The term "social media" refers to a range of cyber or internet-based network programmes that facilitate the delivery of user-generated content. Social media platforms come in a variety of formats, such as blogs, social gaming, chat rooms, etc.
At a very early stage, these platforms were used as a way of communication, sharing thoughts, perceptions, and knowledge. Social media has made it easier for us to exercise our freedom of speech, which is one of our fundamental and constitutional rights.
We prefer to put our idiosyncratic behaviour on social media expressing our own views, attitudes, roles, or values. Social media platforms give us such a stage to perform freedom of speech and expression without any interference. This freedom is protected by Article 19 of the Universal Declaration of Human Rights (UDHR) of 1948 and the International Covenant on Civil and Political Rights (ICCPR) of 1966.
As per Article 19 of the UDHR, "everyone has the right to freedom of thought and expression, including the freedom to hold opinions without interference and the freedom to explore, collect, and spread ideas across borders and via any medium."
The Constitution of People's Republic of Bangladesh also ensures freedom of thoughts and conscience in Article- 39 as fundamental rights, where every citizen can enjoy this right. While social media use has led to some appropriate practices, it is also impossible to overlook a severe adverse effect.
In the name of freedom of speech and expression, some of us use social media to defame others, humiliate them in public, and mislead others with false information. Egregious offenses like hacking, cyberbullying, harassment, identity theft, fabricating news, obscene content, fraud and cheating, etc are being committed.
Apps like Facebook, Instagram, TikTok, Bigo Live, Likee, Twitter, and WhatsApp have turned out to be significant platforms for various anti-social acts and horrific crimes. Digital Security Act (DSA) of 2018, Pornography Control Act of 2012, Bangladesh Telecommunication Regulation Act of 2001, and other guidelines and policies are enacted to ensure cyber safety and protection of human rights on social media.
Section 28 and 29 of DSA, 2018 stated that publication or broadcast of such information in any electronic media or website which hampers the religion sentiment and carries defamatory information is considered as an offense. Anyone committing such offense shall be punished with imprisonment for up to 10 years or fined not exceeding Tk20 lakh or both for hurting religious sentiments; and for defamatory information up to five years imprisonment or not exceeding Tk5 lakh, or both.
"Hacking" is also an offense under section 34 of the DSA act; anyone who commits such an offense is punished with up to 14 years of imprisonment or not exceeding Tk1 crore fine or both. Anyone aiding any offense under DSA of 2018 section 35 shall be punished in the same manner as the offender. However, as per a report by the Cybercrime Awareness Foundation, hacking cases of social media accounts and other online accounts are now at 28.31% -- an increase of almost 13% from 2019.
Social media platforms like TikTok, Bigo Live, Likee, and Facebook sometimes spread obscene content which is against the community standards. Nude or semi-nude videos and still images are included in the definition of pornography under Section 2 of the Pornography Control Act of 2012. Additionally, pornography is defined as any content that has the potential to arouse sexual excitement or urges. Section 8(1) of the act stipulates a punishment of up to eight years of imprisonment and a penalty of up to Tk200,000, only for taking a picture or video clip.
In spite of having these strict provisions, images or recordings of instances of sexual harassment or private moments is surging alarmingly. Last year, the frequency of harassment through images or videos of intimate moments or sexual harassment occurrences was 7.69%, but it has risen to 9.34% this year.
According to the latest data, the rate of harassment by the use of photoshopped photographs climbed from 5.85% last year to 6.93%. But, sadly, from a survey it seems that 43.22% of the victims are aware of the legislations linked to cybercrimes which violate human rights, while the rest 56.78% have no knowledge about that.
BTRC, CSIR Team, Digital Security Agency, CERT, DMP Cyber Crime Unit, Cyber Security, and Crime Division are working 24/7 to ensure safe and secure cyber space in Bangladesh. Yet, as per the survey report titled “Cybercrime Trend in Bangladesh-2022,” only 7% victims of cybercrime receive the desire help from the police.
So, social media is therefore a "friend" who enables a way to exercise freedom of speech and thoughts, and a "foe" who violates many of human rights consistently.
Dewan Alif Ovi is a researcher, contributor, and LLM student.
