Press Council seeks power to act suo motu and fine journalists

The Bangladesh Press Council wants legal authority to act on its own initiative against the publication of news reports that it considers harmful to national integrity, independence or sovereignty, or detrimental to the public interest.

It also believes it should have the power to take similar action against the spread of rumours, fake news and hate speech. In addition, the council wants the law amended to allow it to impose financial penalties on journalists as a form of punishment.

These proposals are outlined in a report submitted by the Press Council to the parliamentary standing committee on the Ministry of Information and Broadcasting. The committee has yet to discuss the report.

Those familiar with the matter say the Bangladesh Press Council was established to safeguard press freedom and improve and maintain the standards of newspapers and news agencies.

However, the government body has rarely been seen playing a role in protecting press freedom. Instead, during the tenure of the ousted Awami League government, it drafted proposals to amend its governing law in ways that journalists described as an attempt to curtail press freedom.

The powers it is now seeking represent a revival of that earlier effort. Granting the council authority to initiate proceedings on its own would run counter to independent journalism and democratic practice, they argue.

According to sources familiar with the matter, one item on Tuesday’s agenda of the parliamentary standing committee was a discussion on how to make the activities of organisations under the Ministry of Information and Broadcasting more dynamic and responsive to the public. In response, 14 organisations under the ministry submitted written proposals to the committee.

One was titled “Specific proposals to make the overall activities of the Bangladesh Press Council more dynamic and public-oriented”. The report was signed by Press Council Secretary Md Abdus Sabur, a joint secretary of the Ministry of Information and Broadcasting.

The Press Council’s proposal states that the Press Council Act, enacted in the context of 1974, urgently needs to be updated to keep pace with the current era of free-flowing information and the rapid expansion of modern, technology-driven media.

The aim, it says, is to protect press freedom, improve and maintain media standards, and prevent malpractice in journalism and disinformation. To achieve this, the law should incorporate additional powers and areas of jurisdiction. The proposal lists 19 such powers.

They include registering journalists and issuing them certificates, setting minimum educational qualifications, bringing online news outlets under the council’s jurisdiction, establishing a code of conduct for journalists, and investigating attacks on or obstruction of independent journalism while providing protection to those affected.

The council also proposes that it be authorised to collect a levy or contribution from newspapers based on their circulation to ensure its financial self-sufficiency.

The Press Council Act was also slated for amendment under the Awami League government, which was ousted in the July mass uprising. In June 2022, the Cabinet gave in-principle approval to a draft amendment. The law was ultimately not amended.

At the time, the proposed changes included financial penalties and the power to take cognisance of offences on the council’s own initiative. The draft initially proposed fines of up to Tk 1 million, but the specific amount was removed when the Cabinet granted its in-principle approval.

The initiative drew criticism during the Awami League’s tenure. The Newspaper Owners’ Association of Bangladesh (NOAB) objected to the proposals, saying, “The proposed amendments are vague and therefore open to abuse. In particular, they refer to matters harmful to or derogatory towards the security, independence and sovereignty of the state, but provide no precise interpretation of these terms.”

Asked about the Press Council’s proposals to the parliamentary standing committee, NOAB President and Manabzamin chief editor Matiur Rahman Chowdhury told Prothom Alo that if the Press Council or any other institution were given the power to act on its own initiative, there would be little need for the courts and the legal process.

The way these legal powers are being proposed would obstruct democratic practice and independent journalism, he said. Attempts were made to introduce similar provisions under the Awami League government. It would be unfortunate if the same effort were repeated now.

He added that the council was unable to exercise even the powers it already possessed. Many people regarded it as a toothless institution, he said, and any amendment to the law must be preceded by consultations with stakeholders.

In what circumstances does the council want to investigate on its own initiative?

The report says the Press Council should be empowered to initiate investigations and take appropriate action in certain circumstances.

It states: “If newspapers, news agencies, editors, publishers or journalists publish or print news or reports that are harmful to the country’s national integrity, independence or sovereignty, contrary to public taste or journalistic codes of conduct, or detrimental to the public interest, or if they spread rumours, fake news or hate speech, the law should empower the council to initiate investigations, issue orders and take necessary action on its own initiative.”

The report further says the council should be authorised to investigate and order necessary protective measures when the freedom to publish news or practise independent journalism is obstructed, or when journalists face attacks or mob violence.

Such action could follow a complaint by the publisher or editor of an affected newspaper, or be initiated by the council itself when there are credible grounds to believe that press freedom has been violated.

The council has also proposed a provision to expedite the resolution of complaints. Under the proposed procedure, when an aggrieved person files a complaint, the council would initially direct the editor of the newspaper concerned to resolve the matter. The editor would then discuss the complaint with the complainant and seek a settlement.

The Press Council currently operates as a quasi-judicial body. It says a judge of district judge rank should be included as a member and that the council should be given exclusive authority to adjudicate matters involving journalists’ rights and professional misconduct.

The report also proposes effective legal provisions allowing financial penalties for publishing false or harassing reports, material that violates journalistic ethics or public taste, or content that breaches the code of conduct.

Emphasising the need for a code of conduct for journalists, the proposal argues that, because compliance is not mandatory, journalists are not sufficiently conscious of the need to uphold professional ethics, publish objective news and practise responsible journalism. It therefore recommends adding a provision requiring the code to be published in the official gazette. The council itself would draft the code.

The report also takes issue with journalists working in other professions simultaneously. It describes this as a clear violation of journalistic principles and ethics and a serious form of professional misconduct.

Holding two or more jobs at the same time, it argues, undermines the professional standards and dignity of journalism. The council says this restriction should be explicitly incorporated into the law.

Former head of the Media Reform Commission Kamal Ahmed, asked about the proposals, said there appeared to be a misconception that the Press Council was a judicial institution. It is an organisation under the Ministry of Information and Broadcasting, he said, and should not be granted the power to issue orders on its own initiative.

He also noted that the proposal did not address bringing broadcast media under the Press Council’s jurisdiction. “Will a separate authority be established for that purpose?” he asked.

Kamal Ahmed said the current government should adopt the proposals made by the Media Reform Commission. Instead, the latest proposals selectively retain certain elements, he argued.

Kamal Ahmed further said that reviving an ineffective institution such as the Press Council in this way would not benefit the media. Rather, it should be abolished and replaced with the commission promised by the BNP, he said, a body that would be independent and permanent.