Legal notice asks to scrap Section 57 (1) of ICT act

A  Supreme Court lawyer today sent a legal notice to government requesting it to scrap Section 57 (1) of Information and Communication Technology (ICT) Act which has come under severe criticism recently.

In his notice, SC Advocate Eunus Ali Akond also asked the government to cancel Section 86 of the law, which protects government employees from the offences mentioned in Section 57(1).

The two sections of the law are discriminatory and unconstitutional, Akond said.

A rough translation of section 57 (1) says: “If any person deliberately publishes or transmits or causes to be published or transmitted in the website or in any other electronic form any material which is false and obscene and if anyone sees, hears or reads it having regard to all relevant circumstances, its effect is such as to influence the reader to become dishonest or corrupt, 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 organisation, then this activity will be regarded as an offence.”

Though rights activists have been critical from the beginning, the debate over section 57 and demand for its repeal has intensified following the arrest of journalist Probir Sikdar.

The veteran journalist was arrested and sent to jail after he posted a status on Facebook, expressing fear that his life was in danger and that LGRD Minister Khandaker Mosharraf Hossain, businessman Moosa bin Shamser and fugitive war criminal Abul Kalam Azad would be responsible if he were killed.

Following the post, an Awami League leader sued Probir in Faridpur under the ICT act for “tarnishing the image” of the minister.

Probir was released on bail later but he had to endure mental torture in custody apart from physical sufferings. He lost a leg and the use of one hand in a 2001 attack for his write-ups. 

The arrest sparked huge protests on the streets and also in the social media. Legal experts and rights activists say the section in question was “misused” against Probir.

In the notice, Eunus said that the two section of the law are discriminatory and unconstitutional since the section go against general people’s right to freedom expression and free speech.

The section contain vague wording, allowing its misuse against general people, newsmen and social media users, the notice stated.

Section 86 of the law has protected the public servants from the offence under the ICT act which is violation of the constitutional provision of equal rights of the people in the eye of law.

Eunus sent the notice to the secretary to the ministry of law, cabinet, information and communication technology and, the information.

He said if the sections are cancelled within 24 hours, he will file a writ petition with the High Court challenging the locality of the section.