1

Supervised Dissertation

"Cyber Defamation on Social Networking Sites: Challenges and Solution"

Course Title: Supervised Dissertation

Course Code: LAW 406

Semester: Spring 2020

Submitted by

Name: Ibnul Rifat Uddin

ID: 2015-1-66-029

Submitted to

Monira Nazmi Jahan

Senior Lecturer

Department of Law

East West University

Total words count 6048

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ACKNOWLEDGMENT

Firstly, I would like to give thanks to the Almighty for his showers of blessings throughout my
research work to complete this paper fruitfully.

I would like to convey my profound and sincere gratitude to my research supervisor, Monira
Nazmi Jahan Ma'am, Senior Lecturer, Department of Law, East West University, for her
unconditional support time-to-time feedback throughout this journey. Without her support, I
might not be able to complete this research.

I am grateful to my friends, seniors who always encourage me to complete this research paper.

Last but not least, I am grateful to my family for their unconditional love, tolerance, support
throughout this journey.
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ABSTRACT

Offenses via cyber medium is relatively a new breeding.

Not only youth but also older people are spending their quality time on social media. Social

networking sites become a platform for collecting news worldwide. According to 'Internet World

Stata' total of 33,713,000 Bangladeshi people are using Facebook where cyber defamation is

occurring randomly. People internationally or unintentionally breaching laws and doing social

networking sits unsafe for many people.

The academics, scholars, and society at large has much to do to control this offense. This

research is based on cyber defamation on social networking sites in Bangladesh. This paper's

principal objective is to examine whether the law is sufficient enough to combat this crime

committing on social networking websites? In this thesis described the laws of our country with

defects. It is also focused on the lackings of our laws and how to solve this problem; it also

described. Besides law, criminological reasons, and societal behavior towards cyber defamation

has also been discussed.

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Table of Contents

Chapter I: (Introduction)..........................................................................................................................6
1.1 Introduction:......................................................................................................................................6

1.2 Object of the Study:...........................................................................................................................6

1.3 Research Question:............................................................................................................................7

1.4 Literature Review:.............................................................................................................................7

1.5 Methodology:....................................................................................................................................7

1.6 Scope:................................................................................................................................................8

1.7 Limitation:.........................................................................................................................................8

Chapter II: (Conceptual Terms)..............................................................................................................9

2.1 What is Cyber Crime?.......................................................................................................................9

2.2 What is Social Networking?..............................................................................................................9

2.3 What is Defamation?.......................................................................................................................10

2.4 What is Cyber Defamation?.............................................................................................................10

2.5 Catagories of Cyber Defamation:....................................................................................................11

2.6 Liability of Cyber Defamation:........................................................................................................11

Chapter III: (National laws regarding Cyber Defamation in Bangladesh).........................................13

3.1 Information and Communication Technology Act 2006:.................................................................13

3.2 The Penal Code, 1860:.....................................................................................................................13

3.3 The Pornography Control Act, 2012:...............................................................................................14

3.4 Digital Security Act, 2018:..............................................................................................................15

3.5 Bangladesh Telecommunication Act, 2001:....................................................................................16

Chapter IV: Causes and Effect...............................................................................................................18

4.1 Causes of Cyber Defamation:..........................................................................................................18
 5

4.2 Theories of Criminology:.................................................................................................................19

4.3 Present Scenario in Bangladesh:......................................................................................................20

4.4 Effects of Cyber Defamation:..........................................................................................................22

Chapter V: (Practical Application of Legal Protection).......................................................................24

5.1 How to tackle Cyber Defamation:...................................................................................................24

5.2 Lacking of the Remedies:................................................................................................................25

5.3 Several new features as Legal Protection against Cybercrime: To protect from various crimes......26

Chapter VI: Conclusion (Findings and Recommendation)..................................................................28

6.1 Findings:..........................................................................................................................................28

6.2 Recommendation:............................................................................................................................28

6.3 Conclusion:......................................................................................................................................29

Bibliography............................................................................................................................................30
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Chapter I: (Introduction)

1.1 Introduction: Nowadays, the system of communication in our daily life has dramatically
changed because of digital our new technology. Human beings are getting entirely dependent
on the digital technology. As we can see the effects of the digital technology on all
disciplines of life. According to record of the past, the technological era was started in 1948
as the first program was run on an electronic, digital computer stored program. 1 For the
human, the internet or technology is beneficial and necessary for daily life, but not everyone
uses it with good intention or real purpose. Some people misuse it with some unlawful
activity. There are many types of crimes on the internet, and those crimes are called cyber-
crime. The rate of internet users increasing rapidly all over the world. In the ancient period,
the computer was the primary or only source of the internet, but in the present world, mobile
phones perform an essential role. Using the internet through the mobile phone is very easy.
So in ancient era computer was the source of cyber-crime but now there have many other
devices.
Due to the misuse of social networking sites, people are committing cyber defamation very
quickly. There are many kinds of cyber-crimes being committed by using Facebook or
Twitter. Cyber Defamation is a common crime in social networking sites. Cyber Defamation
is one of the high instruments used by other parties to kill or injure a person's or company's
reputation by using online media such as blogs, social media, online videos and other
internet forums/sites. The purpose is to annoy, degrade, ridicule or humiliate in the eyes of
the right-thinking people of the society. Many developed states have already enacted the law
or introduced the legislation on cyber-defamation based on the present social context.
However, Bangladesh is still holding the old piece of law described under the Penal Code
1860.

