This post in will explain in details the Defamation Law in Bangladesh – offences and remedies, everything about defamation law that you need to know and be aware of.

What is Defamation?

• If defamation is part of the criminal law, the criminal standard of proof, beyond a reasonable doubt, should be fully satisfied.

• Convictions for criminal defamation should only be secured when the allegedly defamatory statements are false, and when the mental element (mens rea) of the crime is satisfied.

• Penalties should not include imprisonment, nor should they entail other suspensions of the right to freedom of expression or the right to practice journalism.

• Should not resort to criminal law when a civil law alternative is readily available

Libel- Defamation law in Bangladesh

A malicious defamation expressed either in writing or printing that tends to either blacken the memory of one who is dead or the representation of one who is alive and expose him to public hatred, contempt or ridicule. The elements of a libel are:

1. Publication of a false statement
2. expressed in writing, printing or in some other permanent form
3. tending to harm the reputation of another.

Slander- Defamation law in Bangladesh

A verbal statement, false and defamatory and tending to affect one’s good name and reputation. The elements of a slander are:

1. That the statement complained of is false,
2. defamatory,
3. and that some special damage to the plaintiff has resulted from it.

Defamation as a criminal offence in Bangladesh

As it is stated earlier, Defamation in Bangladesh, unlike different countries, is considered a criminal crime and not a civil wrong. In addition, in diffamation criminal law, there is no difference between spoken and written words , given that the conditions set out in Section 499 of the Bangladesh Penal Code above are met. Since this is a criminal offence, however, the prosecution must prove beyond reasonable reason that the defendant has committed defamation.

Latest law concerning Defamation in Bangladesh

Section 57 of the ICT Act 2006 provides[12]: (1) If any person deliberately publishes or transmits or causes to be published or transmitted in the website or in electronic form any material which is fake and obscene or its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it, or causes to deteriorate or creates possibility to deteriorate law and order, prejudice the image of the State or person or causes to hurt or may hurt religious belief or instigate against any person or organization, then this activity of his will be regarded as an offence.
(2) Whoever commits offence under sub-section (1) of this section he shall be punishable with imprisonment for a term which may extend to maximum 14 years and minimum 7 years and with the fine which may extend to taka ten crore.
This is the latest provision concerning defamation law in Bangladesh. It covers any publications made in electronic form. How ‘Tahmidur Rahman & TR Barristers in Bangladesh Associates’ help the purchaser of any land in Bangladesh:

The Penal Code 1860 defines defamation as defamation, rendering or publishing some imputation either by words spoken or intended to be read, or by signs or clear representations concerning some individual who intends to damage that person’s reputation, that person is said to be defamed and whoever commits the defamation offense punishable by 2 years of simple imprisonment or with fine or both.

Defences of  Defamation Law in Bangladesh 

Chapter 21 Section 499 of Bangladesh’s penal code provides that[11]:
“whoever by words either spoken or intended to be read, or by signs or by visible representations, makes or publish any imputation concerning any person intending to harm, or knowing or having the reason to believe that such imputation will harm, the former person will be liable to the latter.”
The statue also outlines a list of exceptions in regards to defamation law in Bangladesh, which might also work as the potential defences of defamation. Accordingly, it is not defamation:

1. It is not defamation to make statements about anything which is true concerning any person, if such statement is made for the public good.

2. It is not defamation to express in good faith any opinion whatever respecting the conduct of a public servant in the discharge of his public functions.

3. It is not defamation to express in good faith any opinion whatever respecting the conduct of any person touching any public question.

4. It is not defamation to publish a substantially true report of the proceedings of a Court of Justice, or of the result of any such proceedings.

5. It is not defamation to express in good faith any opinion whatever respecting the merits of any case, civil or criminal, which has been decided by a Court of Justice.

6. It is not defamation to express in good faith any opinion respecting the merits of any performance which its author has submitted to the judgment of the public.

7. It is not defamation in a person having authority over another, to pass in good faith any censure on the conduct of that other in matters to which such authority relates.

8. It is not defamation to prefer in good faith an accusation against any person to any of those who have lawful authority over that person with respect to the subject matter of accusation.

9. It is not defamation to make a comment on the character of another, provided that such comment is made in good faith for protecting the interest of the person making it, or of any other person, or for the public good.

10. It is not defamation to convey a caution, in good faith, to one person against another.

Potential Punishment for Defamation Law in Bangladesh

As per the Bangladeshi Law, Whoever commits defamation shall be punished with simple imprisonment for a term which may extend up to 2 years and fine.

Tort and Defamation practice at TLS 

The Barristers, Advocates, and lawyers at TLS Law chamber in Gulshan, Dhaka, Bangladesh are highly experienced at assisting clients in dealing with defamation and every aspects surrounding defamation. For queries or legal assistance, please reach us at:

E-mail: [email protected]
Phone: +8801847220062 or +8801779127165
House 410, Road 29, Mohakhali DOHS