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Cyber Crime

The document is a declaration and research report by Md. Akib Rayhan on the topic of cyber defamation in Trishal, Mymensingh, aimed at fulfilling academic requirements. It outlines the research's objectives, methodology, and significance, while also discussing the causes, legal frameworks, and impacts of cyber defamation. The study seeks to raise awareness and contribute to legal reforms regarding cyber defamation in the local context.

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0% found this document useful (0 votes)
72 views29 pages

Cyber Crime

The document is a declaration and research report by Md. Akib Rayhan on the topic of cyber defamation in Trishal, Mymensingh, aimed at fulfilling academic requirements. It outlines the research's objectives, methodology, and significance, while also discussing the causes, legal frameworks, and impacts of cyber defamation. The study seeks to raise awareness and contribute to legal reforms regarding cyber defamation in the local context.

Uploaded by

akib12220
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

1

Declaration

I, Md. Akib Rayhan, a students of Law and Justice Department at Jatiya Kabi Kazi Nazrul Islam
University, hereby declare that I am conducted a survey on Cyber Defamation in Trishal,
Mymensingh: Causes and effects” to fulfillment of the obligatory requirement for the second
year first semester. I have done the reasearch paper by mine and cordially help of my teammates
and my supervisor Umma Habiba Mou, Assistant Professor, Department of Law and Justice at
Jatiya Kabi Kazi Nazrul Islam University. I have collected information by visiting different
courts, thanas, schools, colleges, university, and by reading several books, articles newspapers
and compositions.

Md. Akib Rayhan


Roll: 23153551
Reg: 12220
Dept. of Law and Justice
Jatiya Kabi Kazi Nazrul Islam University
Trishal, Mymensingh
2

Acknowledgements
At first, I am thankful to Almighty Allah for His endless blessing, without it I won’t be able to
deliver the report. I have tried my best to make the report. All the group members have worked
heartfully and with soul in making of the report for us. They helped me collecting data from the
company. I am grateful to the Almighty for making me capable to finish the report on time. I
would like to acknowledge the people who gave me all the help that I need to do this report.
My utmost thanks to our group supervisor Umma Habiba Mou, Assistant Professor, Department
of Law and Justice, JKKNIU, for her support and well management. She helped us to understand
the topic and she helped us how to overcome all the obstacles for finishing the report. I also want
to thank the honorable teachers from the Department of Law and Justice for their consecutive
support and for giving me the opportunity for gaining experience through field work.
I have tried my level best. But there could be some mistake and I am apologized for any
unwanted mistake. My efforts maybe great and I follow the instructions to finish the report. I
appreciate all the help we get; without them the report wouldn’t be possible.
3

Table of the contents

Chapter 1
Introduction _______________________________________________________________08
1.1: Introduction
1.2: Object of the study
1.3: Research Questions
1.4: Methodology
1.5: Significance of the study
1.6: Literature review
1.7: Challenges and Limitations
1.8: Conclusion

Chapter 2
Causes of Cyber Defamation ______________________________________________10
2.1: Introduction
2.2: Malicious intention
2.3: Lack of Cyber awareness
2.4: Revenge of personal grudges and personal rivalry
2.5: Cyber bullying and fake news
2.6: Conclusion

Chapter 3
Revisiting the laws________________________________________________________12
4

3.1: Introduction
3.2: General laws related to Cyber defamation
3.3: International laws related to cyber defamation
3.4: Implication of laws of cyber defamation in Trishal Upazila, Mymensingh
3.5: Limitations of the laws
3.6: Conclusion

Chapter 4
Findings and discussion __________________________________________________19
4.1: Introduction
4.2: Victims’ review
4.3: Effects of Cyber Defamation
4.4: Finding data, discussion and data analysis
4.5: Conclusion

Chapter 5
Recommendations and conclusion________________________________________28

Bibliography _________________________________________________________30
5

Chapter 1 – Introduction
1.1: Introduction
The present era is the age of information technology and modern lifestyle. In this era, the internet
as well as social media has become an undeniable part of our lives, connecting us to the world
we never imagined. It’s a powerful tool for communication and data sharing, but being a
powerful tool, it can be misused. A growing concern is cyber defamation and cyber bullying –
the spreading of false and damaging information online. This isn’t just a global issue; it affects
communities everywhere, and this research focuses on its impact right here in, Trishal Upazila,
Mymensingh. As more people in Trishal gaining access to the internet, we’re seeing an increase
in this type of online harassment. We want to understand why this is happening. We want to find
out who are the main victims of such kind of harassment and what are the objectives of the
miscreants. More importantly, we want to know the real-world consequences. We want to
explore the psychological, social, and even economic impacts for cyber defamation.
Furthermore, we want to find out the punishment and legal remedies under different laws. By
exploring these issues – the causes and the effects – we hope to shed light on this issue in Trishal.
Our goal is to contribute to a better understanding of cyber defamation so we can work together
to create a safer and more respectful online environment for everyone.

