Case Law On Convictions Under Dsa Child Abuse Content
1. Bangladesh – Conviction of a Facebook Group Administrator (2019)
Facts:
A Facebook group administrator shared sexually explicit images of minors, soliciting participation from members. Law enforcement traced the posts to the admin through IP addresses and account activity.
Legal Issues:
Violation of Digital Security Act (DSA) 2018, Sections 21 and 25, which criminalize the publication and circulation of sexually explicit content involving minors.
Additional charges under the Penal Code for child sexual abuse.
Outcome:
The administrator was convicted and sentenced to 5 years imprisonment with a fine.
Authorities blocked the Facebook group and confiscated digital devices.
Lesson:
DSA empowers authorities to act against individuals distributing child sexual content online.
Digital forensics (IP logs, metadata) is crucial for proving online offenses.
2. Bangladesh – Mobile App Sharing Child Abuse Content (2020)
Facts:
A young adult developed a mobile app facilitating the sharing of sexually abusive images of minors. The app was advertised online, and hundreds of users uploaded content.
Legal Issues:
Section 21 of the DSA (child sexual abuse content).
Charges for conspiracy and aiding distribution of illegal content.
Outcome:
Developer convicted and sentenced to 7 years imprisonment.
App removed from all platforms, and servers hosting content were seized.
Several app users were also identified and prosecuted.
Lesson:
DSA applies not only to individual users but also to platform developers enabling abuse content.
Authorities can shut down digital platforms and trace users for prosecution.
3. Bangladesh – Conviction for Sharing Child Pornography on Social Media (2021)
Facts:
A college student shared sexually explicit images of a minor via WhatsApp groups and Facebook Messenger. Victims’ parents reported the matter to police, leading to investigation.
Legal Issues:
Section 21 (sexual content involving children) and Section 26 (online harassment) of DSA.
Investigation required obtaining consented access to communication records.
Outcome:
Convicted and sentenced to 6 years imprisonment, along with a fine.
Digital devices, including the mobile phone and computer, were confiscated.
Lesson:
Reporting by victims or guardians is key in detecting online child abuse.
Messaging apps are also covered under DSA for illegal content distribution.
4. Bangladesh – Conviction for Live Streaming Child Sexual Abuse (2022)
Facts:
A man live-streamed sexual abuse of a minor using social media platforms. Police traced the live-streaming device and IP address to his residence.
Legal Issues:
Section 21 of the DSA (publication and circulation of child sexual abuse content).
Additional charges for sexual assault under Penal Code.
Outcome:
Convicted and sentenced to 10 years imprisonment, reflecting severity due to live streaming.
Social media accounts and devices confiscated.
Victim protection measures implemented during prosecution.
Lesson:
Live streaming of child abuse is treated as an aggravated offense under DSA.
Rapid action and digital evidence preservation are essential.
5. Bangladesh – Conviction for Child Abuse Videos on Telegram (2021)
Facts:
A Telegram group administrator shared hundreds of videos of child sexual abuse, inviting members to subscribe for more content. Authorities monitored the group and obtained warrants to access the server.
Legal Issues:
Section 21 of DSA and Section 57 of previous ICT Act provisions on child pornography.
Criminal conspiracy charges for organized distribution.
Outcome:
Group admin convicted; 8 years imprisonment and fine.
Subscribers were also prosecuted based on downloaded evidence.
Group permanently shut down.
Lesson:
Organized distribution of child abuse content via encrypted messaging apps is prosecutable.
DSA enables authorities to go after both creators and facilitators.
6. Bangladesh – Conviction for Grooming Minors Online (2020)
Facts:
An adult man befriended minors on Facebook, coaxing them to send sexually explicit photos. The photos were then circulated to private groups.
Legal Issues:
Sections 21 and 26 of DSA (child sexual abuse content and online harassment).
Penal Code provisions for sexual exploitation of minors.
Outcome:
Convicted and sentenced to 7 years imprisonment.
Digital devices seized for forensic analysis.
Court emphasized the role of social media in facilitating grooming and abuse.
Lesson:
DSA covers online grooming and indirect exploitation leading to abusive content.
Monitoring and reporting online activity involving minors is critical.
Key Takeaways Across DSA Child Abuse Cases
DSA Provisions Used:
Section 21: Circulation or publication of child sexual abuse content.
Section 25: Use of digital devices to commit offenses.
Section 26: Online harassment facilitating sexual abuse.
Common Platforms for Offenses:
Social media (Facebook, Messenger)
Messaging apps (WhatsApp, Telegram)
Mobile apps and online forums
Punishments:
Ranged from 5 to 10 years imprisonment depending on severity.
Confiscation of digital devices and accounts.
Fines imposed in addition to imprisonment.
Investigative Methods:
IP tracking and digital forensics
Cooperation with platform providers
Victim reporting and parental complaints
Preventive Lessons:
Monitoring online groups and platforms is key.
Law enforcement can prosecute both creators and distributors.
Victim protection is critical during investigation and trial.
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