Can one be imprisoned simply for expressing an opinion? In Bangladesh, unfortunately, the answer is yes. Section 499 of the Penal Code still treats defamation as a criminal offence, punishable by imprisonment. This raises a critical question: should freedom of speech be curtailed in the name of protecting someone's reputation?
Criminal defamation is increasingly being weaponised to suppress journalism and dissent.
Many of these cases, often filed without concrete evidence of harm, amount to harassment -- strategic lawsuits against public participation (SLAPP) -- designed to silence critics through financial and psychological pressure.
International bodies like the UN Human Rights Committee and Article 19 have repeatedly stated that imprisonment for defamation violates global human rights norms.
Many democratic nations, including the United States and Ireland, treat defamation as a civil matter, striking a better balance between free expression and the right to reputation. In the US, for instance, the First Amendment protects speech, and defamation suits must meet the 'actual malice' standard.
In contrast, our legal framework continues to instil fear. A Facebook post or tweet can now land a citizen in court -- or worse, in jail. Such laws not only chill free expression but also hinder Bangladesh's progress towards a democratic and digitally inclusive society.
Reform is urgently needed. Bangladesh should decriminalise defamation by amending Section 500 of the Penal Code and the Digital Security Act. Provisions such as civil remedies, penalties for baseless claims, and judicial safeguards before filing cases should be introduced.
Additionally, judges must be trained to distinguish genuine defamation from fair opinion.
Genuine justice protects, not punishes. The role of media and civil society is also vital -- to ensure factual reporting and prevent malicious defamation. Through legislative reform, public awareness, and responsible journalism, Bangladesh can build a democratic society that upholds both freedom and dignity.
The right to speak truthfully must never be a crime.
By Surja Mandal
Aspiring Legal Researcher & LL.B. Student
Department of Law
World University of Bangladesh
surjamandal032@gmail.com