1.2: Object of the study


 To identify the factors affecting Cyber defamation in Trishal area.
 To analyze the correlation between the variables for cyber-crime in Trishal.
 To analyze the impact of cyber defamation cyber awareness in Trishal.
 To provide for exemptions under defamation.
 To discuss online or cyber defamation.

1.3: Research Questions


The research has tried to find out the following question: -
1. Whether laws related to cyber defamation are adequate or not.
2. Whether victims of cyber defamation can access to Justice or not.
3. What is the role of authorities in protecting and preventing cyber defamation.
4. And how the authorities victims to get proper Justice.
6

1.4: Methodology
The legal websites, journals, commentaries, textbooks, articles, etc. are referred for secondary
data collection. It focuses about qualitative data collection methods. The general research frame
work is on Legal research methodology indicates legal activities with case laws comments.
Researcher has also added comparative and critical analysis to the research topic.

1.5: Significance of the Study


The research on cyber defamation in Trishal Upazila will be important on many grounds: first,
the topic itself being relatively less explored domain in Bangladeshi context and is confined to
localized community-this localized approach thus provides depth in terms of specific socio-
cultural factors influencing cyber defamation in Trishal. It will be an important study to make the
community members, policy, and law enforcement agencies aware of the prevalence and impacts
of cyber defamation, which would be useful in developing effective ways of prevention and
intervention. The findings from the research can help in creating more specific educational
programs and legal reforms about cyber defamation. The fourth important contribution could be
that this study can give voice to victims’ experiences and hence help gain a better understanding
of the needs of the victims of this crime. This research will finally help in creating a baseline for
future research studies on cybercrime and online safety in similar rural or semi-urban areas of
Bangladesh, thereby helping in improving the understanding of the issue at the national level.

1.6: Literature Review


In the globally connected age, cyber defamation generates significant challenges to individuals,
societies, and legal systems. In Bangladesh, the Information and Communication Technology Act
of 2006, the Penal Code of 1860, and the Digital Security Act of 2018 all includes the provisions
against defamation. However, its implementation has faced numerous obstacles. The literature
review evaluates Bangladesh’s legal framework in addressing cyber defamation from @n
international law perspective. A study by Md Saiful Islam on ‘Legal Framework for Cyber
Defamation in Bangladesh: A critical Analysis’ has carried out more detailed definition and the
elements which shows that how a person is victimized for defamation and the identification.
Another study by Md. Abu Bakar Siddik and Saida Talukdar Rahi on “Cybercrime in Social
Media and Analysis of Existing Legal Framework: Bangladesh in Context.” Has discussed the
existing laws regarding cyber defamation in social media and how it is being misused. Another
study by Shahin Alam and Md. Zahidul Islam on “Offensive Statements on Social Networking
Platforms with the special reference to Cyber Defamation: A Comparative Analysis between
Malaysia and Bangladesh” has discussed how social media platforms are increasing the rate of
cybercrimes, especially cyber defamation and how the situation is compared internationally. The
paper aims to identify the advantages, disadvantages, and possible gaps in the legal framework of
cyber defamation in Bangladesh by analyzing significant scholarly articles, reports, and legal
cases. The author recommended that the government and organizations should carry out cyber
7

education and encourage awareness campaign to aware people about the cyber defamation. The
literature identifies and promotes to practice within the law and not to misuse the law to increase
cyber offences.

1.7: Challenges and Limitations


The limitations of this paper on cyber defamation in Trishal Upazila are that it is difficult to
receive actual data on cyber defamation incidents, as the statistics may be hard to find, and most
victims do not report such incidents. It may also be tricky to define what cyber defamation
actually entails and understands how local culture influences it. The results of the study may not
be generalized in other industries. Limitations of resources will also restrict the research scope.
There are also various ethical considerations like privacy among people that have to be duly
considered. In essence, the fast changing nature of the online wrongdoing is going to make the
findings no longer in use even sooner.

1.8: Conclusion
This research aims to understand the complex dynamics of cyber defamation in Trishal Upazila,
Mymensingh. Our goal is to contribute to a better understanding of the local context surrounding
this phenomenon by scrutinizing its prevalence, manifestations, motives and consequences. The
current study will also analyze the current legal frameworks and social tools employed in dealing
with cyber defamation, to identify existing gaps, suggesting recommendations for better
prevention and redressal policy. This study ultimately strives to sensitize the problem and ensure
a more secure and responsible networking experience in the community.

