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29) To publish, broadcast, etc.

, defamation information: -

(1) If a person commits an offence of publication or broadcast defamatory information as described


in section 499 of the Penal Code (Act XLV of 1860) in any website or in any other electronic format
then he will be sentenced to a term of imprisonment not exceeding 3(Three) years or fine not
exceeding Tk.5 (Five) lac or both.

(2) If any person commits the offence mentioned in sub-section (1) second time or repeatedly, he he
will be sentenced to a term of imprisonment not exceeding 5(Five) years or fine not exceeding Tk.10
(Ten) lac or both

Implication: The general harm caused by defamation is identified as being ridiculed, shamed, hated,
scorned, belittled or held in contempt by others, and lowers him/her in esteem of a reasonably
prudent person, due to the communication of the false statement. This tort can result in a lawsuit for
damages. Many states have statutes requiring that the allegedly damaged party must first demand a
printed retraction of the defamatory statement, before they may proceed to court. If the plaintiff
proceeds with a lawsuit without first seeking the retraction or if he/she receives a retraction but
proceeds anyway, most states will limit the damages they may pursue to the actual or special
damages they experienced, such as loss of employment or wages.

30) E-Transaction without legal authority Offence and Punishment: -

(1) If any person-


a. Does e-transaction through electronic and digital medium of any bank, insurance, or any other
financial institution or any mobile money service providing organization without legal authority, or.
b. Does e-transaction that has been declared illegal by the Government or Bangladesh Bank.

Then such activity will be considered as an offence.


(2) If any person commits offence mentioned in sub section (1), the person will be penalized with
either maximum of 5(five) years of imprisonment or fine of Tk. 5 (five) lac or will be punished with
both.
(3) If any person commits the offence mentioned in sub-section (1) for the second time or
repeatedly, he will be punished with a maximum of 7(seven) years imprisonment or with maximum
fine of Tk. 10 (ten) lac or both.

Implication: If an individual acts without consent or any lawful authorization (i.e. from law
enforcement agency and/or a court order) and penetrates a business' firewall to access private servers
and cloud storage systems or uses phishing to install malware to desktop and laptop computers with
the intent to monitor communications and activities, they can be charged with a crime.

32) Breaching Government Secret Offence and Punishment: -

(1) If any person commits or aids and abets in committing an offence under Official Secrets Act,
1923 (Act No XIX of 1923) through computer, digital device, computer network, digital network or
through any other digital medium then he will be punished to a term of imprisonment not exceeding
14(fourteen) years or with fine not exceeding Tk.25 (Twenty-Five) Lac or with both.

(2) If any person commits the offence mentioned in sub-section (1) for the second time or
recurrently commits it, he will be punished with life imprisonment or with fine not exceeding Tk.
1(one) crore or with both.

Implication: The penalty for breaching the Official Secrets Act is a maximum jail term of 14 years
if the crime relates to spying or sabotage under the 1911 or 1920 acts. For other breaches of the 1989
act the maximum jail term is two years. Prosecutions for breaches are extremely rare with fewer than
one a year going to court. Employees or ex-employees of the security services could be prosecuted
for any unauthorized information disclosure.

33) Illegal Transferring, Saving etc. of Data-Information, Punishment: -

(1) If any person enters any computer or digital system illegally and does any addition or
subtraction, transfer or with the aim of transfer save or aid in saving any data-information belonging
to government, semi-government, autonomous or statutory organization or any financial or
commercial organization, then the activity of that person will be considered an offence.

(2) If any person commits an offence mentioned in sub section (1), he will be sentenced to a term of
imprisonment not exceeding 5(Five) years or with fine not exceeding Tk.10 (Ten) lac or with both.

(3) If any person commits the offence mentioned in sub-section (1) second time or recurrently
commits it then, he will be sentenced to a term of imprisonment not exceeding 7(Seven) years or
with fine not exceeding Tk.15 (Fifteen) lac or with both.

Implication: Penalties can include a fine, a prison term of up to five years, or both.


That penalty goes up to a possible ten years if the driver was acting for commercial advantage or
private gain, and to 20 years to life in prison if anyone is seriously injured or dies as a result of the
crime.

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