1.2 Object of the Study: The object of this research paper is –

1
Timeline of Computer History developed by Williams and Kilburn
https://www.computerhistory.org/timeline/computers/#169ebbe2ad45559efbc6eb3572083fb7 <accessed on
February 13, 2020>
 7

i. To explain and examine the cyber defamation

ii. To find out the causes and effect of cyber defamation
iii. To make a few suggestions to kill inappropriate behavior
iv. To make a possible suggestion for the protection of cyber defamation.

1.3 Research Question: The research questions are as followed-

 Specific Research Question:
 Whether the law relating to defamation is adequate to define the present context of
cyber defamation in social networking sites?
 General Research Question:
 Which types of cyber defamation committed in Bangladesh?
 What is the effect of cyber defamation?
 Does Law enforcement has adequate expertise for prevention?

1.4 Literature Review: This research is based on cyber defamation in social networking sites and
about the adequacy of cyber law to combat cyber defamation in Bangladesh. Many other
research has been done on "Cybercrime" from a broader perspective; however, this research
paper aims to fill the research gap from a more focused perspective. This paper suggests that the
definition is not appropriate comparing to the present social context. The paper used the
qualitative scenario of cyber defamation in social networks and described the key reasons why
Bangladesh needs to develop its cyber laws. This paper implies the importance of creating
cybersecurity. This paper reviewed the cyber defamation in Bangladesh and how much
Bangladesh is left behind to serve protection from cyber-crime.

1.5 Methodology: This research has been done following the qualitative research method based
on the primary and secondary sources. Primary sources are; books, legislations of Bangladesh
and other foreign countries, and case laws. Secondary sources that have been used are; published
articles, law journals, newspaper articles.
 8

1.6 Scope: The scope of the research related to cyber defamation in Bangladesh and ranges on social
networking sites. The field of study is within Bangladesh because Bangladesh is convenient for the
researcher in terms of data and information collection, as it is his field of work.

1.7 Limitation: This research has some limitations that resources are too comprehensive but
restricted to access the website, journals. In the context of Bangladesh, resources are deficient,
including enough lack of references. Moreover, it is quite challenging to take interviews with the
victims. Four months is not sufficient for research on a topic. Perhaps, the author tried to invent a
new thing in a short time. Bangladesh has not much law based on this project. Overall there are
lots of limitations to this research on this field.
 9

Chapter II: (Conceptual Terms)

2.1 What is Cyber Crime? Cybercrime is any type of illegal activity created through the internet.
For example, in chat rooms, email, message boards, websites, and auctions and such conduct
create fraudulent transactions, or for financial institutions such as act transfer the proceeds of
fraud or to others connected with the strategy2. Cybercrime is also relevant to generating spam
emails, downloading viruses or spyware to computers, harassing another through the internet,
child pornography, and solicitation of prostitution online 3. Thomas & Loader (2000)4 defined
cybercrime as an illegal computer-mediated activity that conducts through global electronic
networks.

2.2 What is Social Networking? Whenever the topic 'Cyber-crime' arises, there must be a say
about social networking because social networking is a significant and broad platform for cyber-
crime. Online social networking or social networking sites are among the most significant
technical issues of the 21st century.5 It can be widely defined as "social media or social network
is an online social structure made up of individuals or organizations, which permits smooth
online interaction by users6 It allows people to interact with each other in online socially.
Facebook, Twitter, LinkedIn, and MySpace are the world's most popular social networking
2
Mohammad Anisur Rahaman, Cyber-crime affects society in different ways, published: July 4, 2016, 19:37:49 |
Updated: October 24, 2017
https://thefinancialexpress.com.bd/views/reviews/cyber-crime-affects-society-in-different-ways <accessed on March
3, 2020>
3
H. Thomas Milhorn, Cybercrime: How to Avoid Becoming a Victim, 2007, page 293
Google Books <accessed on March 3, 2020>
4
Thomas, D., and Loader, B.D. Introduction — cybercrime: law enforcement, security, and surveillance in the
information age in Cyber crime: Law enforcement, security and surveillance in the information age, Taylor &
Francis Group, New York, NY, 2000.
5
Munir, A. B. & Yasin, European Network and Information Security Agency (ENISA). (2007, October). Securities
Issues and Recommendations for Online Social Networks. P.3. in, S. H. (2010). Information and Communication
Technology Law: State, Internet and Information; Legal and Regulatory Challenges.Selangor: Sweet & Maxwell
Asia. p.83.
6
." Retrieved from
 10

websites, and Facebook and Twitter are among the top. The online social networking service
comes up with Facebook, and through this Facebook platform, users can create personal profiles.
Users can connect comfortably and can upload or download videos and also can share links.

