Limitations of Journalism in Bangladesh

Limitations of Journalism in Bangladesh

Bangladesh struggled for its independence for a very long time. Finally it won and got back its freedom in 1971. Unfortunately there are several issues that do not enjoy basic freedom where they should. One of them is journalism. Journalism is very important in functioning a country's roles and responsibilities. However, many restrictions both legal and illegal hold back the free will of journalism.

Freedom of the press is a fundamental right of all citizens as guaranteed in the Constitution of the People's Republic of Bangladesh. Although in the Article 39 of the Constitution states that freedom of speech and expression and freedom of the press are not without restrictions. However, the restrictions referred to in Article 39 assume action only by law. Without legislative authority, the executive cannot place any restriction or limitations on these freedoms.

Journalism in Bangladesh does not enjoy the freedom of press due to many limitations. According to a report conducted by International Press Institute (IPI), the limitations in journalism in Bangladesh can be, 1) laws affecting media freedom; 2) journalist safety and impunity in crimes against journalists; and 3) journalism in rural areas. There are other limitations as well which will be described in the following pages.

Laws affecting media freedom:

There are many laws that inhibit the freedom of journalism. The Printing Presses and Publication Act (PPPA) 1973 is one of the press legislations. This act defines that to become a newspaper or magazine owner or publisher, permission, declaration and registration from the government is required. A proper trade license from Municipal Corporation is a further requirement. The district magistrate may authenticate or withhold authentication of declaration on the basis of the certificate. This may inhibit the freedom to own a newspaper if the Government party or the district manager has any conflict with the owner.

Official Directories is another limitation. From time to time, official directives are sent by the Government to inform the press organizations about the new restrictions on writing. Often times, these restrictions already exist in the PPPA, but are clearly redefined to emphasize the importance of abiding by these rules. One example is the frequent 'press advice' given to press organizations and international correspondents stating that reporting of certain opposition activities is prohibited. Occasionally the 'press advice' requests special treatment of government news.

Another limitation is Criminal Defamation, which is judicial harassment of journalists by way of defamation charges. The daily newspaper Amar Desh's acting editor Mahmudur Rahman is facing at least 21 defamation cases for publishing a report on the former prime minister's son and her energy adviser.

Editors and journalists from the dailies Inqilab, Amader Shomoy, Jugantor, Daily Star and Shamokal have also faced criminal defamation charges in the past two years.

The 1974 Special Powers Act allows detentions of journalists up to 90 days without trial for stories that are critical of government officials or policies.

The PPPA shows a trend in the government's limiting the publication of newspapers and periodicals. For example, in item (3), section (9), the PPPA says that when an established daily newspaper is not published for three months and for other newspapers six months, the publishing rights become null and void, requiring a new declaration. These sorts of