Law Opinion
World
press freedom day
Barrister
Harun ur Rashid
On
May 3rd, World Press Freedom Day is observed in all member-states
of the UN (191 states). The day is very significant because
press freedom is inextricably intertwined with democracy.
In democracy, political power rests with the people (
Article 7 of the Bangladesh Constitution) and they exercise
it periodically by participating in the elections. It
is the people who change the government in democracy and
in Bangladesh we have witnessed it since 1991.
Why
freedom of press is important?
Both the government and the press have common goals in
the continuing search for ways of meeting the needs, aspirations
and sufferings of people. Often journalists have to undertake
investigative journalism to expose abuse or misuse of
power of government leaders and officials.
Press
is the mirror of society and if government does not allow
press freedom, it is the government that eventually suffers
from being unexposed to people's views on governance.
In the elections government is likely to be defeated by
rival parties because the government leaders allow themselves
to be insular from the views of people.
Freedom
of press provides the people with all necessary information
about the policies and programmes of all political parties,
contesting the elections in the Parliament. That is why
journalists perform their difficult tasks appraising the
voters on issues of good governance and accountability.
Article
39.2(b) of the Bangladesh Constitution guarantees freedom
of the press "subject to any reasonable restrictions
imposed by law in the interests of the security of state".
The word "reasonable" employed in the Article
is important. If the restrictions on freedom of press
are not "reasonable", they are untenable under
the Constitution and the Supreme Court has the jurisdiction
under Article 102 to declare the restrictions without
lawful authority.
Role
of the Press
With the information technology the role of journalists
have changed around the world. Journalists have become
more investigative and sensitive to the needs and sufferings
of people. Furthermore, changes are taking place as part
of a generational shift caused by globalisation and easy
communication.
The
changes are not just part of routine duties but represent
a move in the light of concern of breaches of human rights
and good governance. Good governance is imperative for
economic growth and reduction of poverty. Among the aspects
of good governance, corruption has been the focus of a
great deal of concern and controversy.
It
is the press that is active most in exposing corruption
of officials who exercise public power for private gain.
If a country is corrupt ridden, government's credibility
is weakened in the eyes of international community. As
a result, foreign direct investment is seriously affected
and a higher rate of economic growth is not achievable.
Journalists
encounter people at the personal level and know the heartache
of many disadvantaged citizens and it is this intimate
knowledge with which journalists are empowered to reveal
stories, that would be otherwise unknown to government
and people. Journalists are expected to raise the level
of awareness, to stimulate civil society to mobilize public
opinion and exercise pressure on the government to take
steps to improve governance.
In
other words, press stands between citizens and government's
misuses of power and often acts as a guardian of protection
of human rights and is intimately connected with activity
towards the establishment of constitutional systems based
on democratic legitimacy and rule of law.
Freedom
is not unfettered right
Press freedom brings responsibility, accountability and
ethical standards. Freedom is not "license"
because freedom implies that press must adhere to ethical
standards and avoid sensational untrue stories. The basic
rule of journalism should not be jettisoned in pursuit
of a sensational story. The question to be asked is :
does the method sound right or ethical?
Each
newspaper has a code of ethics for journalists and it
may run several pages. It says what journalists can do
or cannot do. The New York Times has a code of ethics
for their journalists that run hundreds of pages. Journalists
are expected to use fair, responsible and lawful means
to obtain material or information. Based on this code,
there can be no case of entrapment by media representatives
to obtain a story.
For
example, in 2001, London's News of the World excelled
itself when its journalist Mazhar Mahmood, reportedly
dressed up as a "Sheikh" from a Middle Eastern
country pretended to engage in a lucrative deal with the
public relations firm of Queen's daughter in law, Sophie,
the Countess of Wessex, the wife of Prince Edward, Queen's
youngest son.
The
journalist secretly taped her remarks on a variety of
topics during a late night drink in a bar at the London's
posh Dorcester Hotel. Some of the remarks of the Countess
were tactless remarks that were published in the national
dailies. A question was raised as to whether ethical standard
was maintained to get such stories by the newspaper.
Conclusion
World Press Freedom Day reminds the duties and responsibilities
of the press and the governments. While exercising the
right of freedom of press, journalists may take account
what constitutes "public interest" and what
is ethically permissible to obtain or publish information
for the public. Journalists, editors and publishers must
stick to their strategy in disseminating information that
can stand the test of "public interest".
The
author is Former Bangladesh Ambassador to the UN, Geneva.