2.3 What is Defamation? In Cyber Crime, defamation is one of the most popular and committed
crimes in the social network. Generally, defamation is a false statement, hate speech, trolling
against any person or property damaging a person's reputation from the society's perspective. It
can be done through verbal form or written form. The main intention of defamation is to damage
a person's reputation, and the person could be natural or legal. The Ingredients of defamation are:

a) Publication of a statement

b) Statement refers to the complainant

c) Statement is communicated to someone other than the complainant himself

d) Statement causes actual or presumed damage to the complainant 7

The defamation does not hurt a person physically; it damages a person mentally,
psychologically, cerebrally. That is why every country in this world recognized defamation as a
criminal offense; some countries also take this defamation as civil and criminal offenses both.
Bangladesh recognized defamation as both a civil wrong and a criminal offense. Penal Code,
1860, Section 499 of this Act dealt with defamation and the consequence of committing this
Defamation crime.

2.4 What is Cyber Defamation? Cyber Defamation means an intentional false communication,
either published or publicly spoken, that injures another person's reputation or right name on the
internet. Cyberspace is a place where both types of verbal and written defamation happens

http://injury.findlaw.com/torts-and-personal-injuries/elements-of-libel-andslander.html#sthash.fTwUgMF0.dpuf <
accessed on March 17, 2020>
7
Ahmed, Dr.Julfiquar. "Cyber Defamation," A textbook on cyber law in Bangladesh, (Dhaka, Hasan law books,
2017) 417- 431.
 11

without any tress or being anonymous. Now a day's cyber defamation is a pervasive way to
express any kind of defamatory statement.

The internet can be used to spread misinformation just as quickly as information. Websites can
present false or defamatory information, especially in forums and chat rooms, where users can
post messages without moderators. IT is vital to highlight the increased danger presented by false
or misleading information. Defamation can seriously injure victims' reputation and dignity to a
considerable degree, as online statements are accessible to a worldwide range.

2.5 Catagories of Cyber Defamation: There is many variety in cyber defamation catagory, like
there are also differences in cyber defamation. There are two types of defamation is namely8-

 libel
 Slander.

In libel, the defamatory statement is made in some permanent and visible form, such as writing,
printing, pictures, or effigies. In slander, it is made in spoken words or in some other transitory
form, whether visible or audible, such as gestures or inarticulate but significant sounds.9
However, in Penal Code 1860, no difference has been made between libel and slander.

2.6 Liability of Cyber Defamation: As cyber defamation is a crime, there are also some liability
for committing cyber defamation. No person shall be subjected to arbitrary interference with his
privacy, family, home or correspondence, nor to attacks upon his honor and reputation. Every
person has the right to law protection against such interference or attacks 10. In Bangladesh's
Penal Code, defamation is punishable with imprisonment for up to two years or a fine or both

8
Libel vs. Slander: Different Types of Defamation https://www.nolo.com/legal-encyclopedia/libel-vs-slander-
different-types-defamation.html <accessed on March 4, 2020>
9
CYBER DEFAMATION, ANONYMITY AND HATE SPEECH
https://shodhganga.inflibnet.ac.in/bitstream/10603/45071/8/chapter%203.pdf <accessed on March 4, 2020>
10
under Art.17 of the International Covenant on Civil and Political Rights. Under the UDHR, no one shall be
subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful
attacks on his honor and reputation.
 12

penalties. Under the Digital Security Act, 2018 in Bangladesh, the maximum punishment is
seven years. Cyber defamation not necessarily attacked only individuals; it may attack a large
number of peoples.
 13

Chapter III: (National laws regarding Cyber Defamation in Bangladesh)

3.1 Information and Communication Technology Act 2006: Information and Communication
Technology Act 2006 has enacted by the parliament of Bangladesh, provisions of this act
provides some occurence as a crime. These occurence not only crime but also punishable
according to the Information and Technology Act of 2006 and these recognized as cybercrimes
for the jurisdiction of Bangladesh. Section 57 of this Act deals with cyber defamation. With
deliberate intention, if any person publishes or transmits or causes to be published or transmitted
any obscene or fake information into the website or electronic medium is a crime.

This law also described punishment that if any person commits an offense of defamation,
punishable with imprisonment for a term which may extend to a maximum of 14 years and a
minimum of 7 years and with the fine which may extend to BDT ten crores. However, after
Digital Security Act, 2018, this section repealed.

3.2 The Penal Code, 1860: Bangladesh is currently following the Penal Code, 1860, to define
defamation. This Penal code was enacted by the British Empire or East India Company. Though
it is an ancient law to deal with the newer defamation cases but Bangladesh is still following this
piece of law. As per to section 499 of the Penal Code, 1860, "defamation is when a person with
his intention does such activities which are, words either spoken or intended to be read, or by
signs or by visible representations, makes or published any imputation concerning any person
intending to harm, or knowing or having reason to harm or defame another's reputation which
may cast him.11

The punishment of defamation is simple imprisonment for a term which may extend to two
years, or with fine, or with both.12

There are some exception under this sections13-

11
" Section 499, The Penal Code, 1860
12
Ibid
 14

 Published true fact for public welfare is not defamation

 Giving opinion with good faith which conduct of public servent is not defamation
 Giving opinion with good faith which arise public question is not defamation
 Publishing any geniun report or result of the procceding of court is not defamation
 Giving opinion with good faith of a party about witness or evidence to justify the case
which decided by the court is not defamation
 Express any opinion to merits of public performance is not defamation
 With lawful aurthority over another passing censure with good faith is not defamation
 Prefer accusation to authorized person with good faith is not defamation
 Making any imputation with good faith to protect himself or any other person or for
public welfare is not defamation
 Giving caution to a person about another with good faith for the purose of good is not
defamation

