OFFENSIVE STATEMENTS ON SOCIAL NETWORKING PLATFORMS WITH THE SPECIAL REFERENCE TO CYBER DEFAMATION: A COMPARATIVE ANALYSIS BETWEEN MALAYSIA AND BANGLADESH
Crimes committed due to misuse of social networking sites are becoming a serious matter in Malaysia, Bangladesh as well as all over the world. As a comparative study the key objective of this paper is to examine how social networking websites are being misused in committing crimes especially online defamation in online environment in Bangladesh as well as Malaysia, and to analyze the legal frameworks and the attitudes of judiciaries of these jurisdictions on the present matter. It also attempts to identify the certain issues and challenges, and their possible solutions. It is mostly analytical in nature, and largely based on primary sources of laws and secondary relevant materials of law like books, articles are also used. Social Networking Sites particularly Twitter & Facebook are leading to various offences especially offensive and defamatory speech in those platforms. Although legal instruments recognize such activities as offences, the controlling of those is being affected due to existence of certain substantive as well as procedural lacuna in laws and ineffective enforcements mechanisms. The scope of crimes committed in cyber space due to misuse of social networking sites is wide, but the ambit of this paper is limited to offensive statements especially cyber defamation. It is not going to distinguish defamation committed online environment under civil or criminal laws rather to analyze defamation committed in Malaysia as well as Bangladesh through using Facebook & Twitter. It is mostly trying to make a comparison on the said matters between two jurisdictions rather than justifications.
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