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Does action against abusive language risk shrinking free speech?

Arrests over social media remarks spark debate over defamation, political tolerance and selective use of laws

Does action against abusive language risk shrinking free speech?
Representational image: Collected
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Political abuse has moved from streets and speeches to courtrooms, with cases and arrests turning offensive language into a legal and political battleground.

The arrest of Sifat Abdullah in Gazipur over derogatory remarks against the prime minister and the government has triggered debate over whether harsh words are now being treated as security threats. In Gaibandha, a complaint was also filed against six people over alleged offensive remarks targeting the prime minister.

The controversy comes amid a broader debate over political intolerance and the shrinking space for dissent in Bangladesh.

During the Awami League government, cases filed against journalists, politicians and social media users under the Digital Security Act drew widespread criticism. The current government had repeatedly pledged to protect freedom of expression before coming to power.

Yet, since taking office, law enforcement agencies have arrested at least 10 people in separate incidents linked solely to social media posts.

Bangladesh’s Constitution guarantees freedom of speech and expression, but legal experts and rights activists say the right does not extend to defamation or personal attacks.

“Freedom of speech does not mean you can insult anyone or damage someone’s reputation. Everyone has the right to protect their dignity,” Supreme Court senior lawyer Ahsanul Karim said.

Human rights activist Nur Khan Liton said legal action against abusive language may be necessary but warned against using such measures to silence dissent.

“Action should be taken against offences, but it must not become a tool to restrict freedom of expression,” he told TIMES.

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Professor Mamun Al Mostofa of Dhaka University’s Department of Political Science said political language itself had become increasingly aggressive.

“Freedom of expression requires certain norms. Over the past few years, abusive and vulgar language has become intertwined with political discourse. Abuse is also a form of violence,” he said.

The use of offensive language has increasingly entered political slogans, public speeches and social media campaigns.

The trend became visible during the 2018 safe road movement, when some protest slogans targeting law enforcement agencies sparked debate. Although the movement gained widespread public support, the language used remained controversial.

During the July uprising of 2024, abusive slogans and statements became even more widespread.

After the uprising, Sharif Osman Hadi, convener of Inqilab Moncho, drew criticism for using aggressive and inflammatory language at political events. Since then, abusive expressions targeting political opponents have become more common.

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What was once considered private or unacceptable language has increasingly become part of public political expression.

After the killing of scrap trader Lal Chand, also known as Sohag, in Old Dhaka in July 2025, protests were held at several universities, including Dhaka University, Jagannath University, Buet and Eden College.

During those demonstrations, obscene slogans targeting Prime Minister Tarique Rahman were heard. However, the issue did not escalate after BNP and its student wing exercised restraint.

Islami Andolan Bangladesh Senior Nayeb-e-Ameer Mufti Syed Muhammad Faizul Karim criticised the slogans.

“How can students of the highest institutions use such vulgar slogans? This does not fall within political etiquette. This cannot be the language of protest,” he said.

In another controversy, Prime Minister’s Adviser Rashed Khan faced criticism after making remarks comparing opposition politicians to animal offspring during a television talk show.

Journalist Masud Kamal said abusive language had become normalised in politics.

“After the 2024 movement, abuse has become part of political language. Many have become national figures overnight by using abusive language,” he said.

Bangladesh’s laws do not specifically prohibit the use of abusive words. However, legal experts say remarks that damage a person’s reputation can lead to defamation cases.

Supreme Court lawyer Manzill Murshid said abusive remarks could fall under defamation if they harm someone’s reputation.

Under Section 499 of the Penal Code, statements made with the intention of damaging a person’s reputation through words, signs or visible representations constitute defamation. Section 500 provides for imprisonment of up to two years, a fine, or both.

Section 29 of the Cyber Security Act 2023 also criminalises publishing defamatory information online under the definition provided in Section 499 of the Penal Code. The offence carries a fine of up to Tk25 lakh but does not include imprisonment.

However, Murshid said cases involving political figures raised questions over who should be allowed to file complaints.

“Under the law, the person whose reputation has been harmed should file the case,” he said.

He said a new pattern had emerged where allegations and charges did not always match.

“During the previous government, cases were filed directly over statements against leaders or ministers. Now, allegations may relate to one issue, while cases are being filed under another law,” he said.

Calling the practice more dangerous, Murshid warned that it created greater scope for technical harassment and human rights violations.

“If misuse continues, questions may eventually arise not only about how the law is applied but also whether the law itself should continue to exist,” he said.

Does the target decide the offence?

The current debate is not only about whether abusive language is wrong. It is also about whether the state responds equally when similar remarks are made against different political figures.

Referring to Sifat’s arrest and Rashed Khan’s remarks, journalist Masud Kamal said, “Sifat went to jail for using abusive language, while Rashed Khan is in the Prime Minister’s Office.”

Meanwhile, a BNP leader in Gaibandha filed a complaint against six people over alleged caricatures, derogatory remarks and defamatory Facebook posts targeting Prime Minister Tarique Rahman. The complaint also mentioned 10 to 12 unidentified people.

Phulchhari Police Station OC Esrakul Islam said BNP leader Mahmudul Hasan alleged that the posts had damaged the prime minister’s political and social reputation.

“Prime Minister Tarique Rahman is a matter of our emotions. Publishing caricatures or making derogatory remarks about him cannot be accepted,” the BNP leader wrote in the complaint.

He said the complaint would be investigated.

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