Last Change:

12/26/2024

The Pornography Control Act

Year: 2012

Type: Domestic law

Rights Category: Liberty & security of person

Description

The Pornography Control Act of 2012 criminalized pornography. The possession, distribution, production, and use of pornographic material was made illegal. The maximum punishment under current law is 10 years in jail and/or 500 thousand Taka fine. Under section 5, any offense under this Act has to be investigated within 30 days with an extension of 15 days (if could not be completed within 30 days) and a further extension of one month by application to the Court.

Selected provisions
Section 2: Definitions

In this Act, unless there is anything repugnant in the subject or context,-
(c) “pornography” means—
(i) any obscene dialogue, acting, gesture, nude or half-naked dance that is sexually arousing, which may be captured and displayed in movies, video images, audio-visual images, still images, graphics or any other means and which has no artistic or educational value;
(ii) pornographic books, periodicals, sculptures, figurines, statues, cartoons or leaflets that cause sexual arousal;
(iii) the negative and soft versions of the matters specified in sub-clauses (i) or (ii);
(d) “Pornography equipment” means cameras, computers or computer parts, CDs, VCDs, DVDs, optical devices, magnetic devices, mobile phones or their parts and any electronic, digital device or any other technology-based device used for the purpose of producing, storing, capturing or displaying pornography;
(e) “Child” means child as defined in section 2(f) of the Children Act, 1974 (Act No. XXXIX of 1974).

Section 4: Prohibition of preservation and marketing of pornography etc.

Pornography shall not be produced, preserved, marketed, carried, supplied, purchased, sold, retained or displayed.

Section 8: Penalty

(1) If any person produces pornography or contracts with participants to produce pornography, or any woman, man or child is forced to participate, or any woman, man or child is involved in a temptation, knowingly or unknowingly of him capture a still image, video or film, he shall be deemed to have committed an offence and for such offence shall be punished with rigorous imprisonment for a term which may extend to 7 (seven) years and shall also be liable to a fine not exceeding taka 200,000 (two lakh).
(2) Any person shall be deemed to have committed an offence harms the social or personal status of another person through pornography or extorts money through intimidation or any other benefit or knowingly or unknowingly mentally torture him through any captured pornography, he and for such offence shall be punished with rigorous imprisonment for a term which may extend to 5 (five) years and shall also be liable to a fine up to taka 200,000 (two lakh).
(3) Any person providing pornography through the Internet or website or mobile phone or any other electronic device shall be deemed to have committed an offence and shall be punished with rigorous imprisonment for a term which may extend to 5 (five) years and shall also be liable to a fine not exceeding taka 200,000 (two lakh).
(4) If any person by displaying pornography causes public nuisance shall be deemed to have committed an offence and for such offence shall be punished with rigorous imprisonment for a term of maximum period of 2 (two) years and shall also be liable to a fine up to taka 100,000 (one lakh).
(5) If any person-
(a) sells, rents, distributes, supplies, publicly displays or otherwise circulates or with all or for any purpose prepares, produces, transports or stores pornography; or
(b) circulates any type of advertisement for getting any type of pornographic place; or
(c) takes any initiative to act identified as an offence under this sub-section;
he shall be deemed to have committed an offence and for such offence shall be punished with rigorous imprisonment for a term which may extend to 2 (two) years and a fine not exceeding taka 100,000 (one lakh).
(6) Any person using a child to produce, distribute, print and publish pornography, or to sell, supply or display child pornography, or to advertise any child pornography shall be deemed to have committed an offence and for such offence shall be punished with rigorous imprisonment for a term which may extend to 10 (ten) years and a fine up to taka 500,000 (five lakh).
(7) Everyone who is directly involved or aiding and abetting any offence under this Act shall be punished with the same punishment.

Section 9: Cases where the Act is not applicable

The provisions of this Act shall not apply to any book, writings, drawing or image preserved or used for religious purpose, or any religious shrine or inside of it or used for altering idols or engraved, enameled, depicted or redepicted in away on any vehicle or any sculptures or artistic work preserved for religious purpose.