The ICT was originally enacted by the government of Prime Minister Khaleda Zia in November 2006 to regulate digital communications. In 2013, Sheikh Hasina’s government toughened the ICT Act, eliminating the need for arrest warrants.
The maximum jail term for offences under the law was increased to 14 years from 10 years with the 2013 amendment, and offences under Section 57 of the law were made non-bailable.
Section 57 of the Act authorizes prosecution of anyone who publishes, in electronic form, material deemed fake, obscene, defamatory, or any material that tends to deprave or corrupt its audience. It also allows for prosecution if any material causes, or may cause any deterioration in law and order; prejudices the image of the state, or a person; or causes, or may cause hurt to religious beliefs.
A Human Rights Watch report this year noted that the “broad and sweeping” terms of the law invite its misuse. It found that between 2013 and April 2018, police submitted 1,271 chargesheets under the law, most under Section 57 of the Act.
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