Chapter 2 – Causes of Cyber Defamation


2.1: Introduction
Cyber defamation is one way of harming somebody’s reputation through some false statements
online, being a common evil in this digitally connected world. The internet gives rapid
dissemination of information, while anonymity acts as fertile ground for spreading defamatory
content. Basically, knowing the roots will help develop appropriate strategies to counter this
phenomenon. The study of cyber defamation is pegged on different contributing factors, such as
motives of the perpetrators, social media platforms, psychological consequences on victims, and
legal challenges within the context of the issue. These contributing factors, taken into
consideration, may provide useful insights to help draw from the dynamics surrounding cyber
defamation to make the online environment safe and respectful.

2.2: Malicious intention


8

Malicious intention, a critical event in cyber defamation, means a conscious and deliberate desire
to injure another’s honour and reputation through the spreading of false and defamatory
information. In the context of cyber defamation, it signifies that the publication of false and
defamatory statements online was not unintentionally or negligently, rather an intentional attempt
undertaken with the specific purpose of causing harm to that person’s reputation. Actually, it
means that the main purpose of cyber defamation is malicious or slanderous intention to affect
one’s reputation through false statement online.

2.3: Lack of Cyber awareness


Lack of cyber awareness can establish cyber defamation. People underestimate the effects of
online words, thinking they’re anonymous or “just joking.” Emotional posting and ignorance of
laws of cyber defamation avail, as does the normalization of online harassment. Essentially,
many people don’t access the real-world consequences of their online actions. For ignorance and
lack of knowledge about the laws of cyber defamation, they think that their actions are nothing
even if it harms the reputation of the victim through online harassment.

2.4: Revenge of personal grudges and personal rivalry


Revenge of personal grudges and rivalry can form cyber defamation when individuals seek to
grasp the internet to strike reputational damage upon their adversaries. Rather than addressing
conflicts through traditional means, some may resort to issue false and defamatory information
online, aiming to publicly humiliate, harass or otherwise harm their target. Some people with the
intention of taking revenge, does such type of cyber defamatory acts like lowering that person’s
dignity online only for the purpose of personal grudges. This misuse of online platforms
transforms personal disputes into a ground of cyber defamation, often with far-reaching and
lasting consequences for the victim’s reputation and well-being.

2.5: Cyber bullying and fake news


The main element of cyber defamation is the malicious intention to harm one’s reputation as well
as dishonoring that person and the intention of spreading falls and defamatory statements against
that person. It can be done by single individual or a group of peoples. Some of them does this
such type of misdeeds with the intention of making money by threatening that person or
harassing through online spreading fake news about him even though the news is not true or
logical.

2.6: Conclusion
All criminal organizations have specific reasons and slanderous intention, cyber defamation is no
exception. Based on the above mentioned points, it can be said that, cyber defamation is caused
by lack of awareness, lack of knowledge of laws related to cyber defamation, enmity, emotional
reaction, mentality of cyber harassment and cyber bullying, social media culture, lack of
9

regulation and so on. Whatever, only by raising public awareness and implementing the laws
properly, can this problem be diminished from society gradually.

Chapter 3 – Revisiting the laws


3.1: Introduction
As cyber defamation is increasing at a geometrical rate in Trishal Upazila as well as in the whole
Bangladesh, many laws and regulations have been raised and some arising nowadays based on
different situations. In addition, the Acts named Information and Communication Technology
Act 2000, International Covenant on Civil and Political Rights, The Budapest Convention on
Cybercrimes, The Communication and Multimedia Act 1998, The Computers
Crimes Act 1997, The Data Protection Act 2018, The Data Protection Bill 2022, The Cyber
Security Act 2023, The Information and Communication Technology Act 2006, The Penal Code
1860 etc. states about the laws related to cyber defamation, its definition and punishment. Some
of them are discussed in this chapter.

