Index
1. Introduction
2. Definition of Information and communication technology
3. Background of the ICT Act
4. Objectives of the Act
5. Features of the Act
6. Scope of the Act
7. Applicability of the Act
8. Advantages of the ICT Act
9. Shortcomings of the ICT Act
10.Punishment under ICT Act
11.Controversy of Section 46, 57 and 71 of the ICT Act
12.Number of Cases under ICT Act
13.Arrest under ICT Act
14.Recent Cyber cases and scams in Bangladesh
15.Recommendation
16.Conclusion
1. Introduction:
The emergence of ICT is one of the wonderful gifts of modern science and
technology which has brought tremendous changes in modern life. Information
and communication technology is the technology required for information
processing in the use of electronic computers, communication devices and
software applications to convert, store, protect, transmit and retrieve
information from anywhere. The usage of ICT in everyday life is highly
noticeable. Specially the education, Industry, Banking or e-commerce sectors
gets the benefits of ICT.
2. Definition of Information and communication technology (ICT):
Generally Information and communication technology refers to technologies
that provide access to information through telecommunication. It is similar to
Information technology (IT).. The word ICT is a combination of two words
information, communication & technology. Information means knowledge and
technology means the use of computer & communication. The term ICT means
a variety of technologies applications in the process and communication of
information.
According to UNESCO “ICT is a scientific, technological and engineering
discipline and management techniques used in handling information and
application and association with social, economical and cultural matters”.
According to the Encyclopedia of Computer Science, “Information
Communication Technology (ICT) is an imprecise term frequently applied to
broad areas of activities and technologies associated with the use of computers
and communications”.
3. Background of the ICT act:
When the penal code, 1860 was found insufficient to deals with new crimes
emerging from internet expansion. Even Some of the crimes such as conspiracy,
solicitation, securities fraud etc were being committed through internet which
necessitates a new law to curb them. Than The ICT Act, 2006 was enacted in
Bangladesh for prevention of cyber laws. This act was passed by Bangladesh
parliament under Bangladesh Nationalist party and Jamat-i-Islam Government on 8
October 2006. This act may be called the information technology act 2006. This act
contained with 9 chapters and 90 sections.
4. Objectives of the ICT act:
The Act was enacted to establish a legal validity and security for information
and communication technology and for formulation of Rules.. The objectives of
the ICT Act has been provided following purposes such as:
To promote efficient delivery of government services by reliable
electronic records.
To smooth the progress of electronic filing of documents with
government agencies and statutory corporations
To eliminate barriers to E-commerce.
To provide legal recognition for E-transaction.
To promote legal infrastructures to secure E-transaction.
To facilitate electronic commerce.
To facilitate electronic filing of documents with government agencies.
To minimize the incidence of forged electronic records.
To help to established uniformity of rules, regulation of electronic
records.
To promote public confidence.
5. Features of this act:
The main features of this Act is to guarantee the legal security of documentary
communications between persons, partnerships and the State. The other features
of the ICT Act are:
Digital electronic commerce.
Secure electronic communication.
Legal recognition for digital signatures.
Appointment of adjudicating officers.
Establishment of cyber appellate tribunal.
Appointment of the controller of certifying authorities (CCA).
Digital electronic Governance.
Electronic filing of documents.
Web based communication.
Give legal sanction of e-transfer.
Impose penalty
6. Scope of the Act:
Digital Signature
Electronic signature
Electronic records
Cyber crime
Electronic commerce
Cyber tribunal
7. Applicability of this act:
The information and communication technology Act-2006 shall apply to:
The creation, performance and enforcement of power of attorney
Negotiable instrument
Contract for sale
Documents of title
Trust
Will
Any such transactions or documents as may be notified by the
Government in the official Gazette.
8. Advantages of the ICT act:
The ICT Act has provided us various advantages like conduct important issues
with security. The ICT Act provided us following advantages:
Promote E-commerce:
The act recognize Email, Digital signature, online contract is valid. These things
very helpful to promote e-commerce in Bangladesh.
