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Bangladesh
prohibited from publishing news critical of the government.
38 Under Section 5 of the
Emergency Power Rules, citizens were prohibited from using the Internet and other
print media to publish content deemed “ provocative. ”
39 The government was given
the power to censor “ provocative ” news content, seize publications, and confi scate
media equipment.
40 The fear of detainment, harassment, and defamation charges
under the Bangladesh Penal Code and Code of Criminal Procedure resulted in selfimposed censorship.
41
Since the end of the state of emergency, the Bangladesh government has initiated
some positive steps to reassert citizens ’ right to information and loosen the state ’ s grip
on media.
42 Examples of measures that facilitate access to information include the
Right to Information Act, which enhances transparency and provides people with
the right to access public information.
43 Nonetheless, Article 57 of the Information
and Communication and Technologies Act still allows the state to regulate content,
including Internet content. Under the act, offenders can face up to ten years imprisonment or a maximum fi ne of BDT 1 crore (approximately USD 140,500) for publishing
content (including content in electronic form) that is “ falsifi ed or vulgar. ” This includes
defamatory content, content that may harm law and order, and content that attacks
religious beliefs.
44
In general, there is a lack of a comprehensive cyber law in the country; however,
it appears that authorities are working toward implementing one.
45 Cybercrime and
online pornography have become an increasing concern for the Bangladesh state
and the authorities who have been working on curbing such crimes. Authorities have
voiced concerns about the need to acquire equipment to detect and identify people
involved in cybercrime, the need to train law enforcement on how to curb cybercrimes
and pornography, and the need to tighten regulation on Internet caf é s. In 2010 a
Pornography Control Bill was drafted and is currently pending cabinet approval. The
draft bill proposes that offenders who commit cybercrime or a crime related to pornography could face fi ve years imprisonment, a fi ne of BDT 50,000 (approximately
USD 700), or both.
46
Surveillance
In 2007, during the state of emergency, the Rapid Action Battalion conducted houseto-house searches in Dhaka, Chittagong, and Sylhet, and profi led more than 450,000
Internet subscribers to seek out Internet users with a fast connection.
47 ISPs reported
that they had been instructed to provide a list of subscribers and details about them
as well as the administrative passwords for all Internet gateway servers, and to assist
in installing “ traffi c scanners ” on gateway routers.
48 In another memo, ISPs were
instructed to provide information about bandwidth lease and usage, details about
clients, and copies of technical agreements with connectivity providers.
49 A BTRC
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