Will the press finally become free in Bangladesh 2.0?
Can journalists, being members of the "fourth branch" of government, volunteer to declare their assets following other government sectors?
In one of his early public statements immediately after assuming the role of Chief Advisor, Professor Muhamamd Yunus outlined the key tasks he wanted to undertake during his interim tenure. He said, "Our task now is to implement vital reforms in our electoral system, judiciary, local government, media, economy, and education."
Professor Yunus has rightly identified the key areas, which have been systematically dismantled over the past 15 years of despotic rule. This autocratic regime, ultimately overthrown by a mass uprising of students and the public, left the state weakened and in dire need of reforms. Vital institutions, responsible for operating independently, neutrally, and transparently, gradually collapsed, only to become instruments of the authoritarian government.
The call for reform is now louder than ever, focussing on restoring these institutions to their original purpose of serving the public in general. The news media, or the press, is no exception to this breakdown.
As the 'fourth estate' with a constitutional mandate to uphold democracy, the press has by and large failed in its duties. The failure stems not only from inherent structural flaws within the media but also from the hostile political and legal landscapes that have stifled its independence and effectiveness.
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The state of Bangladeshi news media over the past 15 years had been as restricted as it was in 1780, when Hicky's Bengal Gazette began publishing from Kolkata, becoming the first printed newspaper in British India.
As recorded in Banglapedia, James Augustus Hicky, the founding editor, persistently criticised the corruption of the Fort William authorities, leading to his deportation and the closure of the weekly newspaper in 1782.
There are a number of laws that restrict media freedom. The Official Secrets Act, 1923; the Printing Presses and Publications (Declaration and Registration) Act, 1973; the Press Council Act, 1974; the Contempt of Court Act, 2013; and the Cyber Security Act, 2023, which is a successor to the infamous Information and Communication Technology Act, 2006, and the Digital Security Act, 2018, contain harmful provisions that obstruct press freedom.
Moreover, the Penal Code, 1860 (Section 499— Defamation), and the Code of Criminal Procedure, 1898 (Sections 99, 108, 144) also act as barriers to press freedom, as well as to free thoughts and publications.
There are more laws on the horizon. The (Draft) Bangladesh Telecommunication Regulatory Commission (BTRC) Regulation for Digital, Social Media, and OTT Platforms, 2021; The (Draft) Over-the-Top (OTT) Content-Based Service Providing and Operation Policy, 2021; and the (Draft) Mass Media Employees (Services Conditions) Act, 2022 include deeply flawed sections that will impede not only press freedom but also overall freedoms of expression.
The interim government should immediately form a committee or commission to recommend the omission or repeal of sections or acts that conflict with the spirit of the Bangladesh Constitution, which ensures press freedom.
Article 39 of our constitution guarantees every citizen the right to freedom of speech and expression, as well as freedom of the press, although these rights are subject to 'reasonable restrictions imposed by law in the interests of the security of the state, friendly relations with foreign states, public order, decency or morality, or in relation to contempt of court, defamation, or incitement to an offence.'
As free news media is the lifeline of democracy, good governance, the rule of law, and accountability, it is the responsibility of the state to allow it to function without any restriction.
The government, executive officials, administrators, and ruling politicians must not interfere with the work of journalists. An independent body with judicial powers should be established where journalists can file complaints and receive timely redress.
In the new Bangladesh, it is crucial that no journalist faces intimidation, coercion, harassment, surveillance, or doxing from state security forces, intelligence agencies, or any other institution. This will demonstrate the state's clear respect for media autonomy and ultimately empower the press to hold politicians and the government accountable in the public interest.
The Press Council, established under The Press Council Act, 1974, must also be strengthened in line with best practices in Western democracies to allow aggrieved individuals to lodge complaints against specific news organisations and have their grievances addressed within a set timeframe.
The interim government needs to redesign the mechanism to distribute government advertisement transparently as per agreed policy among the news media outlets.
The process used by the DFP (Department of Films and Publications) to rank newspapers based on circulation for government advertisement allocation lacks transparency.
Similarly, the TRP (Television Rating Point) system provided by Bangladesh Satellite Company Ltd could be made more reliable by installing additional TRP devices in households, ensuring the survey results are more representative.
Over the years, much has been discussed regarding the autonomy of state-run broadcasters such as Bangladesh Television and Bangladesh Radio, yet no significant action has been taken. It is high time the interim government addressed this to ensure taxpayers' money is not wasted.
The government can look to the BBC, the British public service broadcaster, as a model, where the Board oversees its mission and public purposes as outlined in the Charter, while the Executive Committee manages day-to-day operations.
Additionally, the state-run wire service, BSS (Bangladesh Sangbad Sangstha), needs to be revamped through competitive recruitment processes and the introduction of performance targets to ensure efficiency and accountability.
In democratic societies, the news media are often regarded as the 'Fourth Estate' or the fourth branch of the government, alongside the executive, legislature, and judiciary. Although unofficial, the term 'Fourth Estate' is widely recognised for describing the media's role in providing citizens with information that holds the government accountable.
While journalists often boast about being a part of the 'fourth branch' of government, they have fundamental responsibilities to earn the public's trust. They must refrain from meddling in party politics under the guise of journalism. If a journalist wishes to enter active politics, she/he should first leave the profession.
Recently, the government ordered all public servants to submit their asset statements through a directive issued by the Ministry of Public Administration.
Earlier, the interim government's legal adviser announced that following consultations with the Supreme Court, all judicial officials and their family members had been instructed to declare both their movable and immovable assets.
Can the members of the "fourth branch" of the government volunteer to declare their assets, following the lead of other government sectors in Bangladesh 2.0? If journalists take this step, they would be better positioned to ask the right questions to those in power.
Shamim A Zahedy is a journalist. He can be reached at szahedy@yahoo.com
Disclaimer: The views and opinions expressed in this article are those of the author and do not necessarily reflect the opinions and views of The Business Standard.
