Case Law On Digital Security Prosecutions
Digital Security Prosecutions in Bangladesh
The Digital Security Act, 2018 criminalizes cybercrime, online defamation, hacking, and the spread of false information. Key sections often invoked include:
Section 21: Publishing, propagating, or transmitting false, obscene, or defamatory information.
Section 25: Hacking, unauthorized access, and data theft.
Section 29: Fraud using digital means.
Section 31: Threats or harassment via digital platforms.
Case 1: Arrest of a Journalist for Alleged Defamation (2019)
Facts: A journalist published an investigative report alleging corruption by local government officials on a Facebook page. Authorities filed a case claiming the post was false and defamatory.
Legal Issue: Section 21 (spreading false information) and Section 29 (digital fraud).
Court Action: Police arrested the journalist. The High Court later intervened to provide bail, noting that freedom of press is protected under the constitution but must balance against false allegations.
Significance: Highlights tension between freedom of speech and digital security laws, showing how DSA is applied to social media content.
Case 2: Facebook Post Allegedly Defaming a Politician (2020)
Facts: A social media user posted content critical of a local MP. Authorities claimed it was defamatory and filed a case under the DSA.
Legal Issue: Section 21: publishing defamatory content via digital platform.
Court Action: Arrested the accused, trial ongoing in Dhaka Cyber Tribunal. The case drew national debate on freedom of expression vs. digital defamation.
Significance: Demonstrates how the DSA is often invoked against criticism of public figures, sometimes raising concerns about misuse.
Case 3: Online Pornography Ring Bust (2019)
Facts: A gang distributed obscene videos online and ran a website targeting minors and adults.
Legal Issue: Section 28 (publishing obscene content digitally), Section 25 (unauthorized access and digital distribution).
Court Action: Authorities arrested 8 people; courts sentenced key accused to 3–7 years imprisonment and heavy fines.
Significance: Shows the application of DSA against cybercrime involving pornography, emphasizing the protection of minors and morality in cyberspace.
Case 4: Hacking and Data Theft Case (2021)
Facts: Hackers breached a government database and leaked sensitive personal information online.
Legal Issue: Section 25 (hacking and unauthorized digital access), Section 29 (digital fraud), Section 31 (threat via digital channels).
Court Action: Police Cyber Unit arrested 3 suspects; charges filed under DSA. Trial is ongoing in Dhaka Cyber Tribunal.
Significance: Demonstrates how the DSA addresses cyber intrusions affecting personal and national security.
Case 5: Fake News on COVID-19 (2020)
Facts: Several individuals shared false posts claiming cures for COVID-19 or exaggerated infection statistics on social media, causing public panic.
Legal Issue: Section 21: spreading false and misleading information digitally.
Court Action: Police arrested multiple people; some were fined and others imprisoned for a short term as preventive measure.
Significance: Highlights DSA’s role in curbing misinformation during public health emergencies.
Case 6: Online Threats Against Activists (2022)
Facts: A group of online users threatened human rights activists via Facebook and email, intimidating them to stop activism.
Legal Issue: Section 31 (digital threats and harassment), Section 29 (digital fraud).
Court Action: Cyber Crime Unit arrested 5 accused; courts issued protective measures for the victims and ongoing trial of perpetrators.
Significance: Demonstrates DSA’s protection against cyber harassment and digital intimidation, particularly for vulnerable groups.
Case 7: Cryptocurrency Fraud Case (2021)
Facts: An online platform promised high returns for cryptocurrency investments but defrauded investors of crores of taka.
Legal Issue: Section 29 (fraud using digital means), Section 31 (criminal conspiracy via digital network).
Court Action: Police filed DSA cases; arrests made, and trial is ongoing in Dhaka Cyber Tribunal.
Significance: Illustrates how financial scams conducted online are prosecuted under the DSA in addition to Penal Code fraud provisions.
Key Observations Across These Cases
Common Sections Used:
Section 21: False or defamatory information
Section 25: Hacking and unauthorized access
Section 29: Digital fraud
Section 31: Digital threats and harassment
Scope of DSA Cases:
Social media posts (defamation, fake news)
Hacking and data breaches
Online pornography
Cyber harassment and threats
Online financial scams
Enforcement Mechanisms:
Police Cyber Crime Units, specialized tribunals
Arrests and remand for investigation
Courts balancing DSA with constitutional rights
Judicial Trends:
Courts frequently grant bail but emphasize careful investigation.
DSA is increasingly applied to protect personal, social, and national security in cyberspace.
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