In the age of globalisation, the modes and methods of communication are spreading enormously day by day. Among these various types and methods, internet is a glorious example of the modern communication. Most people take the positives from it but there may be some equipped to use this dynamic means of communication for ulterior purposes. Consequently, some people may suffer and there may be noise and chaos in the society. To address this, there should be realistic policies that the state can enforce to control and regulate such disorder.
The question here is: what should be the way of controlling the negative aspects? Can the state frame any arbitrary law which may be a tool to suppress the voices of opposing views or ideologies, as the case may be? To be more precise, can the state make laws which denies the rights of the citizens in violation of the constitution?
The ICT (amendment) Ordinance, 2013 provides for penal action in section 57, which says, "(1) 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. (2) Whoever commits offence under sub-section (1) of this section shall be punishable with imprisonment for a term which may not be less than seven years and more than fourteen years and with fine which may extend to Taka one crore." It also suggests that offences under sections 54, 56, 57, 61 are cognizable and non-bailable.
If we look at the above provision, we find in it a lack of clarity in defining the offence. We see that the law enforcers have been empowered with unlimited powers, providing as well for severe punishment. Besides, it runs at odds with the Right to information Act. To sum up, it may well be found as a serious deterrent to democracy and development.
One may see that the wordings in the section 57(1) are totally vague, and may create scopes of misuse by the various quarters including the state machinery. What type of information will 'tend to deprave' or 'corrupt persons' has not been clearly spelt out in the ordinance. The law enforcing authority has been given unlimited power to arrest any person, alleged to be involved in the 'offence'. Unless proved innocent, the accused will not be released on bail.
The general principle of law is that the liability to prove occurrence of offence lies upon the litigant. But since the offence is not bailable under the ICT (amended) ordinance, 2013, the accused is basically deemed to be guilty until and unless proven otherwise.
The Right to Information Act, 2009 has recognised the freedom of expression as an important fundamental right of the citizens and it has made easy dissemination of information from any governmental and non-governmental institutions. But in the ICT Act, there is no clarity as regards 'publication of information' and the type of information that may deprave and corrupt others. So, being afraid of punishment, people will stay away from posting their views on the internet.
Given the propensity to infringe upon people's right to information, there is a considerable possibility that the law may be misused in the name of preventing cyber crimes. It may create confusion, which can cause problems to anyone, any time. It also eases the way of sending anyone to jail without any sufficient cause. The Ordinance is riddled with legal irregularities and it poses a serious threat to exercising the right to freedom of expression in the country. The government should consider the above seriously in order that the law does not clash with the fundamental rights of citizens in a democracy.
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Autor(en)/Author(s): M D Monir
Quelle/Source: The Financial Express Bangladesh, 22.09.2013
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