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The Information and Communication Technology Act, 2006 is an act passed by the
Parliament of Bangladesh The Jatiya Sangsad (), often simply referred to as Sangsad and also known as is the unicameral legislative body of Bangladesh. The current parliament of Bangladesh contains 350 seats, including 50 seats reserved exclusively for women. Elected ...
in 2006 to promote and regulate ICT services in the country. Cybercrimes in Bangladesh are adjudicated by cyber tribunals established under this Act. The act was further revised through an amendment in 2013. 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 The Digital Security Act, 2018, was a digital security law in Bangladesh. This act was passed with the aim of preventing the spread of racism, sectarianism, extremism, terrorist propaganda, and hatred against religious or ethnic minorities throug ...
.


History

The Information and Communication Technology Act was passed in 2006 by the Bangladesh Nationalist Party-
Bangladesh Jamaat-e-Islami Bangladesh Jamaat-e-Islami is the largest Islamist political party in Bangladesh. The origin of the party can be traced back to the original faction founded by Sayyid Abul A'la Maududi in 1941. The predecessor of Jamaat which is known as Ja ...
led government. 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. The amendment allowed the police to detain suspects under the act without warrants and increased the jail time. The amendment also removed the requirement for law enforcement to seek prior approval from the government before filing cases under the act. The amendment was criticized for potential for violation of human rights. Iftekharuzzaman, director of
Transparency International Bangladesh Transparency International Bangladesh (TIB) is the Bangladeshi branch of the Berlin-based Transparency International, a civil society organisation dedicated to fighting against corruption. History TIB started its activities in 1997, under found ...
, criticized the act while
Shahdeen Malik Shahdeen Malik () is a Bangladeshi lawyer, eminent jurist, constitutional expert, and legal activist. Early life and education Dr. Shahdeen Malik was born in Saruala village of Bishwanath Upazila, Biswanath Upazila under Sylhet district of Ban ...
said the amendment would drag Bangladesh back to the "mediaeval age".


Prominent cases

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Mahmudur Rahman Mahmudur Rahman (; born 6 July 1953), is the owner and editor of the Bengali daily Amar Desh in Bangladesh also an author, engineer and businessman. A strong critic of the Awami League government since 2008, he has faced over 50 defamation and ...
, 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 The 2012 ICT Skype controversy was the leaking of Skype conversations and emails between Mohammed Nizamul Huq, head judge and chairman of Bangladesh's International Crimes Tribunal, and Ahmed Ziauddin, a Bangladeshi lawyer based in Brussels. The ...
. *
Shahidul Alam Shahidul Alam (born 1955) is a Bangladeshi media institution builder, a photojournalist, public speaker, storyteller, writer, blogger, curator, and educationist. Alam founded Drik Picture Library in 1989, Pathshala in 1998, the Chobi Mela Inter ...
, a notable photographer, was charged under Section 57 of the Information and Communication Technology Act, 2006 by the
Detective Branch The Detective Branch (; abbreviated as DB) is a specialized unit of the Bangladesh Police. It mostly deals with investigative activities and special operations in sensitive cases and places. The main task of the detectives of this unit is to colle ...
during the
2018 Bangladesh road-safety protests A series of public protests in Bangladesh advocating improved road safety were held from 29 July to 10 August 2018. They were sparked by the deaths of two high-school students in Dhaka struck by a bus operated by an unlicensed driver who was rac ...
. 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.


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 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 The Awami League, officially known as Bangladesh Awami League, is a major List of political parties in Bangladesh, political party in Bangladesh. The oldest existing political party in the country, the party played the leading role in achievin ...
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 Digital Security Act, 2018, was a digital security law in Bangladesh. This act was passed with the aim of preventing the spread of racism, sectarianism, extremism, terrorist propaganda, and hatred against religious or ethnic minorities throug ...
. The act has been criticized for curbing free speech in Bangladesh. The Digital Security Act has been criticized by the
Office of the United Nations High Commissioner for Human Rights The Office of the United Nations High Commissioner for Human Rights (OHCHR) is a department of the United Nations Secretariat that works to promote and protect human rights that are guaranteed under international law and stipulated in the Univers ...
.


References

{{reflist Law of Bangladesh 2006 in Bangladesh Censorship in Bangladesh Freedom of the press 2006 in Bangladeshi law Acts of the Jatiya Sangsad