The secret recording and circulation of personal photos, videos and conversations have raised concerns over privacy rights and the application of existing laws in Bangladesh, following the recent circulation of a private video involving a member of parliament.
Human rights activists, lawyers and police officials told Dhaka Tribune that recording or circulating someone's photos, videos or conversations without their knowledge or consent may constitute a criminal offense and could lead to legal action.
Deputy Commissioner of the Media and Public Relations Division of Dhaka Metropolitan Police (DMP) NM Nasiruddin said establishments, including shopping malls, parlors and restaurants, must inform visitors if surveillance cameras are installed.
He said: “Secretly recording photos and videos is a serious offense. If such a camera is found, police take legal action.”
Referring to the recently circulated private video involving Satkhira-4 Member of Parliament and now expelled Bangladesh Jamaat-e-Islami leader Gazi Nazrul Islam, Nasiruddin said police are looking into the matter and those found responsible will face legal action.
Recent incidents
Since Monday night, a private video involving Satkhira-4 Member of Parliament and Bangladesh Jamaat-e-Islami leader Gazi Nazrul Islam has been circulating on social media.
On Wednesday afternoon, Bangladesh Jamaat-e-Islami expelled Nazrul Islam from the party.
Earlier this year, in January, a hidden camera concealed inside a pen was found in the women's doctors' washroom at Tangail Medical College Hospital. A case was filed against the hospital's director, Dr Abdul Quddus, under the Pornography Control Act, 2012.
Women have also previously reported similar incidents involving hidden cameras in beauty parlors, boutique shop changing rooms and other locations.
What law says
Noakhali-2 Member of Parliament and senior Supreme Court lawyer Advocate Zainul Abedin Farroque said blackmailing individuals through secretly recorded photos or videos, or using such material for unlawful purposes, is punishable under the law.
He said: “Work is underway to incorporate provisions and punishment into the Digital Security Act, 2018”
He also said the proposed law aims to strengthen cyber security, prevent and suppress crimes committed through digital and electronic means, ensure their trial and provide related legal provisions. He expressed hope that the process would be completed soon.
Senior Supreme Court lawyer Saeed Ahmed Raja said if a phone conversation is leaked, the matter falls under the Cyber Security Act, 2023.
He said the issue involving the lawmaker primarily concerns the constitutional right to privacy. If a hidden camera was used, the Pornography Control Act, 2012, would also apply.
Human rights activist Nur Khan Liton said secretly recording personal photos, videos and conversations violates privacy and human rights.
He said: “You know that if journalism intends to publish someone's photograph publicly, that person's permission must be obtained. Publishing someone's photo or video without permission is a very serious offense.”
He also said the use of hidden cameras to capture and publish personal images or videos could amount to defamation and that every citizen has the constitutional right to legal protection.
He added that the government should strengthen efforts to combat cybercrime, bring offenders to justice and take preventive measures against such offenses.
