“Social media is the new tea stall” -- a statement that is perhaps beyond argument nowadays. We have seen social media facilitate protests for peace through simple hashtags the instigation of fanatic movements seeking to spread religious disharmony all over the country. It completely depends on us as individuals how we use these platforms.
Freedom is intrinsic to us human beings, it is the power to act the way we want, the way we are -- and any attempts to outlaw freedom can never stand. Article 39, Part 3 of our Constitution enshrines “freedom of thought, conscience, speech, and press.” This article is so vast in itself that it cannot be narrowly tailored. For nurturing and proper functioning of democracy these rights are imperative.
Apart from this codified law of our land, such exclusive rights have been ensured in international laws as well. The Universal Declaration of Human Rights (UDHR) is the most widely recognized platform where fundamental human rights are universally protected. Article 19 of UDHR provides “the right to freedom of opinion and expression, this right includes freedom to hold opinions without interference and to seek, receive and impart information and idea through any media and regardless of frontiers;” article 10 of European Convention on Human Rights (ECHR) provides the right to Freedom of Expression and Thought.
A fundamental aspect of such rights is the freedom to hold opinions and to receive and impart information and ideas, even if the receiver of such information does not share the same opinions or views as the provider.
However, this right is not absolute -- freedoms come with responsibilities as well, particularly while exercising the freedom to express our thoughts, opinions, and views on contemporary socio-economic issues. Under no circumstance should we manifest something that can become a threat to public order.
By the term “social media” we usually understand it to be a virtual network where people can interact and share thoughts or information. Statistics show that around 44.7 million people are using Facebook in Bangladesh. Which means 26% of the total population is using this platform.
However, such platforms also have paved the way to extreme obscenity, instigating violence, fabricated news and information, propaganda, and harassment due to a lack of legal censorship and monitoring from authorized bodies.
September 29, 2012 were the most infamous days to that end. Based on some rumours spread and then escalated through Facebook, a group of religious fanatics conducted a series of attacks in Ramu, Cox’s Bazar, which led to 12 Pagodas, 50 houses being destroyed by the mobs. Approximately 25,000 people took part in the bigoted violence and 300 people were arrested in connection to the attack.
And thus we witnessed the destructive power of social media.
To curb the many ills of social media, and other forms of media, the Digital Security Act 2018 law was passed. Section 28 of The DSA states that anyone who is alleged to have published/broadcast information in websites or in any electronic format that hurts the religious values or sentiment of another person, the person doing such offense shall be punished with imprisonment for a term not exceeding five years or with fine not exceeding Tk100,000 or with both. And if the person commits the same offense for the second time he shall be punished with imprisonment for a term not exceeding 10 years or with fine not exceeding Tk200,000 or with both.
It will not be misjudged to assume that the majority of Facebook usersin Bangladesh are unaware of the strict legal consequences if they make even one wrong move. Before clicking on that share button or becoming a rebel writer on social media, the authenticity of the news has to be checked and then cross-checked.
The choice of words has to be wise, so that they never turn out to become malicious. Any form of social media should remain confined just as a source of recreation. While utilizing it as a tool of exercising our right of freedom of thought or freedom of expression we also have to exercise our share of the responsibility.
Please remember that.
Eshita Tasmin is an advocate at the Supreme Court of Bangladesh and an assistant professor, University of Scholars.
