The word Sexting is a portmanteau word, a combination of the words “sex” and “text.” sexting has become a phenomenon among both adults and teens. Sexting means using your phone, computer, or camera to take or send sexy messages or images — usually selfies. Boys, Teen, Adults everyone thinks that this is a fun way to communicate with girls. Recent years it has boomed in popularity.
My name is Tamanna Karim doing BBA in East-West University one of my friends faced a sexting situation which was crossing the friendship line at that point we talked to a lawyer and his name is Barrister Omar Khan Joy, Advocate, Supreme Court of Bangladesh. I am putting the whole situation down below
I am a girl of 22 and studying in a reputed private university in Dhaka. Recently I am quite disturbed with the activities of my friends who are used to make obscene photos and sexually implicit jokes and materials by SMS and MMS. Some of them are sending semi-nude photos of their own. A few of my female friends are also happily participating! In a country like Bangladesh, I am sure it is not lawful. When I objected, there were different reactions.
While some took it seriously and stopped sending me anything, few of them tagged me as ‘backdated/un-smart’. But, unfortunately some just continue to send me such things. In this regard, I need legal advice to address the matter in a stronger manner.
Thank you very much for your query. Yes, you are very much correct to say that the activities performed by your friends are not at all permitted within the legal framework of Bangladesh. It goes without saying that these are certainly also against our social and cultural values. Such activities are not only condemned in Bangladesh as illegal, but the same is also considered illegal within western liberalism, in countries like the USA, UK, Australia, etc.
These activities are termed as ‘sexting’ in contemporary English, though the wording has not yet been adopted by the legal draftsmen.
In Bangladesh, such activities may attract violation of different legislations and the violators may face conviction and maybe ultimately send to prison. Hence the matter is not at all something to be taken lightly. Your friends should realize that if someone takes it really seriously and files a complaint with the law enforcing agencies, they are very likely to be convicted with criminal offenses. To prove the offense will also be relatively easier as because of the technological records. You will find below a synopsis of the possible offences by your mates.
Penal Code, 1860 (Sction292, Section 294, Section 509)
* Bangladesh Telecommunication Act, 2001(Section 70)
Pornography Control Act, 2012
* As per the definition of Pornography under the 2012 Act, sexting is certainly considered as pornography.
* Section 4: As per section 4, no one can produce, distribute, preserve, store, market, carry, buy or sell any pornography. The person, who produces the pornography, will be fined with maximum BDT 200000 and imprisoned up to 7 years, while the person who circulates the same will be fined up to BDT 200000 and imprisoned up to 5 years.
In the light of the above, I am sure that you will be able to realize the gravity and seriousness of the illegality. You should advise your friends accordingly and warn them that they may put themselves into serious peril at any time by continuing with such activities.