3.2: General laws related to Cyber defamation in Bangladesh


The legal regime governing cyber defamation in Bangladesh is still in its infancy, and there is a
lack of clarity on how to deal with this problem. Laws from different ranges may be used to seek
legal remedies against cyber defamation. Cyber defamation is punishable under current statutory
provisions by imposing financial penalty or imprisonment in Bangladesh. The Digital Security
Act 2018, the Pornography Control Act 2012 and the Information and & Communication
Technology Act (ICT) 2006 are regulations that expressly regulate digital activities in
Bangladesh. Cyber crimes are prosecuted by the Cyber Crimes Tribunal, which was formed
under the amendment of the ICT Act 2013. The nature and the seriousness of the offence
determine the punishment for crimes committed in cyberspace.
A. Cyber defamation under the Penal Code 1860
Bangladesh defines defamation as an act of crime rather than a civil wrong. Furthermore, given
that the conditions under the Penal Code are met, there is no differentiation regarding verbal or
textual remarks under the existing criminal law of defamation. According to the Code, “whoever
creates or publishes any imputations about any individual with the intention to damage,
understand or believes that such imputations may harm, or by statements either said or meant to
be heard, by gesture or visual representations, shall be held liable to commit the offence of
defamation.” The Code also describes some general exceptions under which a statement cannot
be considered defamation. Whoever commits this crime described in the provision of the Act
shall be punished with imprisonment not exceeding 2 years or fine or both. The Code further
states that it is unlawful for anybody to insult a woman’s dignity by defamatory language,
gestures, or other acts with the intention that the woman would listen, witness, or otherwise come
into contact with it. The Code also punishes those who disparage others with the intent to defame
10

or breach public tranquility, resulting in an offence punishable with a two-year imprisonment, or


fine, or both. In existing Bangladeshi laws, it is also possible to file a tort claim and seek
damages for the creation and publication of any defamatory remark for those who have been
defamed. In the case of Safia Zerin v. Mohammad Saifur Rahman, it was held that “when
defamatory statements are made to injure a person’s reputation, the person who suffers the loss is
entitled to be compensated by the person who caused it.” This means that if a person has been
defamed, they can sue the person who made the defamatory statement for any harm or loss they
may have suffered.
B. Cyber Defamation under the ICT Act 2006
The ICT Act 2006 was passed in Bangladesh to prevent cybercrimes, including defamation
Carried out in cyberspace. In May 2010, Facebook was prohibited by the state under sections 46
and 57 of the ICT Act. Sections 46 and 57 of the ICT Act were questioned in the High Court
Division of the Supreme Court of Bangladesh by Barrister Arafat Husen Khan, Kazi Ataul-Al-
Osman, and Rokeya Chowdhury after the announcement of the prohibition. On August 20, 2013,
the government issued an order regarding amendment of the Information and communication
Technology Act, 2006. The Act of 2006 had several legal limitations as well as safety measures.
However, the modification removed several legal barriers that had previously existed such as
apprehending suspects without a warrant while such offences were being investigated. Following
this provision, a basic, ordinary Internet statement may be considered a violation, like
cybercrime where it causes a third party to act dishonestly or illegally, and the government
agrees. There were no rules defining whatever constitutes “obscene” material or whatever might
affect the “image of state” under Section 57. A comparable vague and confusing definition of an
offence is “causes to degrade or generates a chance to degrade law and orders.”
It makes hard for a person to determine which behavior or action will constitute an offence.
Furthermore, Section 57 of the ICT Act violates various international treaties and conventions,
most importantly Article 19 of the International covenant on Civil and Political Rights (ICCPR)
which Bangladesh has signed on September 6, 2000. The restrictions on freedom of speech and
opinion imposed by section 57 extend beyond the permitted limit by article 19(3) of the ICCPR
and are not essential or appropriate in achieving a reasonable goal
Section 57 of the ICT Act 2006 was repealed due to widespread criticism and protests from
human rights groups, journalists, and civil society organizations. The provision was widely seen
as vague, overly broad, and prone to misuse, leading to numerous arrests and detentions of
individuals who were critical of the government or expressed their opinions on social media
platforms. The repeal of Section 57 has had a positive impact on freedom of expression and
human rights in Bangladesh, as it has removed a legal tool that could be used to stifle dissent and
criticism of the government.
C. Cyber Defamation under the Cyber Security Act, 2023
11

The recently passed Cyber Security Act of 2023 includes restrictions against cyber defamation.
The Act repealed the previous one named Digital Security Act, 2018. According to the act of
2023, it is unlawful for anybody to knowingly connect with a critical information infrastructure
illegally, alter it, or attempt to render it deteriorated. These actions are also punishable by
imposing fines or imprisonment. The Act further states that it is illegal for anybody to use
cyberspace to spread propaganda or launch a campaign that disparages the Father of the Nation,
the National Anthem, or the National Flag and Anthem of Bangladesh, as well as the ideology of
the War for Independence in 1971. The Act states that if anyone discloses or propagates any data
information by using an online platform or other electronic platforms with an intention that they
know to be untrue, insulting, or intimidating to irritate, offend, embarrass, or defame a person, or
discloses or perpetuates or assists in the publication or propagation of any details that they know
to be misinformation or falsified with an effort to harm the public image of an individual, such a
person shall be penalized.

