Public Figures, Criminal Defamation, and Free Speech: The Missing Public Figure Doctrine in Bangladesh Law

Abstract

Defamation law balances free expression and the protection of individuals' reputations. But in Bangladesh, all defamation claims are treated alike and remain criminalised, with no distinction between public officials and private persons or higher proof standards for public figures. Provisions in the Penal Code 1860 and the Digital Security Act 2018 have been used against journalists and critics, chilling democratic debate to silence them. This article argues for reform through decriminalisation, a serious-harm requirement, and a public figure doctrine based on “actual malice.” Drawing inspiration from U.S., U.K., and Indian jurisprudence, it highlights constitutional and policy reasons for stronger protection of speech about public power and concludes with practical legislative and judicial recommendations.

Dhaka University Law Journal, 2026, 37 (1), 203-226