3.3 The Pornography Control Act, 2012: The Parliament has enacted a law by the title of the
Pornography Control Act, 2012. The preamble says this Act has been enacted to prevent
deterioration of society's moral and ethical values.14 With its immense benefits, information
technology has some disadvantages as well as mischief people with criminal intention use. It has
been seen in our country that video clips, MMS etc. of sexual intercourse or behavior relating to
sexual activities have been recorded on camera by a section of people and then used to
blackmail, cheat, defame girls and women.15 The Act was enacted upon those who produce
pornography using a child, man, or woman, taking their still pictures, video, or film with or
without their consent and print, distributing and publishing such materials or selling, supplies, or
exhibiting child pornography.16 This Act convicts a person if any pornography is being
transmitted through the internet, website, mobile phone, or any other electronic device. The

13
Ibid
14
Preamble, The Pornography Control Act, 2012
15
The Pornography Act https://shossainandassociates.com/oldsite/?p=view-article&article=pornography-control-act
<accessed on March 9, 2020>
16
Sec. 8, The Pornography Control Act, 2012
 15

punishment is imprisonment for up to 5 years and a fine up to BDT. 5,00,000. 17 The Government
may constitute Tribunal, which is yet to be established for the trial of offenses under the Act18.
Sadly, the Government has made no rules as of now.

3.4 Digital Security Act, 2018: In the 2018 Bangladesh government enacted the Digital Security
Act, 2018, which is more updated and something new. It contains several speech offenses,
including criminal defamation, defamation of religions, or the sending of 'offensive' information.
Section 24 of the Digital Security Act, 2018, provides direction to "If any person intends to be
another person using Fraud identity to harm the reputation of another using any online platform
or intention to gain property." The said section provides punishment for the crime, which is five
years of imprisonment or BTD 5 lac taka fine. Moreover, for the second time offender, the
punishment will be seven years of imprisonment or BTD 10 lac taka fine or both 19. As per
section 25 of the said Act, if any person intends to publish or send any data or information which
is offensive to insult or denigrate any person that counts as an offense. The person shall be
penalized with imprisonment for not exceeding three years of imprisonment or BTD 3 lac taka
fine. For the second time offender, the punishment will be five years of imprisonment or BTD 10
lac taka fine.20 Section 29 of this said Act provides that "if anyone commits an offense of
publication or broadcast defamatory information as described in section 499 of the Penal Code
1860 in any website or any other electronic format then he will be punished to a term of
imprisonment not exceeding three years or fine not exceeding Tk.5 (Five) lac or both." (2) If any
person commits the offense mentioned in sub-section (1) second time or repeatedly, he will be
sentenced to a term of imprisonment not exceeding 5 (Five) years or fine not exceeding Tk.10
(Ten) lac or both.21 Section 34 of the Digital Security Act, 2018, deals with hacking-related
offense and punishment. According to the section, if any person destroys, change, format, cancel
any information of the computer data storage or without ownership or possession illegally
entering and damaging any computer, server which is hacking shall be punished with 14 years of
17
Sec. 8(3), The Pornography Control Act, 2012
18
Sec. 11, The Pornography Control Act, 2012
19
Sec. 24, The Digital Security Act, 2018
20
Sec. 25, The Digital Security Act, 2018
21
Sec. 29, The Digital Security Act, 2018
 16

imprisonment or BTD 1 Crore taka or both. Furthermore, for the second time, offenders of the
same crime shall be punished with life imprisonment or 5 crores or both.22

On the other hand, Article 9 of The Universal Declaration of Human Rights (UDHR) provides
that all persons have the right to freedom of opinion and expression also includes freedom to
hold opinions without interference and to seek, receive and impart information and ideas through
any media and regardless of frontiers23. That means freedom of expression cannot be used in a
harmful way because harmful cannot be any legal way to express thoughts. So in a way, it might
seem article 9 is supporting defamation, but it is not. Freedom of opinion and expression cannot
be defamation until it harms others image or reputation.24 Though Digital Security Act 2018 talks
about provisions and punishments about cyber defamation, hacking, sending offensive content to
anyone. However, there is a thin line between giving an honest opinion and defaming someone
as criminal defamation attributes two essential components, truth and the public good. The truth
has been representing meanly, which alternatively forms defamation. A recent example, Afrin
Anis Rahman, a Facebook influencer and product seller, gave wrong information about Corona;
therefore, she has been bullied severely for her intellectual ability. Not only that, but people also
target her physical features, which is defamation.

