Media Archives | Page 3 of 3 | Citizen's Platform for SDGs, Bangladesh

Official Secrets Act, 1923 Section 5 should be amended to emphasize only national security, and a provision for legal protection in the public interest should be added for investigative journalism.

The concerns raised by journalists, human rights activists, legal experts, and stakeholders regarding the provisions of the proposed Cyber Security Act must be addressed.

All laws related to criminal defamation, such as Sections 499, 500, 501, and 502 of the Bangladesh Penal Code of 1860, and Section 29 of the Cyber Security Act of 2023, should be repealed. Along with that, a system can be introduced to entrust the regulatory body, the proposed Media Commission, with offenses related to defamation involving journalists. The power given to the government to forfeit newspapers under Sections 99A and 99B of the Code of Criminal Procedure, 1898, is contrary to the International Covenant on Civil and Political Rights (ICCPR). Therefore, it should be repealed.

The Mass Media Reforms Commission has attached a draft ordinance for a Journalism Protection Act to this report, based on a few examples of best practices worldwide. It proposes taking steps to issue it quickly. Furthermore, it deems the following steps appropriate regarding the incidents of misuse of various laws over the past 15 years: a. Cases filed against journalists under various applicable laws, including the Penal Code, Information and Communication Technology Act, Digital Security Act, Cyber Security Act, and Contempt of Court Act, must be identified and reviewed. Based on the information obtained after the review, the concerned government prosecutor must take appropriate steps to withdraw the cases or have the police submit the final report. b. If evidence of false cases is found upon review, legal and just action must be taken against the concerned authorities. c. Arrangements must be made to compensate affected journalists and their families. d. Affected media organisations must be provided with reasonable compensation. e. Incidents of illegal intrusion, surveillance, and eavesdropping into journalists’ communications and lives must be investigated, and arrangements must be made to punish the culprits.

The Bangladesh Media Commission can be formed by combining the currently active Bangladesh Press Council for newspapers and news agencies, and the Broadcast Commission proposed by the previous government for broadcast media and online platforms. This institution must be established as an independent body, free from government control. Media institutions may finance the expenses of this organisation by determining a fixed-rate contribution from their income. As a media regulatory body, the responsibilities that the Bangladesh Media Commission will perform include: a. Determining the qualifications and disqualifications of publishers and editors so that persons convicted of criminal offences and loan defaulters cannot become media owners/editors. b. Determining the minimum educational qualification for journalism. c. Journalists working across the country will be registered with the Media Commission, and the Commission will maintain a list of them. d. It will formulate a code of conduct for journalists and ensure its compliance. e. It will recommend the issuance of licenses for broadcast media (TV and radio) and online portals and ensure compliance with the conditions of those licenses. f. Providing remedies for complaints by individuals, institutions, or groups harmed by false or deliberately motivated news. If this is possible, it will achieve an important advancement in establishing institutional accountability of the media, and the media will be able to earn public trust.

The advance tax levied on the honorariums of media columnists, contributors, artists, and guest presenters/discussants is equivalent to taxing creativity. This advance tax should be abolished.

Media organizations must make their financial accounts public every year to ensure the transparency of their income.

Total Reforms Being Tracked

27

14

Reform Proposed

The reform idea or commitment is publicly articulated.

11

Reform Initiated

Preliminary steps are taken (e.g., circulars or notices by relevant...

01

Legal and Policy Framework

The reform is codified in policy, law, or regulation.

01

Operationalisation

Institutional or administrative mechanisms are established for the reform delivery.

00

Action Implementation

Tangible actions showing visible progress or outcomes are taken.