D. Cyber Defamation under the Proposed Data Protection Bill 2022


The proposed Data Protection Bill 2022 includes provisions that address cyber defamation. The
bill aims to protect the privacy and personal data of individuals and creates a legal framework for
the collection, use, and disclosure of personal data. Under the proposed law, any act of
publishing or distributing defamatory information online or through any digital means that harms
an individual’s reputation or image would be considered a violation of data protection. The bill
provides individuals with the right to seek remedies for such violations. This includes the right to
file a complaint with the Data Protection Authority, which is established under the proposed law,
and seek compensation for any damages suffered due to this. The proposed law also requires
prevention of cyber defamation and other data protection violations by implementing appropriate
technical and organizational measures.
The bill states that any person who processes personal data in a manner that causes damage or
distress to another person shall be liable to pay compensation. The bill provides punishment for
offences related to the unauthorized disclosure of personal data.

E. Current Situation of Cyber Defamation in Bangladesh


By 2006, Bangladesh had no laws governing cybercrimes or crimes using the internet, but an
attempt was made to charge high-tech criminals with crimes under the Penal Code 1860 that was
in effect at the time. The Pornography Control Act of 2012, and the ICT Act of 2006 (as
Amended in 2013) were measures for preventing Cybercrimes. Defamation in cyberspace has
lessened overall after the implementation of the Digital Security Act 2018. The Cyber Security
Act of 2023 replaced the previous legislation after government amendments. Many critics argue
that these acts are increasingly being misused in Bangladesh. Many persons had been detained,
and numerous cases had been brought under these acts. A different time saw attacks on minority
religious groups that were accused of blasphemy via the Internet. Through a Facebook post, a
12

group of religious people in Rangamati demanded the death penalty for Shaon Bishash and
China Patowary for misusing the Islamic religion. Pallab Ahmed, a student at Jahangirnagar
University, was accused of making caddish remarks against the Prophet Muhammad on his social
media account. Despite withdrawing his statement, he was nonetheless arrested. Some recent
occurrences in Bangladesh involved violence and burning and were caused by or were based on
Facebook activities Facebook and other social media platforms were mostly used in these
occurrences as a weapon to flare up hatred and violence. On the internet, offensive remarks are
frequently made against women who adhere to a specific political, religious, or social
perspective or who are engaged in public activities. Bangladesh has a higher proportion of
female victims of cyberbullying/defamation than male victims, at 73%.

3.3: International laws related to Cyber defamation


A. Country Analysis of Cyber Defamation Law
i. Indian Scenario
There are some specific provisions in Indian Justice System in preventing defamation through
cyberspace which have different applicability relying on the sort of crime the accused has
performed. Several legal provisions provide penalties for cyber defamation. The Indian Penal
Code, 1860 describes about wide ranges of scopes that if anybody speaks or publishes any
defamatory statements about other individual with an intention to hurt, or knowing or having
cause to suspect that such statements would affect the person’s honour, the person accused of
such acts shall be held liable for defamation.52 After the passing of the Information and
Communication Technology Act 2000 of India, the terms related to defamation through
cyberspace were included in the previously mentioned section which results in punishment of
imprisonment with a term for
Two years, or fine, or with both. The Indian Penal Code 1860 outlines the crime of using emails
through cyberspace and other internet communications to harm or harass someone’s reputation or
property. Commitment of such crime results in punishment of imprisonment with a term for two
years, or fine, or with both. Although cyber defamation is not specifically addressed under
Section 66A of the information and Communication Technology Act of 2000, it is illegal to
distribute defamatory statements with the purpose of contempt, harm, or criminal intimidation
under this section. This provision was repealed following the ‘Shreya Singhal and Others. V.
Union of India’ case because the term “offensive” was not defined in the section and seen as a
violation of fundamental rights. The case challenged the constitutional validity of Section 66A of
the Information Technology Act, which criminalized the sending of offensive messages over the
internet. The Supreme Court of India struck down Section 66A, stating that it violated the right
to freedom of speech and expression guaranteed by the Indian Constitution.
ii. Malaysian Scenario
13

