23322 evsjv‡`k †M‡RU, AwZwi³, A‡±vei 6, 2019 (s) “defamation” means defamation as defined under section 499 of the Penal Code (Act XLV of 1860); (t) “malware” means such kind of computer or digital instruction, datainformation, programme or apps which (i) changes, distorts, destructs, damages or affects any activity done by digital device or computer, or creates adverse effect on performing activity of it; or (ii) being connected with any other computer or digital device, becomes auto-active while activating any programme, datainformation or instruction of the computer or digital device, doing any function, and by means of which causes harmful changes or incident in the computer or digital device; (iii) creates opportunity of stealing information from a digital device or automatic access to it; (u) “spirit of liberation war” means the high ideals of nationalism, socialism, democracy and secularism which inspired our heroic people to dedicate themselves to, and our brave martyrs to sacrifice their lives in, the national liberation struggle; and (v) “service provider” means (i) any person who enables any user to communicate through computer or digital process; or (ii) any person, entity or institution who or which processes or preserves computer data in favour of the service or the user of the service. (2) The words and expressions used in this Act but not defined shall have the same meaning as are used in the Information and Communication Technology Act, 2006. 3. Application of the Act.If any provision of any other law is inconsistent with any provision of this Act, the provision of this Act shall apply to the extent inconsistent with the provision of that any other Act: Provided that the provisions of the Right to Information Act, 2009 (Act No. XX of 2009) shall be applicable to a matter related to right to information. 4. Extra territorial application of the Act. (1) If any person commits any offence under this Act beyond Bangladesh which would be punishable under this Act if committed in Bangladesh, the provisions of this Act shall be applicable in such manner as if he had committed such offence in Bangladesh.

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