Published on 12:00 AM, December 23, 2022

LAW REVIEW

Rethinking the effectiveness of laws controlling sight pollution

In comparison with more known forms of pollution, the concept of sight pollution is relatively unconventional. But its impact on the environment is neither negligible nor unknown. Sight pollution can be defined as the pollution caused to the visual aspect of the environment damaging its aesthetic beauty and impairing the ability of individuals to relish the same. Posters, advertisements, billboards, electric wires, antennas, to name a few, are the main contributors of sight pollution. In Dhaka and other urban regions of Bangladesh, uncontrolled use of posters and graffitis are major causes of sight pollution.

The Graffiti Writing and Poster Sticking Control Act 2012 ("2012 Act") penalises the act of sticking posters on walls and doodling graffiti without authorisation. Section 4 of the 2012 Act allows the local authority to specify places for the purpose of sticking posters and doodling graffiti. Any poster glued or graffiti done in places not specified under section 4 is a punishable offence. Person responsible for unauthorised posters and graffiti may be fined with an amount between BDT 5000 and BDT 10,000. Unfortunately, these provisions have had no effect whatsoever in reality. Moreover, the Bangladesh Environmental Conservation Act, 1995 ("BEC Act") is absolutely silent regarding the issue of sight pollution although sight pollution has an immediate connection with other forms of pollution addressed in BEC Act. 

Papers add a severe toll to waste management - without the proper mechanism of recycling and reusing papers, the situation gets worsened. Both the local authority and the concerned people are lax in ensuring proper removal and disposal of posters. Production of posters in large volumes requires an inconceivable amount of deforestation every year thereby contributing to climate change. Paper production also requires emission of deadly components including carbon dioxide, nitrogen dioxide and sulphur dioxide which are reportedly responsible for global warming. 

There is hardly any place, mostly in the urban areas, bereft of posters and graffiti; and in most of the instances they are unauthorised. Due to the negligence and reluctance of the concerned local authority and excessive advertisements, the culture of posting unnecessary posters and graffiti is exacerbating. Undoubtedly, creative graffiti showcases innovative minds and enhances the beauty of a place, but often, they may create nuisance and damage the natural beauty and aesthetics of a place.

The proper implementation of the 2012 Act would have an enormous prospect in reducing the pollution generating from papers: firstly, it can ensure that posters are not being glued unnecessarily and minimise the use of paper; secondly, the 2012 Act can also sensitise the people regarding their duty to refrain from environmental pollution. There is no denying the fact that every time a paper is not printed, in one way or another, the environment is being protected. Had there been positive compliance of the 2012 Act, thousands, if not millions, of trees would have been protected from being cut down for paper manufacturing. 

Though the 2012 Act had the noble potential to reduce the unnecessary use of posters, it has failed to come to any aid. It has been ten years since the 2012 Act was passed, but unfortunately, people at large are unaware of it. The 2012 Act provides the provisions of penalty for its non-compliance and unauthorised posters, but there is hardly any instance that shows its practical application. Further, use of electronic and paper-free means has long been established as an effective alternative for advertisement purposes and accordingly, the 2012 Act may need to be revisited to accommodate these developments. 

With the upcoming general elections in 2024 which is likely to overflow the whole country with posters, it is high time we assessed the utility and effectiveness of the 2012 Act. This decade-old law needs to be revisited and rearranged for proper efficacy. Joint efforts from both the government and the citizens are required for its implementation. Awareness regarding the deleterious impacts of mindless use of posters on the environment can also play a crucial role in this regard. 

 

The writer is an Associate at Law Valley.