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.