Cybernetics is the generic term of cyber law which means to resolve the issues of cyber crimes and legal consequences that are raised in the cyberspace due to having computer with Internet technology. With the time virtual world is becoming more famous than the real space activities. Now what we do in the cyberspace becomes more familiar to all the users. But in reality, real space activities are becoming less popular day by day due to connection with Internet and huge opportunities to use Internet at a cheap rate from the Internet provider. For checking and balance of the crimes committed in the cyberspace there is practical commission of judicial process in most of the countries of the world.
Internet users in the present world are increasing rapidly due to having less cost of it. As it is increasing rapidly today, crimes depending on it are also increasing in this present world. Now it is the most concerning issue in this era of science. Electronic media Internet technology were invented for the welfare of the whole world. But it is a great regret that for having easy way without paying high cost to the Internet provider, thoughts to harm others are developing day by day. So present world especially who are expert in Information and internet technology are supported by the Govt. to remove this increasing problem. Many countries of the world are taking steps to make it stop. Misuse of internet technology or modern method of communication is now a global problem. Like other countries of the world, Bangladesh has made some laws to make it stop for the welfare of the country and the whole world. There are many laws regarding cyber crimes in our country’s legal system.
In Bangladesh the judges and lawyers are not expert in ICT Act. They should be trained up so that legal issues in cyberspace can be resolved. It is developing in our country day by day.
There are not enough laws in Bangladesh on cyberspace activities which go against the country. But there are some solutions on these crimes in Bangladesh. In Bangladesh there is a law named the information and communication technology Act 2006 which is amended in 2013. In this Act section 57 has said regarding publishing fake, obscene, or defaming information in electronic form. The section clears 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.
Whoever commits offence under this section he shall be punishable with imprisonment for a term which may extend to maximum 14 years and minimum 7 years and with the fine which may extend to taka ten crores.”
Section 5456 and 61 of ICT Act 2013 talk about cyber crimes and have punishment measures. For having these sections criminals are afraid to crime indiscriminately. But in Bangladesh there are not exemplary case and judgment on cyber crimes. So criminals are not so much concern on it. They feel free to commit crimes in the cyberspace. So with the rapid growth of Internet user crimes in the cyberspace is increasing rapidly.
Under the said Act there is a cyber tribunal in our country. Section 68 of the Act is on establishment of cyber tribunal. Under this section cyber tribunal is instituted in consultation with the Supreme Court of Bangladesh by a Session Judge or an Additional Session Judge appointed by the government. And section 69 of ICT Act 2006 deals with trial procedure of cyber tribunal. In this Act these are the legal responses regarding cyber crimes in Bangladesh.
The BTRC is the most concerning institution in case of cyber crimes in Bangladesh. As they have observed many things of unlawful activities in the cyberspace they are taking and developing security measures regarding cyber crimes in Bangladesh.
“Anti-cyber crime department “headed by the Deputy Commissioner is a part of Special branch of police in Bangladesh. Under this department, some cyber crimes are controlled. E-mail fraud, defamation and publishing of unauthorized pictures in the Internet are protected by this department of police.
The Digital Security Act 2018 has been passed in Bangladesh to control cyber crimes in Bangladesh. According to section 32 of the law, “if a person commits any crime or assists anyone in committing crimes under Official Secrets Act, 1923, through computer, digital device, computer network, digital network or any other electronic medium, he or she may face a maximum 14 years in jail or a fine of TK 25 lakhs or both.”(1) According to section 29 of the law, “a person may face up to three years in jail or a fine of TK 5 lakhs or both if he or she commits the offences stipulated in section 499 of the Penal Code through a website or in electronic form.”The section 31 of the Act clears that those who create enmity among different groups publishing something in electronic form or website will be punished.
The Pornography Control Act 2012 has been passed in Bangladesh to control over pornography. Under this Act production, distribution, possession and using of pornographic materials are made illegal. Punishment is ensured for pornographic activities in the real or cyberspace. Under section 8 of the Act, maximum punishment 10 years of jail or fine of five thousands taka.
The information and Communication of Technology Act 2006,sections 54,56,57,68
Weakness of laws regarding cyber crimes in Bangladesh
There are some provisions regarding cyber crimes in different laws in Bangladesh. But there is no one punishment on cyber crimes in Bangladesh. The department which deals with cyberspace is not conducted by the experts of internet technology. The plaintiff feels insecurity to file a case for which he has become victims. Our cyber tribunal has not given any reward judgment. These also restrict the plaintiffs not to file a case against the cyber criminals. The criminal law in Bangladesh named The Penal Code 1860 has no any provision on it which is essential in the present time.
Section 68 of ICT Act ensures that a tribunal named cyber tribunal will be established in each district of the country but there is only one cyber tribunal in Dhaka. It is also a weakness of law in Bangladesh to protect cyber crimes. As there is no enough protecting measures in Bangladesh, the criminals get opportunity to do any activities according to their will. We have laws but there is no strong application of laws. Even we have no any experts regarding cyber crimes.
The information and communication Act 2013, section 57
Writer: Mithun Kumar Saha, Department of Law, University of Dhaka.