With the quite a few legal guidelines that exist already to manage—or higher nonetheless, suppress—the media, and the diligence with which new ones are being ready, one would suppose that of all of the areas that want fixing, our authorities expects the journalists to be “mounted” first. However why? Why is there by no means an acceptance that impartial media is the lifeblood of democracy, good governance, rule of legislation and accountability? Why is there no recognition of the truth that international locations that advance into the rank of “growing international locations” achieve this not solely with larger GDP, but additionally with larger ranges of human rights and all types of freedoms? Improvement can’t be simply in financial system, it should even be in society. It have to be holistic to be significant.
Final Saturday, in a belated statement of the World Press Freedom Day, all of the apex our bodies of journalists, and people representing the house owners and editors, collectively expressed considerations concerning the state of the free press in Bangladesh, and the challenges earlier than the business as an entire.
Working journalists highlighted the problem of surveillance which has reached harmful ranges with the acquisition of newest listening and monitoring units by state companies. A few of our district correspondents endure a higher diploma of surveillance than these within the cities—extra direct and crude. They’re typically informed point-blank to not see some individuals and are known as inside minutes of their assembly with an opposition politician desirous to know what transpired. Typically, sources are known as and warned towards assembly sure reporters not within the good books of officers.
The occasional leaks within the public area of non-public phone conversations of people who the authorities need to embarrass, or whose repute they need to harm, show the extensive web of phone tapping that goes on. Throughout Prothom Alo reporter Rozina Islam’s detention by police, a phone dialog between one among her feminine colleagues and the latter’s father grew to become public. It was meant to point out Rozina in a foul gentle, proving that each Rozina and her colleague’s telephones have been tapped. The query is, what number of journalists’ telephones are monitored? We assume that many editors’ telephones are monitored, too. Is that this operation authorised by anybody? If sure, then, by whom? Beneath what legislation? By what standards are these beneath surveillance chosen? Or is it left to the whims of the officers involved? What about privateness? What concerning the misuse of this apply? Is there any accountability? Individuals in energy now benefit from the fruits of this. When issues flip round, they turn into its worst victims.
Here’s a transient listing of legal guidelines that instantly or not directly have an effect on journalism: i) The Penal Code 1960 (Part 499—Defamation); ii) The Code of Prison Process 1898 (sections 99, 108, 144); iii) The Official Secrets and techniques Act 1923; iv) The Contempt of Courtroom Act 2013; v) The Printing Press and Publication (Declaration and Registration) Act, 1973; vi) The Press Council Act, 1974; vii) The Newspaper Staff (Situation of Service) Act, 1974; viii) Data and Communication Expertise Act, 2006; ix) The Digital Safety Act, 2018; x) The (Draft) Bangladesh Telecommunication Regulatory Fee (BTRC) Regulation for Digital, Social Media and OTT Platforms, 2021; xi) The (Draft) Over The High (OTT) Content material-Primarily based Service Offering and Operation Coverage, 2021 (by ICT Division); and xii) The (Draft) Mass Media Staff (Providers Situations) Act 2022.
The defamation legislation isn’t solely among the many most steadily used but additionally one that’s most abused. The legislation clearly states that solely the particular person defamed can lodge a case, and that not a couple of case could be lodged. In apply, actually anyone can lodge such a case claiming that, “I’ve been defamed as a result of my chief was defamed”, or some such pleas. The tragedy is that the decrease courts settle for it, and likewise in a couple of occasion. Thus, journalists and/or editors are seen attending courtroom hearings in all components of the nation and looking for bail. Fortunately, situations of defamation instances have decreased. Nevertheless, solely the day earlier than yesterday, Bhorer Kagoj editor and writer was subjected to a doubtful defamation case.
A lot has been written concerning the Digital Safety Act and its devastating impression on the free media. Its dangerous results have gotten clearer each day, forcing our journalists and editors to apply self-censorship as a way to survive. After relentless complaints and lots of studies by the worldwide media our bodies, our international minister admitted that “some excesses” might have occurred. Extra to the purpose, our legislation minister mentioned that no journalist will probably be instantly arrested beneath DSA and that they are going to be summoned first. We welcomed the proposal, as a primary step, and anticipated that this may be adopted by a directive from the house minister to each police station to that impact. To the very best of our information, no transfer has been forthcoming.
In the meanwhile, three draft legal guidelines are within the pipeline—one offers with information safety, the second with OTT platforms, and the third with the service circumstances of media workers.
The draft legislation for information safety has many good features, however the harmful half is that legislation enforcement companies have been exempted, with the outcome that they’re free to make use of private information in any manner they need, flouting all of the rights to privateness.
The draft legislation for OTT platforms is designed to place severe restrictions on inventive creativity and freedoms of thought and expression.
The draft legislation meant to ameliorate the service situation of media staff finally ends up doing the precise reverse. As for service circumstances, it mainly repeats what already exists, just like the wage board, and many others. Nevertheless, a lot to our concern, it introduces hitherto non-existent media courts to be arrange in each district. They are going to be added to by media appeals courts at larger ranges. The operate and goal of such courts stay completely unclear. We within the media really feel—and right here the editors, house owners and dealing journalists’ unions are all in unison—that this legislation is a “medication extra dangerous than the ailment”, and can entangle the media into complicated and complicated authorized battles. There are quite a few provisions for enhancing bureaucratic interference within the operation of media homes by compulsory reporting, which is completely opposite to the operation of industries within the non-public sector.
The time has come for a complete change of mindset—as a substitute of at all times wanting on the media because the “enemy” that must be managed, or no less than stored beneath surveillance, it needs to be seen as an “ally” within the democratic and growth journey that Bangladesh is nicely launched into.
I need to conclude by quoting Manzurul Ahsan Bulbul, a senior journalist and union chief, who just lately mentioned, “Doing journalism in Bangladesh at the moment is like swimming in a pond filled with crocodiles”. We might be able to swim round them for some time, however when any one among them will devour us, we do not know.
Mahfuz Anam is the editor and writer of The Each day Star.