The primary legislation that was enacted to govern cybercrimes in Malaysia is the Computer
Crimes Act 1997, where unauthorized access or unauthorized alteration to computer materials
are deemed to be cybercrimes under law. The Act was created to ensure protection against
computer misuse and illicit computer activity, but it makes no mention of making offensive
statements on Internet platforms or computer-based cyber defamation. The Malaysian
communication and Multimedia Act of 1998 (hereafter referred to as CMA) is pertinent in order
to control defamation committed in cyberspace. The CMA’s goals include regulating the
convergent telecommunications and multimedia industries and dealing with unrelated issues. The
CMA 1998 forbids the posting of inflammatory materials online. If the provider of the content
applications service or another person, using the service provides any content that is indecent,
obscene, false, menacing, or offensive in nature with the intent to annoy, abuse, threaten, or
harass any person, that is considered an offence and punishable by up to one year in prison, a
fine of up to Ringgit 50000, or both. It also stipulates that if the convicted individual continues to
commit the same crime, he would be subject to an additional fine of Ringgit 1000 for each day
the crime is committed after the conviction. In addition, improper use of network resources or
services is also prohibited. Inappropriate use of network resources or services as described in this
section is a violation of law and will result in the penalties listed in the act.

iii. UK Scenario
The of the instruments available to combat fake news or defamation, is the Defamation Act of
2013. Before filing a lawsuit, both businesses and individuals must demonstrate that the content
seriously damaged their reputation and, in the case of businesses, that it resulted in significant
financial loss. The UK Government has attempted to support social media platforms like
WhatsApp, Facebook, Instagram, and Twitter by enforcing these laws. These platforms gave
them the financial resources to conduct research and advance serious digital literacy, including
user understanding of the dubious political potential of digital media. In an effort to give social
media platform users the best possible data protection, the Data Protection Act of 2018 has
relinquished regulatory responsibility to the authorities to track down false assertions made on
social media. However, it is obvious that while these rules help identify and battle cyber
defamation, they do not completely prevent it. The Media Commission of the British Parliament
has declared that it will support the adoption of new regulations prohibiting the spread of cyber-
disinformation and the manipulation of data via social media.67 The regulations that need to be
approved have as their goal requiring these businesses to own the material on their platforms.68
It will be suggested that these service providers be required to act against fraudulent or unlawful
contents and their security system undergo routine audits. Authorities are going to fine social
media for breaking the British data protection law and failing to effectively protect the privacy of
its users, which might amount to 500 thousand euros, in response to the growing problem of
cyber-defamation.

3.4: Implication of laws of Cyber Defamation in Trishal, Mymensingh


14

Bangladesh’s recent legal reforms regarding cyber defamation have replaced custodial sentences
with substantial financial penalties and Trishal Upazila is not an exception to this. This shift has
generated considerable discussion, with some expressing apprehension about a potential increase
in online defamation due to the removal of imprisonment as a deterrent. Conversely, proponents
argue that financial sanctions offer a more appropriate and potentially more effective means of
addressing this issue. Given the regency of these legislative changes, their long-term impact on
online discourse and their practical application remains to be observed and will require careful
analysis which are also can be implemented in Trishal Upazila, Mymensingh.

3.5: Limitations of the Laws


Cyber defamation laws are really difficult to enforce. Because the internet is global, it’s hard to
determine the location where the harmful statement originated. Anonymity online makes it
tough to identify the person responsible, and even if they’re identified, digital evidence can be
easily altered or deleted, making prosecution a challenge. There’s also the constant struggle to
balance freedom of speech with the right to protect one’s reputation. Online defamation spreads
rapidly, while legal processes are slow, often making the legal recourse ineffective. Furthermore,
technology evolves so quickly that laws struggle to keep pace, and many people are unaware of
their rights regarding online defamation. Finally, the patchwork of different legal jurisdictions
complicates matters further, as what constitutes defamation can vary significantly from place to
place.

3.6: Conclusion
Social media defamation laws aim to balance freedom of expression with the protection of
individuals from false and harmful statements. Both the person making the defamatory statement
and, in some cases, the platform hosting the content have to be held accountable. Victims may
seek compensation, revocation, or even criminal punishment in some jurisdictions. Social media
defamation laws are crucial for protecting reputations, but must be carefully enforced to avoid
infringing on free speech. Effective enforcement requires a balance between legal accountability
and digital rights.

Chapter 4 – Findings and discussion


4.1: Introduction
This chapter is going to present analytical results of in-depth analysis of cyber defamation in
Trishal, Mymensingh. The studies uncovered various aspects of impact of digital media’s and
technologies’ on social-cultural and psychological aspect of local society. The key results,
interpretations of qualitative analysis, and interpretations of such analyses would be elaborated in
detail to present in-depth knowledge of existing transformations. Summarizing such
15

observations, it is our endeavor to present a broad picture of multidimensional impact of cyber


defamation, striking patterns, implications, and mitigation strategies applicable to this realm.

