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| MAISHA TASNIM RAFA LL.B. Graduate, American International University-Bangladesh (AIUB) |
The media advocate for democracy and individual rights in today's society as the fourth estate of a state. The importance of press freedom to a functioning democracy is well acknowledged. Yet multiple sorts of insecurity, including as murder, enforced disappearance, assault, and threats, have pushed governments across the world to question the effectiveness of this basic human right. The major mass media in a society are influenced by the economy, government, religion, and culture. Since the beginning of the modern period, press and speech freedoms have been pillars of a free society. Recently, journalists have been subjected to an increase in acts of violence, threats, and insecurity. Fear of losing one's job, Political harassment and extortion from governmental or political authorities, anti-public legislation, and consciousness are some of the elements that might impede media freedoms. In Bangladesh, however, there are surprisingly few studies focusing on journalist safety and media governance. This study examines the safety concerns of journalists who have worked in Bangladesh's main media outlets at various times.
A democratic society also needs an independent news media. Press freedom is essential to the functioning of a democracy and to the protection of individual liberties, which every free person has the right to enjoy. But governments' authoritarian treatment of journalists and the mainstream media, as well as their attempts to control them, undermine this independence. Numerous nations have shown how laws that restrict press freedom are drafted and implemented, often using technical terminology with multiple meanings. Recently, the government of Bangladesh enacted a number of laws that are strikingly similar to those of other nations. The government has been tasked with ensuring that the correct rules are obeyed, yet it often misinterprets the language and occasionally behaves intentionally. According to RSF's World Press Freedom Index 2021, “Bangladesh is one of the most hazardous and violent nations for media journalists in South Asia." In certain instances, not just criminal organizations but even the government might pose a danger. Journalists who reveal the truth or harm the interests of a particular group are more likely to be murdered, harassed, tortured, arrested, vanish, or be subjected to other forms of mistreatment. New types of control measures in Bangladesh include the prohibition on newsprint and transmission as well as restrictions on media advertising. People employed in the media business will immediately lose their financial security.
Journalists from Bangladesh have
been attacked for their profession or for opposing the government. Others have
experienced assaults and disappearances, and the draconian CyberSecurity Act
has penalized others (CSA). In addition, pro-government organizations have
participated in smear campaigns against journalists, even those stationed
overseas, for criticizing the political system. In the first two months of
2025, Ain o Salish Kendra reported a staggering 62 incidents of harassment
against journalists. Among these, five journalists faced trumped-up charges, 25
were physically assaulted on the job, and five others were targeted with legal
actions in retaliation for their reporting.
Reporters Without Borders (RSF) has
found that at least 266 journalists have been implicated in various cases
related to the events of July and August last year. The highest number of those
cases has been filed in Dhaka -- 88. Sylhet and Chattogram come second and
third, respectively, with 39 and 36 journalists prosecuted. Savar, Narayanganj,
Kushtia, Brahmanbaria and Bogura saw between 10 and 20 journalists prosecuted
in each of these districts. The other districts where journalists faced murder
charges or cases filed over July-August violence include Cox's Bazar, Khulna,
Lakshmipur, Barguna, Narail, Patuakhali, Thakurgaon, Barisal, Munshiganj,
Bagerhat, Jashore, Pirojpur and Netrakona. Nearly 50 media organisations, from
top national newspapers and television stations to local publications, have
been impacted by these cases.
There were a few clear-cut cases.
For example, in Narayanganj, two district correspondents were spotted in videos
accompanying deposed lawmaker Shamim Osman during a rally where his followers
fired on student protesters. One of the journalists was seen in a video
carrying a firearm in each hand as the violence ensued.
But overall, only 18 percent of the journalists prosecuted -- about 50 -- had overt political stripes or benefitted from the AL regime. The majority were the victims of retaliatory cases. For example, in Sylhet, Monwar Jahan Chowdhury, a UK expatriate and UK correspondent of Daily Shomoyer Alo, was accused in a case even though he moved to the UK a couple of years ago, reports our correspondent.
Bangladesh’s legal infrastructure
includes several acts that directly or indirectly suppress media freedom:
● The Printing Presses and
Publications Act (1973) allows district magistrates to control newspaper
declarations and suspend publications.
● The Special Powers Act (1974)
criminalizes printing or distributing any material deemed harmful, with
punishments including up to five years’ imprisonment.
● The Official Secrets Act (1923)
prohibits journalists from accessing or publishing government documents, even
if the intent is to inform the public.
● The Contempt of Courts Act (1926)
and sections of the Penal Code criminalize “scandalous” publications or
materials that could disturb public order or religious harmony.
● The Code of Criminal Procedure authorizes the government to confiscate publications and prohibit individuals from writing or publishing.
These laws grant wide discretionary
power to state actors, enabling them to penalize journalists arbitrarily.
Despite these challenges, some laws
and constitutional provisions offer protection:
● Article 39 of the Bangladesh
Constitution guarantees freedom of thought, expression, and press, albeit with
reasonable restrictions.
● The Newspaper Employees Act (1974)
and The Press Council Act (1974) protect the employment rights of journalists
and promote ethical journalism.
●
The
Right to Information Act (2008) grants citizens the right to access public
information, theoretically empowering journalists to investigate wrongdoing.
International protections also
apply:
● The Third Geneva Convention and
Protocol I recognize journalists in conflict zones as civilians who must be
protected.
● Article 19 of the Universal
Declaration of Human Rights (UDHR) guarantees freedom of expression.
● UNESCO and UN Resolutions (including
Resolutions 29 and 1738) condemn violence against journalists and call for
state accountability.
●
Shield
Laws in various countries, although absent in Bangladesh, serve as models for
protecting journalists from being compelled to reveal sources.
Among the dilemmas of balancing the external threats and intimidation stemming from the nature of their profession and the internal struggle to uphold ethical standards in the face of immense pressure and potential compromise, Bangladesh's press freedom improved, climbing from 165 to 149 in the World Press Freedom Index, the latest release from Reporters Without Borders (RSF) assessed. Despite this rise, the press freedom situation in Bangladesh is still classified as "very serious".
To ensure the protection of
journalists and uphold constitutional rights in Bangladesh, it is imperative to
undertake several key measures. Legal reforms are urgently needed to amend or
repeal repressive laws such as the Digital Security Act, Official Secrets Act,
and Special Powers Act, which are often used to suppress press freedom.
Establishing a dedicated legal framework that guarantees journalists' safety
and institutional independence—such as a Journalist Protection Act and a
strengthened Press Council—is essential. An independent oversight body should
monitor violations, and law enforcement agencies must be held accountable for
attacks on media professionals. Additionally, mechanisms for emergency legal
aid, security assistance, and access to public information should be implemented.
Training in ethical journalism and digital security should be promoted, and
international cooperation should be encouraged to align national practices with
global standards. Above all, fostering a culture of democratic tolerance and
open dialogue is crucial to ensuring that journalists can perform their duties
without fear or interference.
Apprentice Lawyer, Dhaka judge court,
LL.B. Graduate, American International