2018 draft broadcast law returns with lighter sentences, tighter grip

The Ministry of Information and Broadcasting has initiated the process of enacting an broadcast ordinance, slightly revising an earlier broadcast law that was approved ahead of the 2018 national election by the Awami League government but was shelved amid criticism from media professionals.

The proposed ordinance, finalised at an inter-ministerial meeting on 9 April, reduces the maximum punishment for violations from seven to five years' imprisonment and a fine of up to Tk50 lakh from Tk5 crore.

The draft has been sent to relevant ministries for feedback on 21 April, officials said, adding that the revisions are based on previous feedback, and more changes may follow. 

"Provisions on imprisonment and fines may change further. Once opinions are received, stakeholders, including journalists, will be consulted before finalisation," said Additional Secretary Farah Shammi.

However, transparency advocates and media professionals remain wary.

Iftekharuzzaman, executive director of Transparency International Bangladesh (TIB), warned that the draft leaves key issues to be determined later through rules, potentially enabling arbitrary enforcement. 

"It allows enforcement through administrative orders, which in our experience often leads to targeted harassment," he told The Business Standard.

Kamal Ahmed, a senior journalist and head of the Media Reform Commission, echoed the need for caution. 

"We do need a law – but it must be shaped through consultation with stakeholders. Without a clear legal framework, online and broadcast media are operating in a chaotic space," he said.

Controversial legacy

The roots of the broadcast law date back to 2014, when the Awami League government introduced a National Broadcast Policy, drawing sharp criticism from civil society and media groups. 

In response, the government promised to enact legislation to implement the policy and formed a 40-member committee. 

On 30 November 2016, the draft law was uploaded to the ministry's website for public feedback. In October 2018, just ahead of the general elections, the Hasina-led cabinet approved the draft.

However, facing resistance from media organisations such as the Editors' Council and the Newspaper Owners' Association of Bangladesh, the government eventually refrained from placing the bill before Parliament.

Key provisions in revised ordinance

The new ordinance retains several measures targeting broadcast and online media. 

Under Section 27(4), publishing or airing any classified military or civil information that could threaten national security or public order would carry up to five years' imprisonment or fines ranging from Tk10 lakh to Tk50 lakh, or both. 

Section 27(2) imposes a maximum of three years' imprisonment or fines between Tk10 lakh and Tk50 lakh for airing content, advertisements, or programmes deemed anti-state or against public interest. 

Also, failure to comply with government directives on national issues will be punishable with fines ranging from Tk1 lakh to Tk50 lakh.

Operating without a valid licence would be punishable by up to three years in jail or fines between Tk10 lakh and Tk50 lakh. 

Media entities airing unauthorised advertisements – such as those promoting unlicensed financial institutions, gambling, tobacco, alcohol, or content that misuses religious sentiment or misleads the public – could face up to three years' imprisonment or fines ranging from Tk5 lakh to Tk30 lakh. 

Broadcasting advertisements featuring key state institutions and installations – such as the National Parliament, Prime Minister's Office, Secretariat, courts, cantonments, or any Key Point Installations – without authorisation could attract penalties between Tk10 lakh and Tk50 lakh.

TIB's Iftekharuzzaman criticised the ordinance's vague terminology. "Without clear definitions, these can be misused to censor the media and silence critical voices," he said. 

He also noted that while the law strongly protects "religious sentiments", it fails to uphold broader values like "communal harmony, diversity, and equality".

Kamal Ahmed raised similar concerns: "What exactly is meant by 'national issues' or content that could 'disrupt public order'? Without clarity, such terms could be abused to punish journalists unfairly."

Commission, Tribunal proposed

The draft proposes setting up a Broadcast Commission empowered to recommend punitive actions if a broadcaster is found to air content that endangers national security, incites extremism or spreads misinformation. 

It also outlines the formation of one or more Broadcast Tribunals, led by district judges, to try offences under the ordinance. 

Only individuals authorised by the commission may file complaints, which must undergo investigation within 30 days, extendable by 15 days.

Although the offences are non-cognisable and bailable, trials must conclude within 90 working days from charge framing. Delays must be reported to the High Court, and appeals can be made within 30 days of a verdict.

Licensing, ownership rules

The ordinance mandates licence or registration for all broadcast and online platforms, based on commission recommendations. 

Existing outlets previously approved by the ministry will be automatically considered licensed but will require renewal. 

Ownership of media entities cannot be transferred within two years of launch, and even after that, ownership transfers are capped at 49%.

Kamal Ahmed called for greater transparency in licensing: "The commission has proposed that licensing decisions not be left entirely to the government. Instead, we suggest forming a National Media Commission to ensure fairness."