4.2: Victims’ review


The survey is conducted in the Trishal Upazila, Mymensingh area. We went to the Trishal Thana,
Trishal; Kotowali Model Thana, Mymensingh; Cyber Tribunal, Mymensingh; etc. places for the
survey and talked to officials, advocates and legal authorities.
To get better result, both officials and legal authorities are included in the survey. About a total of
100 people are question about cyber defamation.

This survey shows that about 53% people of per 100 are the students who are the direct big
teams of cyber defamation. The 29 % of them States about the victims of cyber defamation who
are mainly non government of employees. The rest 18% symbolizes the amount of the victims of
cyber defamation who are mainly governmental employees.

Individual questions we did:


1. Do you know about cyber defamation?
16

Yes No
44% 56%
17

Cyber Tribunal, Mymensingh


18

Kotowali Model Thana, Mymensingh


19

2. Have you seen ever been a victim of cyber defamation?

Yes No
63% 37%

3. Were you defamed by any social media?

Yes No
54% 46%

4. Do you know whether legal actions can be taken if any such defamation occurs?

Yes No
69.50% 30.50%

5. Did you take any legal steps by going to the Police Station or to the Court?

Yes No
52% 48%

6. Did you guess the person who did the crime to you?

Yes No
12% 88%
20

7. Do you have any screenshot or malicious information that was spread falsely?

Yes No
89% 11%

8. Are you satisfied with the remedy and the compensation?

Yes No
9% 91%

From the answers to the above questions we can conclude that most of the victims are not ever
about the laws related to cyber defamation and some of them are afraid of going to the police
station or to the court and some of them feels ashamed to reveal the incident. On the other hand,
it is seen that the laws related to cyber defamation are lengthy and less effective and sometimes it
is found to be not working and some cases, the legal authorities are careless about implementing
the regulation of the laws and providing the service in proper way.

4.3: Effects of Cyber Defamation


For Individuals:
* Emotional Distress: Being harassed and defamed by cyber defamation can cause effective
emotional pain, leading to anxiety, depression, and even traumatic stress disorder.
* Reputational Damage: False accusations and defamatory statements can harshly stain a
person’s reputation, making it difficult to find jobs, maintaining relationships and participating in
social life.
* Social Isolation: Victims can experience social isolation because of having distance from their
friends, family members, near and dear ones and colleagues themselves due to the false news
spread online.
21

* Financial Loss: In some cases, cyber defamation can lead to financial losses, such as losing a
job or business opportunities or even by losing the shares of a company or a partner business.

For Businesses:
* Loss of Customers: Negative impression and false accusations can obstruct the potential of the
customers, leading to a downfall in sales and income.
* Brand Damage: Cyber defamation can harm a company’s brand reputation, making it difficult
to regain consumer trust.
* Financial Losses: Businesses may suffer significant financial losses due to decreased sales,
legal fees, and the cost of repairing their reputation.
* Loss of Business Opportunities: Cyber defamation can make it difficult for businesses to
secure partnerships, investments, and other opportunities for growth or can deter the
opportunities of freelancing, e-financing and so on.

Additional Considerations:
* Anonymity and Virality: The anonymity and rapid spread of information online can intensify
the effects of cyber defamation, making it difficult to control the damage.
* Long-Term Impact: Even after the defamatory content is removed, the damage to reputation
and emotional stresses can be long-lasting.

4.4: Finding data, discussion and data analysis


For the purpose of gathering knowledge, data and reviews of the victims of Cyber defamation,
we talked to many students of schools, colleges and Jatiya Kabi Kazi Nazrul Islam University,
government employees, non government employees, legal authorities and others of different
ages. But we faced a significant challenge that lots of them tried to skip the conversation about
cyber
22

defamation they have ever faced and felt ashamed of sharing the matter with us. Through some
challenges, we tried to manage a large amount of information. From the above chart it is found
that how people are affected by cyber defamation in different social media. The rate of victims of
cyber defamation as students is 66.50% by Facebook, 43.50% by

WhatsApp, 30 % by Imo, 20% by Gmail and 28.67% by other grounds. As a governmental

employee, the rates are 21.30% by Facebook, 34% by WhatsApp, 37.50% by Imo, 35% by
Gmail and the rest 45.33% by others. In case of non-governmental employees, the rates fluctuate
like 12.20% by Facebook, 22.50% by WhatsApp, 32.50% by Imo, 45% by Gmail and the rest
26% by other grounds.
23

A different server shows that the percentage of social media which makes people the victims of
cyber defamation. Greatly Facebook has the biggest percentage of 33% where Whatsapp has
13%, Instagram has the 2nd biggest portion of 28%, Imo 18% and others have 8%. According to
all of these, it can be said that Facebook and Instagram has the biggest risk for the victims.
24

In another survey, we try to find out the rate of genders that how much males or females are
affected by cyber defamation. The greater portion of the victims in the survey are females. It
means that females are the most affected by cyber defamation.
From the chart, we can find out that among per 100 people, 63% are affected by cyber
defamation fire 45 people are female and 18 people are male at the age range of 20-30. In the
range 31-40, there are 17 victims per 100 where 12 are female and 5 are male. For 41-50, 13
victims are found where 9 people are female and four are male. In case of the range of 51-60,
there are 7 people per 100 where 5 are female and 2 are male.