3.5 Bangladesh Telecommunication Act, 2001: In this Act, there is no exact word of defamation,
or there is no direct explanation of defamation. This Act enactment was a significant step of the
Bangladesh Telecommunication Act, 2001 from Bangladesh government, to make this matter
comprehensive the telecommunication sector of Bangladesh. However, section 66 and 69
indirectly indicate about defamation. According to section 66 of this Act by using
telecommunication no person shall intentionally send or cause to be sent any danger signal,
message or call which is false or fraudulent through apparatus or radio apparatus, there is also a
penalty for this which is imprisonment for a term not exceeding three years or to a fine not
exceeding 3 three lac taka or to both 25. Section 69 of this Act provides no person shall send an

22
Sec. 34, The Digital Security Act, 2018
23
Article 19, UDHR https://www.un.org/en/universal-declaration-human-rights/ <access on June 7, 2020>
24
Retrieved from https://www.researchgate.net/publication/281231900_Social_Media_-
_Cyber_trap_door_to_defamation <access on June 7, 2020>
25
Section 66, Bangladesh Telecommunication Act, 2001
 17

obscene, threatening or grossly insulting, indecent message and penalty is imprisonment for a
term not exceeding 6 (six) months or to a fine not exceeding 50 (fifty) thousand taka or to both.26

Chapter IV: Causes and Effect

26
Section 66, Bangladesh Telecommunication Act, 2001
 18

4.1 Causes of Cyber Defamation: It is difficult to find out the reason behind committing cyber
defamation. There can be different intentions and situations or circumstances for cyber
defamation. It may fun for someone, especially for teenagers. Some causes explained below-

 To harm someone reputation27: Basically, to harm someone reputation is the

leading cause of cyber defamation. The reason behind the harming reputation may
arise, not for the same intention. It may cause out of jealousy or to gain the same
reputation or to maintain animosity.
 For grievance28: Grievance may be a reason for cyber defamation to destroy
someone's image in the society or on social media.
 Hate/Dislike29: When any person hates or dislikes someone, the affected person
tried to damage the other person. In that scenario, defamation on cyber media can
play a smoking gun role for the anger one.
 To take revenge30: Most of the time, cyber defamation has been done to take
revenge, and most of the time, it happened on the social media sites.
 Create harm to rival31: This type of defamation is mostly done by a company or
organization or against a political party, which is not true and intention to do such
defamation to create damage on reputation or image or economy. For example, a
defamation case seeking Tk 500 crore in damages has been started against
Barrister Mainul Hosein in Magura. Till now total nine lawsuits filed against the
former caretaker government adviser for verbally abusing female journalist

27
Libel, Slander, and Defamation Law: The Basics https://injury.findlaw.com/torts-and-personal-
injuries/defamation-law-the-basics.html <accessed on March 21, 2020>
28
Defamation of Character in the Workplace https://futureofworking.com/defamation-of-character-in-the-
workplace/ <accessed on March 21, 2020>
29
Your product is defective’: Sacha Baron Cohen slams Facebook for allowing hate speech
https://www.washingtonpost.com/nation/2019/11/22/sacha-baron-cohen-slams-facebook-zuckerberg-allowing-hate-
speech/ <accessed on March 21, 2020>
30
Defamation in Law of Torts: Meaning, essentials and defenses http://www.legalserviceindia.com/legal/article-
207-defamation-in-law-of-torts-meaning-essentials-and-defences.html <accessed on March 21, 2020>
31
Tort-Lawful Act and bad motive-Motive, Malice, Intention and tort
http://www.legalserviceindia.com/legal/article-575-tort-lawful-act-and-bad-motive-motive-malice-intention-and-
tort.html <accessed on March 21, 2020>
 19

Masuda Bhatti on a TV talk. Mainul has been facing a firestorm of anger and
criticism on both social and mass media when he called Masuda Bhatti
"characterless" on Ekattor Journal, a talk show which was aired live on private
channel Ekattor TV32. This case is a reference that defamation creates to harm
rival.
 Making fun of someone33: Recently on social media platforms,s we can see the
trend, which is called a troll. By trolling, people share other people's posts of
photos to make fun. Generally, almost everyone takes that as fun, but from the
legal perspective, it can be called a person's defamation.

Mainly causes of cyber defamation always have a purpose apart from those mentioned causes;
there are many other causes, and for the easy excess of the internet, the social network is the
most favorite platform to get the reader of the concerned people.

4.2 Theories of Criminology: To discover the causes of defamation, some theories of

criminology may help.

Some theory may relate to the criminal who commit defamation. First, according to General
Strain theory, crime increases proportionate to the likelihood of negative emotions like anger and
frustration. These emotions create pressure for corrective action, and crime is one possible
response (Agnew 1992). For this reason, defamation may create.34

32
Another defamation case against Mainul in Magura
https://www.dhakatribune.com/bangladesh/court/2018/10/23/another-defamation-case-against-mainul-in-magura
<accessed on March 21, 2020,>
33
Retrieved from A Hate Speech and Culture of Trolling on Social Media
https://www.academia.edu/41663668/HATE-SPEECH-AND-CULTURE-OF-TROLLING-ON-SOCIAL-MEDI
<accessed on June 5, 2020>
34
General Strain Theory and Juvenile Delinquency: A Cross-Cultural Study
https://scholarcommons.usf.edu/cgi/viewcontent.cgi?
referer=https://www.google.com/&httpsredir=1&article=4403&context=etd <accessed on March 22, 2020>
 20

Then Drift theory also can relate with defamation that according to which delinquents use a
series of justifications to neutralize their deviant behavior.35

Social Learning theory is one of the most prominent general theories of crime. Results suggest
little support for the social amplification hypothesis as the components of social learning theory
were found to operate similarly across individuals regardless of one's level of self-control36.
Finally, the 37Space Transition theory, according to this theory, the nature of the behavior of the
persons who bring out their accepting and non-accepting behavior in the physical space and
cyberspace. Space Transition implies the activity of persons from one space to another. Space
Transition Theory argues that people behave will change when they move from one space to
another.38 According to this theory, cyber defamation committed; when a person gets open space
like social media where that person can quickly get attention from peoples, it will affect the
person's behaviors.

