Parliament. With a few significant changes, the Act of 2006 remains unchanged with all its
discrepancies. Therefore, the understanding of the original Act of 2006 is necessary to
understand the subsequent changes. The Information and Communication Technology (ICT) Act
2006 provides the legal framework for regulation in respect to freedom of online expression.
Several provisions in both the ICT law and the recent drafts are incompatible with international
standards on online freedom of expression; they include broad content-based restrictions. Parts
of the ICT law are ambiguous and disproportionately criminalize several areas of expression
which are generally legitimate. The use of vague language in the law also means that there is
legal uncertainty, leaving the law open to arbitrary interpretation and application. Sections 57
and 46 of the ICT law in Bangladesh contain certain offences such as ‘obscenity and expression
of false information’, however, no interpretation has been provided as to what implies to
‘obscenity’ leaving the meaning vague and could be used against people’s right to freedom of
expression and speech. The NHRC is pleased to note that on it has been declared by the
government that all the contradictory provisions of the Information and Communication
Technology Act (ICT) Act including Section 57 will be removed with a proposed Digital
Security Act.
The NHRC has been continuously voicing its concern over the blogger killings to attack their
freedom of expression and speech. Due to raising our voice, we are now witnessing the trial of
the killers of bloggers. However, government could have done more regarding killing of
bloggers. Further, NHRC views that it is crucial to take necessary measures to strike the balance
between exercising individual rights including the right to freedom of opinion and expression,
and the protection of rights and interests of others, including in terms of ensuring their security.
However, we view that a real security of the State as well as the people can only be ensured by
ensuring human rights.
Article 20
Prohibition of hate speech
40. The obligation on states parties to prohibit war propaganda and advocacy of national, racial
or religious hatred. This right is not explicitly guaranteed in the constitution of Bangladesh.
Definition of hate speech is also not mentioned in any law of Bangladesh. Recently, some
bloggers have recently been detained on the ground that they had engaged in “hate speech”
against Islam and the Prophet Muhammad. Such arrest drew criticism from rights groups and
activists.
Article 23
Protection of the family
Although this right is not explicitly guaranteed in the constitution of Bangladesh, it is generally
protected by law.. This right includes protection against forced marriage and the equality of
spouses both during marriage and at its dissolution. There are many incidents of forced marriage
in Bangladesh, which goes against free consent. Child marriage is also still prevalent in rural
areas of Bangladesh.
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