We also had a research in which where we tried to find out that about which gender are the main
victims of cyber defamation among all the students talked. We found that in every 100 student,
there are 68% female students who becomes the victims of cyber defamation where male
students’ percentage is 32% which shows that female students are being affected at a huge rate.
25

In another survey, we wanted to find out that how much people knows about the legal steps
against the cyber defamation and about which amount of people takes legal steps where we
found that 95% people doesn't know about it and don't try to take legal necessary steps where
only 5% people tries to take legal steps and to get legal remedies.
In essence, after researching and analyzing all data, I have found that the peoples from the age
range of 20 – 30 are the most affected by cyber defamation as they are the regular user of online.
Additionally, ignorance and lack of knowledge about the laws related to cyber defamation,
feeling a shame for sharing the incident are taking any legal actions for the purpose of gaining
remedies and compensation as well, lickings of the laws, carelessness of the legal authorities and
carelessness of the government for implementing the laws properly are the main obstruction of
preventing as well as serving the web teams with legal remedies.

4.5: Conclusion
According to the above discussion of this chapter, it can easily be said that all the data and
documents show the measurements of the elements of cyber defamation, the uses of the laws in
practical life, perspectives and feedback of the victims, lickings of the laws and the legal
authorities etc. Through all of these, this paper will help to find out the problems and the
solutions so transparently.

Chapter 5 – Recommendations and Conclusion


26

Recommendations:
Policy Amendment:
 The current Cyber Security Act of 2023 should specify terms like “cyber defamation,”
“cyberbullying,” “cyber harassment,” “cyberstalking” etc. among other terminology.
Comprehensive nationwide debate is required on the statutes, especially to minimize
abuses and distinguish between the terms “freedom of expression” and “defamation.”
 For government and judiciary personnel such as judges, attorneys, police officers, etc.,
education, training and awareness programs on cyberspace legislation, digital surface and
online protection must be implemented.
Cyber Education:
The educational institutions must include coursework on cyber world, cybercrime, and protection
of rights in cyberspace. To do that properly, the nation’s current socioeconomic development
must be made immediately.
Employment:
The Government should promote the professionals by offering jobs or financing so that they may
support the government with their suggestions on prevention of cyber-defamation in order to
make the legislation to be more functional. More cyber professionals should be employed so that
this problem can be mitigated gradually
Co-operation between the Government and the Public:
For the government, security department, legal institution, intelligence, and other institutions to
prevent cybercrimes including cyber defamation, we must have a thorough awareness of the
internet technology. Since criminals are an integral element of a country or society, everyone’s
assistance, co-operation, and collaboration are needed to prevent cybercrimes including cyber
defamation. The inadequacy of the community and the state to protect people’s safety and dignity
in both personal and social life is exposed by cybercrime. A system of silence constrains people
from accessing justice or speaking up regarding these issues. People who are impacted by
cybercrime, particularly those who are the targets of cyber defamation, cause intense
psychological suffering as well as several negative outcomes. Additionally, the plan of operation
must be followed to maximize the effectiveness of the existing laws regarding cyber defamation.
Finally, we must keep in mind that technology is a dynamic force that is always evolving equally
in the real universe and the digital universe. To ensure our continued existence, we must develop
the greatest capacity to combat this constant evolution.

Implementing the laws properly


27

The government should be more careful and prompter about implementing all the laws related to
cyber defamation and providing proper legal remedies and services and should take all necessary
steps to reduce the incident of Cyber deformation.

Conclusion:
The study on “Cyber Defamation in Trishal , Mymensingh : Causes and effects” shows all the
particular problems, limitations, mistakes, internal fear of the victims, criminal mentality,
lackings of the laws , carelessness of the government in implementing the laws throughout the
country as well as enforcing them properly etc. makes the way easier for forming cyber
defamation and cyber bullying. Though all the lackings as well as the problems, the paper is also
worthy of analyzing and showing up the faults and also providing recommendations by which all
the problems and lackings can be reduced in the proper way based on all the steps necessary.

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