4.3 Present Scenario in Bangladesh: In recent days, cyber defamation is a massive problem in
Bangladesh. People even have no idea that how they are committing cyber defamation like
trolling a person or institution on Facebook. Giving any kind of status without knowing that
Facebook makes hate speech is the most popular social networking sight in Bangladesh.
However, some noticeable incidents or cases are-

In a leading case, an individual posted a defamatory and threatening statement against the prime
minister of Bangladesh using a Facebook profile on a social media platform. He was charged
under section 57 of the Information and Communication Technology Act 2006 for committing
cyber defamation. That person was tried expartee because he did not defend himself. The High

35
Neutralization theory | sociology | Britannica https://www.britannica.com/topic/neutralization-theory <accessed on
21st March, 2020>
36
Social Learning and Self-Control - SAGE Journals
http://journals.sagepub.com/doi/pdf/10.1177/0306624X10396041 <accessed on 21st March, 2020>
37
Retrieved from http://jaishankar.org/theory.html <accessed on March 28, 2020>
38
Space Transition Theory Simplified* R. Rochin Chandra and K. Jaishankar Published on April 6, 2018
https://www.linkedin.com/pulse/space-transition-theory-simplified-r-rochin-chandra-k-k-jaishankar/ <access on 12th
April, 2020>
 21

Court Division punished him for six months in jail for overlooking a court summons, on January
4, 2012, and dishonoring comments on the prime minister connected with contempt of court rule
on Facebook39. It was impossible to implement such punishment as alleged offender lives outside
of the country, although the Court directed the foreign secretary to take steps to bring the
accused.

In another case where on April 23, 2012 a complaint was filed accusing Hafizur Rahman Rana
for issuing death threat to Prime Minister on his Facebook wall. On September 20, 2012, the
charges against the accused were framed, and the Court decided to try him in absentia as he did
not appear in the Court. On June 27, 2013, Dhaka Metropolitan Sessions Judge sentenced the
accused in his absence to five years under section 57 of ICTA 2006 for publishing fake, obscene,
or defamatory information in electronic form, and to two years under section 506 of the Penal
Code for criminal intimidation.40

In another case, it was made against Mr. Wahiduzzaman on October 8, 2013, for posting a
defamatory statement on Facebook about the Prime Minister's son and sister on August 22 in the
same year. He was arrested and is still in jail, and he was guilty fort under ICT Act for posting
defamatory statements.41

In another case, Narayan Chandra Chanda, local MP, sued Abdul Latif Morol, a local reporter of
Daily Prabha, for criticizing him on the quality of livestock and poultry distributed among the
poor.42

Recently, one fraud group has been arrested because of creating a fake Facebook account in the
name of renowned businessperson Nafisa Kamal. The cheaters were doing cheating by using this

39
Death Threat to PM on Facebook, Former BUET teacher gets 7yrs in jail. (2013, June 28). New Age (Online Ed.).
Retrieved from http://www.newagebd.com/detail.php?date=2013-06-28&nid=54778#.UyCL5IXXiOp <accessed on
March 22, 2020>
40
BUET teacher awarded 7yrs for issuing a death threat to PM https://www.thedailystar.net/news/buet-teacher-gets-
7yrs <accessed on March 25, 2020>
41
The report was published on February 10 2014 in bangle in http://tazakhobor.com <access on March 25, 2020>
42
Liton Shakhawat, "The Chilling Effect of Section 57", The Daily Star, August 2, 2017. <accessed on March 26,
2020>
 22

fake id. A case was filed under sections 24 (1) (a), 26, 29, 30 Digital Security Act, 2018, and
under section 420 of the Penal Code 1860.

In all of the explained cases brought before the Court under the ICT Act 2006, defamatory
comments were made against political figures. From these circumstances, there is possible to
realize that law enforcement agencies might be affected as political bias could be involved in the
proceedings. On social media, some social networking sites users made many defamatory
statements related to the religion of Islam in early 2013. The Government established a
committee to track such users. Four anti-Islamist bloggers and Facebook users have been
arrested in different areas in the capital to make derogatory comments about Islam. On 09-09-
2013, the Dhaka Metropolitan Sessions Judge's Court has charged four in two cases under
sections 57(1) & 57(2) of the ICTA for inflammatory write-ups and hurting religious sentiments
in online platforms (for hurting religious sentiments). 43 However, the proceedings of the two
cases were challenged in the High Court Division, and on February 16, 2014, the Court ruled a
stay of proceedings for three months.44 This is the first time any accused has been charged under
the ICTA after it was amended. If their guilt is proved, they got punishment between seven and
fourteen years in prison or to fine up to BDT 10 million or both, under the amended provisions.

At present, in Bangladesh, trolling, making hate speech, or giving false status about a person or
an institution without any reliable information is the common cyber defamation, and most of the
people do not know in this regard.