Secure and Enhance corporate business:
The act ensure secure corporate business by issuing digital signatures and
certificate by certifying authority. It also enhance the corporate business of
Bangladesh.
Imposed penalty:
The act provides power to penalize the cyber criminal. The act tackle the cyber
crime.
Safety of Digital life:
The act makes ours digital life safe.
Security of E-property, E-transaction and Information:
The act ensures security of E-property, E-transaction and valuable information
Legal status of E-transaction:
The act ensures legal status of the online transaction.
9. Shortcomings of the ICT act:
This act have certain specific limitations such as:
Violation of Right to freedom of expression:
Section 46 and 57 of the ICT act 2006 violates the right to freedom if
expression and speech as well as violates human rights.
Intellectual property rights:
The act doesn’t mentioned any provision relating to intellectual property right
such as Copyright, trademark and patent right of information and data.
No anti spamming provision:
There is no anti spamming provision in Information and communication
technology act 2006.
No provision about mobile phone:
This act provides provision for crime committed through computer but The act
does not address any crime committed through using mobile phones.
Email as evidence:
The Evidence Act doesn’t recognize email as evidence but this law recognize
email as evidence.
Lack of Cyber tribunal:
Bangladesh have only one cyber tribunal situated in Bangladesh in Dhaka judge
court. But there should be of cyber tribunals in Bangladesh.
Lack of consciousness of witness and victims:
The witnesses do not have any idea about cyber laws and they tend to lend
importance to the cost of travel. In the absence of witnesses, the accused take
advantage.
Problem with the implementation of the Act:
Though act was enacted but there are lack of implementation of the act.
10. Controversy of Section 46, 57 and 71 of the ICT Act:
The information and communication technology act 2006 was amended in
2013. The criticism was continued after the amendment of the act in parliament
on October 7of 2013. International Human Rights Watch said in a statement
that some sections of the ICT Act threatened freedom of expression and the
amount of punishment has been made even more difficult by taking into
account, the amended law gives the police the power to make direct cases and
arrest without a warrant, which is unacceptable.
What is said in section 46?
Section 46 gives authorities powers to prevent broadcast of any element that
threatens the sovereignty, unity and safety or Bangladesh’s relations with other
countries.
What is said in the Section 57?
Section 57 says if information published on websites encourages dishonesty,
offends anyone, or tarnishes image of the state or any person, it will be
considered a crime.
The offence is punishable by 14 years of imprisonment and a maximum Tk 10
million in fines. The section 57 gives a clear idea about following contents:
Offenses are publication of the material, transmission thereof, causing to
publication and causing to transmission. The means of publication are website
or any electronic form.
What is said in Section 71?
Section 71 details conditions for bailing accused at the cyber crimes tribunal.
Section 46 and 57 of the ICT Act violate human rights. They have created a
huge obstacle to freedom of speech.The punishment described in Section 57
was inconsistent with many sections of the Bangladesh Penal Code. Because A
general crime would invite a four-year prison term while the same offense is
punishable by 14 years under the ICT Act.
11. Punishment under the ICT Act:
The ICT Act provides various punishment for following offenses such as:
Punishment for damages to computer and computer system
Punishment for tampering with computer source
Punishment for hacking computer systems
Punishment for publishing false, defaming information
Punishment for unauthorized access to protected system
Punishment for misrepresentation information
Punishment for disclosure of confidentiality and privacy
The maximum punishment for offenses under the section was 10 years
imprisonment and a fine of Tk 1 crore.
12. Cases under ICT Act:
The cyber tribunal was established in 28 July 2013. According to police crime
data management system, from 2013 to 2018 over the last 6 years 3659 cases
related to cybercrime was lodged. But only 1575 cases went to cyber tribunal
and 522 of them were resolved and 25 cases criminal was punished.
