party-Bangladesh Jamaat-e-Islami led government.{{Cite news |date=2018-08-09 |title=How Section 57 morphed into Digital Security Act provisions |url=https://archive.dhakatribune.com/bangladesh/law-rights/2018/08/10/how-section-57-morphed-into-digital-security-act-provisions |access-date=2023-04-14 |work=Dhaka Tribune}} On 20 August 2013, the Information and Communication Technology Act, 2006 was amended through an ordinance which was passed by the parliament of Bangladesh on 9 October.{{Cite news |last=Barua |first=Jyotirmoy |date=2014-01-01 |title=Amended Information Technology and Communication Act |url=https://www.thedailystar.net/amended-information-technology-and-communication-act-4688 |access-date=2023-04-14 |work=The Daily Star |language=en}} The amendment allowed the police to detain suspects under the act without warrants and increased the jail time.{{Cite news |last=Adhikary |first=Tuhin Shubhra |date=2017-07-07 |title=The trap of Section 57 |url=https://www.thedailystar.net/frontpage/bangladesh-ict-act-the-trap-section-of-57-1429336 |access-date=2023-04-14 |work=The Daily Star |language=en}} The amendment also removed the requirement for law enforcement to seek prior approval from the government before filing cases under the act.{{Cite news |last=Khan |first=Desdemona |date=2013-09-23 |title=Liberty at risk: Amending ICT law |url=https://www.thedailystar.net/news/liberty-at-risk-amending-ict-law |access-date=2023-04-14 |work=The Daily Star |language=en}} The amendment was criticized for potential for violation of human rights.{{Cite news |last=M.D.Monir |date=2013-12-03 |title=ICT Act violates fundamental rights |url=https://www.thedailystar.net/news/ict-act-violates-fundamental-rights |access-date=2023-04-14 |work=The Daily Star |language=en}} Iftekharuzzaman, director of Transparency International Bangladesh, criticized the act while Shahdeen Malik said the amendment would drag Bangladesh back to the "mediaeval age".{{Cite news |date=2013-09-07 |title='Amended ICT law to take country towards medieval age' |url=https://www.thedailystar.net/news/amended-ict-law-to-take-country-towards-medieval-age |access-date=2023-04-14 |work=The Daily Star |language=en}}
= Prominent cases =
- Mahmudur Rahman, editor of the daily 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.{{Cite news |date=2016-02-15 |title=On verge of release, Mahmudur shown arrested in case |url=https://www.thedailystar.net/country/verge-release-mahmudur-shown-arrested-case-511411 |access-date=2023-04-14 |work=The Daily Star |language=en}}
- 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.{{Cite news |date=2018-08-09 |title=The question of Section 57 |url=https://archive.dhakatribune.com/bangladesh/law-rights/2018/08/10/the-question-of-section-57 |access-date=2023-04-14 |work=Dhaka Tribune}} 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.{{Cite news |date=2022-01-11 |title=Legality of ICT case: SC to hear Shahidul Alam's appeal |url=https://www.thedailystar.net/news/bangladesh/news/sc-hear-shahidul-alams-appeal-2936796 |access-date=2023-04-14 |work=The Daily Star |language=en}}{{Cite news |date=2021-12-13 |title=HC rejects Shahidul Alam's writ petition challenging legality of ICT case |url=https://www.thedailystar.net/news/bangladesh/crime-justice/news/hc-rejects-shahidul-alams-writ-petition-challenging-legality-ict-case-2916491 |access-date=2023-04-14 |work=The Daily Star |language=en}}
Criticism
= Section 57 =
Section 57 of the Information and Communication Technology Act, 2006 drew criticism from writers and journalists for its 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". 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.{{Cite web |last=Riaz |first=Ali |date=9 December 2021 |title=How Bangladesh's Digital Security Act Is Creating a Culture of Fear |url=https://carnegieendowment.org/research/2021/12/how-bangladeshs-digital-security-act-is-creating-a-culture-of-fear?lang=en |access-date=15 April 2023 |website=Carnegie Endowment for International Peace}}{{Cite news |date=2022-07-19 |title=Digital Security Act: A tool for harassment |url=https://www.dhakatribune.com/bangladesh/2022/07/19/digital-security-act-a-tool-for-harassment |access-date=2023-04-14 |work=Dhaka Tribune |language=en}}{{Cite news |last=Sabera |first=Tashmia |date=2021-03-09 |title=All that is wrong with the Digital Security Act |url=https://www.thedailystar.net/law-our-rights/news/all-wrong-the-digital-security-act-2057321 |access-date=2023-04-14 |work=The Daily Star |language=en}} The Digital Security Act has been criticized by the Office of the United Nations High Commissioner for Human Rights.{{Cite news |last=Ahmed |first=Kamal |date=2023-04-07 |title=OHCHR echoes our concerns about the DSA |url=https://www.thedailystar.net/opinion/views/news/ohchr-echoes-our-concerns-about-the-dsa-3291341 |access-date=2023-04-14 |work=The Daily Star |type=Opinion |language=en}}