4.4 Effects of Cyber Defamation: Defamation always affects the personal life of a person. Cyber
defamation may effect on relationships, being objectified and humiliated by scrutiny and gossip.
Suffering from public harassment and also the loss of trust in the environment. Cyber defamation
can destroy the reputation of a person. It may also a cause for economic loss, firing, and refusal
of a job opportunity. We are social; most of the things published on the internet are accessible by
everyone. When any cyber defamation is created or published about someone or anything which
means to him, then his position becomes weak. Although he is not guilty, the society makes him
43
Retrieved from http://www.globaltimes.cn/content/809498.shtml#.Ur1i4VGczIU <accessed on March 26, 2020>
44
The news of this stay proceedings was published on February 16 2014 in bangle in http://www.banglanews24.com
<accessed on March 30, 2020>
 23

guilty. These little things can lead to other problems as well as emotional disturbances 45. This
effect can be divided into the following points-

 Defeat
 Offense, embarrassment, self-blame
 Panic, fear, terrorism alone, or they will be harmed, others or pets. • feeling detached and
helpless to stop harassment
 Depression (all symptoms related to depression)
 Anxiety, panic attack, sleep disabilities - nightmares, ruminating
 Personality changes are more susceptible, introspective or aggressive
 Using self-medicines alcohol/medicine or prescribed medication
 Suicidal thoughts or attempts Cyber defamation can be a severe psychological problem.

After being attacked for cyber defamation, it affects both social and psychological problems.

45
A CRITICAL ANALYSIS OF VIOLANCE AGAINST WOMEN AND GIRLS IN THE DIGITAL AGE OF
BANGLADESH
http://dspace.daffodilvarsity.edu.bd:8080/bitstream/handle/123456789/2389/P13231%20%2826%25%29.pdf?
sequence=1&isAllowed=y <accessed on March 23, 2020>
 24

Chapter V: (Practical Application of Legal Protection)

5.1 How to tackle Cyber Defamation: Cyber Defamation is not a simple thing to stop overnight.
The only thing that could create any difference that is a strict and precise law. Most Western
countries have a clear and robust law on the ground of defamation that helps people understand
the depth of the crime and creates awareness. To tackle cybercrime effectively, establish
multidimensional public-private collaborations between law enforcement agencies, information
technology, information security organizations, internet companies, and financial institutions.
Unlike the real world, Cybercriminals do not fight one another for supremacy or control. Instead,
they work together to improve their skills and even help out each other with new opportunities.
Hence, the usual methods of fighting crime cannot be used against cybercriminals.

The best way to go about is by using the solutions provided by Cross-Domain Solutions46. This
allows organizations to use a unified system comprising of software and hardware that
authenticates both manual and automatic transfer and access to information. This grants
interrupted sharing and within a particular security catagory, approach information, but unable to
obstructed by or this security category aware to the user about the existence of thoese who has no
authority for this catagory. It is helpful to hold the network and makes the system of network for
use safe and secure. Some important step needs to follow47, which are48 -
 Use Strong Passwords
 Be social media savvy
 Secure Mobile Devices
 Protect data
 Protect identity online
 Keep computer current with the latest patches and updates
 Protect computer with security software
 Call the right person for help.

46
Cross Domain Solution https://www.cyber.gov.au/tags/cross-domain-solution <accessed on March 23, 2020>
47
http://www.cybercrimehelpline <accessed on March 29, 2020>
48
https://digitalpolice.gov.in, <accessed on March 28, 2020>
 25

 Manage public account with safeguard.

 Posting photos with conscious mind on social media platform.

5.2 Lacking of the Remedies: There is a maxim which is, "Prevention is better than cure." To
avoid any kind of cyber defamations, initially it is prefer to take preliminary step in technology.
These are technological precautionary affairs for prior prevention. Rather than demanding or to
find out in legal remedies the practical application or result and the deficiency which is
obtainable in Bangladesh to fixed the cyber defamations which claimed. Through the ICT Act
2006 section 57, it is being tried to locate all the probable grounds of cybercrime frequently
occurring, but there was no specific word for cyber defamation; however, it is repealed when the
Digital Security Act, 2018 came into force. Section 57 of the ICT Act just modified in Digital
Security Act, 2018. Digital Security Act carries all provisions of ICT Act section 57 but in a
broader manner. In Digital Security Act, 2018, there is provision for cyber defamation also
punishment, but none of those provisions define cyber defamation so that people can identify. In
such kinds of latest crimes a majority number of people have no knowledge and also not aware
about the process to get cure. Till now the Government are not established any Cyber Tribunal
and Cyber Appellate Tribunal, it may be a major reason that people are not aware about this
kinds of remedy. As well, the Digital Security Act, 2018 provides according the the provision , a
good number of other procedural and structural hurdles also exist which are as follows:

Above all, there is lackings of experience in judges and the lawyers that they understands the
legislation but they are not much skillful about technology for the procedure in tribunal,
particularly when it is a deals with digital internet technology. For that reason judges and lawyers
should acquire knowledge and experience in technology to ensure the equity and fairness in such
kind of cases. The ICT Act or Digital Security may instructed the to judges of Cyber Appellate
Tribunal but there is lackings of experts in this sector. Nevertheless, it is very difficult to pass
any judgment with depending on the other skill. The recent scenario of our country is that
heretofore, the Government are not taking any preperation to estalished judges as trained and
experienced so that they have proper idea and skill about technology to secure the equity and
fairness.
 26

Furthermore, according to the cyber-crimes no police officer can be the Investigation Officer if
the ranking lower than a Sub-Inspector.49 To achive skill or knowledge in technology has also
lackings of police officers, as like the judges that there also no effort or option to acquried
awaraness. As judges of the Cyber Appellate Tribunal, ICT Act has no specific legislation or
experts which accomodated the police officer. Because of this, defaults are create in
investigation of such circumstance by the police officer.

