Defamation Cases
In our country, due to the general standard of news reporting, people are frequently subject to defamation. Many newspapers and media outlets often label individuals as bullies, thieves, robbers, or wrongdoers. However, legally, media cannot declare someone guilty—they can only report that a person is accused of a crime. Publishing someone as guilty before proof in court gives the affected individual grounds to claim defamation.
Although individuals may be reluctant to pursue defamation, legal systems allow them to seek justice. The process often involves verifying whether defamation has actually occurred and the extent of the damage. Many cases are settled through forgiveness or compromise, while others remain unresolved or are used strategically to teach a lesson to the accused.
Legal Framework
Under Section 499 of the Penal Code, Bangladesh:
“Whoever, with the intention of harming, or knowing or intending that it may harm, makes or publishes any defamatory statement by words, signs, or visible representations about a person, such that it harms the reputation of that person, shall be considered to have committed defamation except in certain exceptions.”
In reality, proving defamation in Bangladesh is complex, and cases often face practical challenges.
Seeking Legal Recourse
- Defamation complaints are filed in a criminal court as a petition by the complainant.
- Courts issue summons against the accused; arrest warrants are not issued immediately.
- If the accused fails to appear without requesting bail, an arrest warrant may be issued.
- Complaints can also be filed at the police station, but direct filing in civil court is not allowed.
- Compensation claims for defamation are filed in civil court, with a court fee proportional to the claim.
- For example, claiming compensation of 10 million BDT requires a court fee of approximately 50,000 BDT.
Situations That Do Not Constitute Defamation
- Accusations based on truthful information intended for public welfare.
- Honest opinions about public officials’ conduct.
- Publishing court records containing negative descriptions of a person.
- Expressing honest opinion regarding individuals while discussing public issues.
- Commentary on the guilt, character, or witness testimony in a concluded case.
- Negative opinions about public events.
- Honest complaints to authorities, e.g., police, even if later found false.
- Accusations made in good faith to protect oneself or others.
Punishments for Defamation
- Defamation is defined as a crime in the Penal Code.
- There are two types of punishments:
- Offline media (newspapers/books): Section 500 of the Penal Code allows up to 2 years imprisonment.
- Online publication: Section 57 of the Information and Communication Technology Act allows up to 14 years imprisonment.
- Civil compensation claims are also available for defamation.
- Arrest warrants are not immediate, but a court may issue one if the accused fails to appear after summons. Judges can also order arrest if they believe law and order may deteriorate.
- For online defamation (e.g., Facebook, social media, websites), ICT Act 2006 (amended 2013), Section 57 applies.
- However, Section 57 is ambiguous, with unclear definitions of defamation and harsher punishments than the Penal Code.
- Police may arrest without a warrant for online violations.
- Under the Digital Security Act 2018, Section 29:
- If defamatory content is digital, the offender may face 3 years imprisonment and/or 500,000 BDT fine.
- Repeat offenders may face 5 years imprisonment and/or 1,000,000 BDT fine.
This chapter emphasizes the legal basis for defamation, processes for filing complaints, distinctions between online and offline cases, permissible exceptions, and potential punishments.
