Anybody may get tempted seeing the enticing question ''what's on your mind?" on the writing panel of 'their facebook page and may very well land in jail for writing what they truly had on their minds. One may argue that his facebook page is his personal thing or he has the constitutional right to freedom of speech, privacy etc but the truth is, one really cannot write whatever comes to his/her mind on facebook. There are a couple of laws that tell us what not to write on electronic and social media, for example, facebook, twitter, personal blog sites and for that matter, anywhere that goes public. Here is a brief guideline for our readers on what not to write on these social media:
• Fake, obscene or defaming information or comment in electronic form:
Section 57 of ICT Act 2006 prohibits publishing fake, obscene or defaming information in electronic form. It says that if any person deliberately publishes or transmits or causes to be published or transmitted in the website or in electronic form any material which is fake and obscene or its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it, or causes to deteriorate or creates possibility to deteriorate law and order, prejudice the image of the State or person or causes to hurt or may hurt religious belief or instigate against any person or organization, then this activity of his will be regarded as an offence.
And anyone who commits any of these acts shall face imprisonment for a term which may extend to 14 years and with fine which may extend to Taka one crore. Please note that the offence under this section is non-bailable and police may arrest without warrant.
• Comments containing hatred or contempt or hostility towards the Government:
Section 124A of the Penal Code says that whoever by words, either spoken or written, brings or attempts to bring into hatred or contempt, or excites or attempts to excite hostility towards, the Government established by law shall be punished with imprisonment for life or any shorter term, to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine.
• Comments hurting religious feelings and insulting the religion or the religious beliefs:
According to Section 295A of Penal Code, whoever, with deliberate and malicious intention of outraging the religious feelings of any class of the citizens of Bangladesh, by words, either spoken or written, or by visible representations insults or attempts to insult the religion or the religious beliefs of that class, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
• Comments that is defamatory:
Section 499 of Penal Code says, whoever by 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 believe that such imputation will harm, the reputation or such person, is said, except in the cases hereinafter excepted, to defame that person.
Compiled by Abdullah Al Arif