Finally, only established cyber tribunals are not brings liability of the Government in same way
should be developed the rules and regulations about the system, about the judges of tribunals
which offered.50 The rule of law used as a shield when the application of legislation execute
properly. Lacking in application of laws are the main reason for the enhancement of cyber
defamation in Bangladesh. Government should take fast and effective steps with proper planning
and pecuniary collaboratrion for the relief of such disputes.

5.3 Several new features as Legal Protection against Cybercrime: To protect from various crimes
the technological defense policy may result much better than legal remedy without any doubt, in
other sense, there is always a option of such defence which are not permanent. A group of people
can break the security wall of technology anytime who has strong knowledge in technology.
Hence, for the mentioned situation legal cure or other remedies are mandatory to defend.
Moreover the recent solution may established by the State with taking some new direction which
direction followed by some advanced state of the world.

The features are:

 Public awareness: Safety is more important for the technology precautionary as common
people become victims of cyber threats and computers corrupted. Therefore, only
awareness of people can give remedy from this kind of threats, predictable damages, and
prevent the threats, awareness may effective to give protection from the cybercriminals as
well as save the virtual world. The Government can play a vital role here.51

49
Sec: 82(2) (3), ICT Act, 2006.
50
Sec: 82(4), ICT Act, 2006.
51
RECENT TREND AND ISSUES OF CYBER CRIME IN BANGLADESH: AN ANALYTICAL STUDY
 27

Chapter VI: Conclusion (Findings and Recommendation)

6.1 Findings: Based on this research, the researcher found some problems; those are: -

 Digital Security Act, 2018 is not sufficient for dealings to cyber defamation.

file:///E:/Google%20Chrome
%20Downloads/RecentTrendandIssuesofCybercrimeinBangladeshAnAnalyticalStudy.pdf <accessed on April 8,
2020>
 28

 Digital Security Act's sections have not seen any significant changes after repealed
section 57 of the ICT Act, 2006.
 In Digital Security Act, 2018, punishment reduced in comparison with the ICT Act 2006,
regarding defamation.
 Confusing litigation process.
 Digital Security Act 2018 describes what lawful access is and what unlawful access is. It
is not so clear, and it is very controversial.
 There has no section that says about how to combat cyber defamation.
 The Pornography Control Act 2012 will not cover all sectors of cybercrime, but it
somehow linked with cyber defamation.
 Our Penal Code never talks about the cybercrime, but in section 13 of Penal Code, it
describes the similar offenses.
 Bangladesh Telecommunication Act 2001 deals with only cellular networks. It is not so
modern or not deals with cybercrime at all.

6.2 Recommendation: First of all, this paper suggests that it is vital to make a new sense of the
internet for all. We have to aware about that. Based on this research, the researcher found some
solutions, that is:

 After section 57 of the ICT Act repealed, Digital Security Act, 2018, should more
modernized.
 Every sort of hate-speech and cyberbullying should be treated as cyber defamation,
which tarnishes the image of a person or company.
 There should be a guideline to use social networking sites like to what extent we can
make trolls and make fun of people.
 Lawmaking authority should take some steps to use the section more significantly.
 An individual, independent body, and cyber-crime unit has to make to implement this law
who can use their power like police or another law enforcement agency.
 This body has to appoint scholars; who are well educated on the field of IT sector.
 It is essential to make a cyber-forensics lab
 Public awareness is most important to implement this law
 29

If we establish this recommendation, we can make a safe house on the internet at last.

6.3 Conclusion: The researcher wants to suggest to the current Government through this research
to enact the proper and effective cyber law, making an individual and independent body to
investigate in that matter only. In the present day, there is a new way of communication, and we
can see a dramatic change, we also see that the digital technology system is also changing.
However, the security system for using the internet is not strong enough. Based on this research,
the researcher founds that Bangladesh is a digital developing country, and the number of internet
user is rapidly increasing. However, we do not have enough defense to control them, that makes
Bangladesh a big target of cyber threats. For that reason, we can see problems like cyberbullying,
blackmailing etc. All types of crime also held by using the internet, but we do not have a proper
body to handle it. In Bangladesh, we can see many cyber defamation have come under public
attention in the last few years. One of those is a death threat to Sheikh Hasina and then Leader of
the Opposition. To treat the offenders are using emails, hacking of websites run by law
enforcement agencies, and defamation of private information of respected and popular
individuals of the country are some of the examples of cyber defamation in Bangladesh. In short,
we have to enforce a law on it.

In the evening, it is essential to say that, without proper education about the internet, we cannot
make a safe house on the internet. Indeed Bangladesh has cyber defamation law to curtail crime
but, society reaches a certain point that people are defaming others without giving a thought of
facing punishment.

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 30

 Cyber-crime affects society in different ways, Mohammad Anisur Rahaman Published:

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 31

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