Year Number of Cases
2013 3
2014 33
2015 152
2016 233
2017 568
2018 925
13.Arrest under ICT Act:
The cases of arrest under ICT Act 2006 from 2014 to 2018:
Year Number of
arrested person
2014 11
2015 23
2016 27
2017 32
2018 40
Total 133
14. Recent Cases and Scams In Bangladesh relating cyber crime under ICT
act:
Cricketer Arafat sunny case
On January 5, 2017, a case was filed with Mohammadpur police station against
cricketer Arafat Sunny by Nasrin Sultana, on charges of threatening to reveal
indecent photos of her on social media sites. Nasrin claimed to be Arafat’s
wife.
During the trial, Nasrin and Sunny settled the matter out of court and later on
April 24, 2018, the tribunal acquitted the accused, saying the prosecution had
failed to prove the charges.
Schoolgirl assaulted In Mymensingh
On February 22, 2015, two youths, Md Rasel Mia, 21, and Din Islam, 25,
assaulted a schoolgirl on her way to a coaching centre in Bhaluka upazila of
Mymensingh. Later, the accused posted compromising photos of her on social
media.
A case was filed with Bhaluka model police station in this regard, under
Section 57 of the ICT Act. On November 30, 2017, the Dhaka based cyber
tribunal delivered its verdict acquitting the two, as the prosecution failed to
prove charges in the case.
Actress Nawshaba case
In a live video on Facebook, Nawshaba claimed that the attackers killed two
students, and gouged out the eyes of another at Dhanmondi's Jigatola
intersection.
In her post, she also requested people to get united, and take to the streets to
protect the students as they were being attacked by Bangladesh Chhatra League
activists.
RAB filed a case against Nawshaba with Uttara West police station under the
ICT Act. Rapid Action Battalion (RAB) detained Nawshaba from Dhaka's
Uttara area on August 4, on charges of spreading rumours through Facebook,
over the attack on students demonstrating in Dhanmondi for road safety.
15. Recommendation:
Amendment of the act:
The amendment of the ICT Act is required to amend because it is being used to
assault freedom of expression and freedom of arbitrary detention.
Clause 46 and 57 of the ICT act should be repealed.
Increased Cyber tribunal:
There should be minimum one cyber tribunal in each Division
Established Cyber appellate tribunal:
The cyber appellate tribunal should be established.
Skilled judges and Lawyers:
The judges and lawyers should be skillful and trained.
Increase awareness:
The Government should take initiative to increase awareness among public
about the ICT Act.
Implementation of specific law:
There should be specific law and policy on e-commerce.
Electronic fund transfer Gateway:
There should be electronic fund transfer gateway, Which will connect all
finance and banking institutions
Imposed punishment strictly:
The Government should imposed punishment strictly against cyber criminals.
Individual perception:
From childhood we should teach our children about cyber crimes and ICT Act.
We should become honest in profession.
16. Conclusion:
In the past few decades information and communication technologies have
provided society a vast array of new communication capabilities. ICT have
created a global village in which people can communicate with each others
across the world. Undoubtedly ICT Act is a historical step in the cyber world.
But it cannot be denied that there is a need to brings change in the ICT to make
more effective in order to combat cyber crime.
Bibliography
Books
Dr. Zufiqar ahmed, Cyber law (5th edn, LBP 2015)
Dario illija, Basic concept of information and communication technology
(8th edn, ODRAZI 2011)
Acts and Conventions
Information and communication technology Act 2006, commonwealth
secretariat.
Universal Declaration of Human Rights (UDHR), ICCPR
Online Journal articles
Barrister Jyotirmoy Barua, “Amended information and communication
technology act” (2014) <www.thedailystar.net> accessed 18 September
2019.
Tuhin Shubhra Adhikary, “The trap of Section 57” (2017)
<www.thedailystar.net/frontpage> accessed 17 September 2019.
Md Nayem Alimul Haydee, “Effectiveness of ICT Act” (2017)
<WWW.thedailysun.com>
Websites and blogs
https://www.dhakatribune.com/cybersecurity/2019/04/20/3-conviction-
rate-of-cybercrime-in-bangladesh
https://thefinancialexpress.com.bd/views/ict-act-2006-making-e-
commerce-effective
https://futrlaw.org/section-57-freedom-of-speech-balance
