DSA case against Matiur: Noab, editors, rights bodies voice worries

Newspaper Owners Association of Bangladesh (Noab) has termed the filing of cases against some journalists under the Digital Security Act over the last few days unacceptable.

"We think the use of sections of the Digital Security Act especially against Prothom Alo Editor and former Noab president Matiur Rahman is tantamount to harassing him and muzzling the bold journalism his newspaper does," Noab said in a statement yesterday.

It said the increasing use of the DSA against journalists is concerning. "We conveyed our reservations to the government high-ups about the DSA at different times."

Such a law is not consistent with the freedom of expression and free journalism, and it is also against the dream and system of building a progressive society, said Noab.

"We demand immediate withdrawal of the case against Matiur Rahman and release of Prothom Alo reporter Shamsuzzaman Shams. We also demand withdrawal of all cases against journalists," read the statement, signed by Noab President AK Azad.

The Editors' Council has expressed concern over the filing of the case against the Prothom Alo editor under the DSA and sending of its reporter to jail.

The council in a statement yesterday said they issued another statement on Wednesday demanding scrapping of all cases against journalists filed under the DSA.

"But it was unfortunate that Shamsuzzaman was sent to jail after his bail petition was rejected," read the press release signed by Editors' Council President Mahfuz Anam and General Secretary Dewan Hanif Mahmud.

A case was filed against daily Jugantaor Staff Reporter Mahbubul Alam Bablu under the DSA yesterday. "Editors' Council thinks that filing of cases under the Digital Security Act one after another is a massive blow to the newspaper industry and freedom of expression," said the release.

The law minister had talked about amending the DSA to prevent its misuse and also promised that the law won't be used arbitrarily against journalists. But the Editors' Council is observing with great concern that cases are being filed against journalists under this law even after the assurance, read the statement.

"These activities are clear examples of threat to the freedom of press," the council said.

ARTICLE 19, an international human rights organisation, has expressed deep concern over the suing of the Prothom Alo editor under the DSA.

Faruq Faisel, regional director of ARTICLE 19 (South Asia), said, "Filing a case against Matiur Rahman under DSA is an example of weaponising law to victimise journalists, communicators and editors. It's a clear signal of threat and fear to the media actors of the country.

"This continuation of legal harassment by abusing legal instruments must be stopped as this kind of action is hampering the image of Bangladesh globally as a democratic country," he said in a press statement.

Different international and local rights organisations yesterday also condemned the arrest of Shams and his production before a Dhaka court 35 hours after his detention.

The Media Freedom Coalition in Bangladesh said it was concerned by the recent reports of violence against and intimidation of journalists.

In a statement issued by 12 member states of the coalition, the MFC in Bangladesh pointed out recent instances, including the detention of journalist Shams, and urged the authorities to investigate the instances impartially.

"We, the undersigned members of the Media Freedom Coalition in Bangladesh, are concerned about recent reports of violence against and intimidation of journalists, including violence directed at reporters covering the Supreme Court elections, an assault on the brother of a London-based journalist for Al Jazeera, the attack on a Dhaka Tribune photojournalist, and the recent reported detention of a Prothom Alo journalist. We urge the authorities to investigate each of these instances promptly and impartially," the statement said.

The signatories to the statement are Australia, Canada, Denmark, France, Germany, Italy, the Netherlands, Norway, Sweden, Switzerland, the UK and the US.

The European Union in Bangladesh in a post on their verified Facebook page said, "Arrests of, and criminal proceedings against, journalists in any country warrant particular scrutiny and attention."

'CLEARLY AN ACT OF INTIMIDATION'

Reporters Without Borders (RSF) has called for the immediate release of journalist Shams, who was arrested early Wednesday after being sued in a case filed under the DSA.

"Make no mistake, the arrest of Shamsuzzaman Shams and the case filed against Matiur Rahman have no legal basis and are clearly an act of intimidation by the government towards all journalists," says the Paris-based organisation in a statement.

"We demand that the charges filed against them be dropped at once and, with less than a year to go to parliamentary elections, we call on Sheikh Hasina's government to respect journalistic pluralism and independence, or else these elections will lack all democratic credibility."

The RSF sent an email yesterday to Additional Inspector General of Police Mohammad Ali Mia, also the head of Criminal Investigation Department, asking on what evidence he based his decision to order Shams' arrest, read the statement.

The email has so far remained unanswered while Shams has not been allowed to see a lawyer, it added.

Condemning the arrest of the Prothom Alo reporter, Transparency International Bangladesh in a statement demanded immediate and unconditional release of Shams and scrapping of the DSA.

"Shams was produced before the court 30 hours after he was picked up and the fact that he was missing in the meantime is condemnable," TIB Executive Director Iftekharuzzaman said.

The arrest of journalist Shams not only violates his constitutional right to safety as a citizen but also sets a negative example of media control and punishment, the graft watchdog said.

According to law, if a person is legally detained, then s/he must be produced before a court within 24 hours of detention. But the law enforcement agency has clearly failed to do it, said the TIB executive director.

In addition, the case, for which the reporter was taken to the court, was filed more than 20 hours after he was picked up, he added.

If any media publishes a report that goes against the ethics of journalism, any aggrieved parties should address their concerns through the Bangladesh Press Council, said Iftekharuzzaman.

But the direct arrest of a reporter under non-bailable sections of the DSA, without regard for the Press Council, demonstrates the government's intention to exert control over the media and punish those who express criticism or dissent. It is a violation of the freedom of the media, the TIB statement reads.

Shushashoner Jonno Nagorik (Sujon) said "repressive laws" like the DSA act are formulated to curb the freedom of mass media and expression. It also threatens journalists' professional security.

Rights body Ain o Salish Kendra (ASK) in a statement said the act of picking up the Prothom Alo journalist without warrant is "repressive and encourages anti-liberation activities".

Referring to the law minister's previous assurance of adopting special caution before accepting cases against journalists under the DSA, the ASK said, "There was no reflection of it in the recent incidents. Rather, the comments of high-ups and responsible persons about the Prothom Alo and its reports have encouraged overenthusiastic people to file such cases.

"It is clear that the cases are filed to harass which will have a far-reaching impact… Above all, it will question the status of Bangladesh as a civilised, lawful and human rights-based country," the statement read.

In a joint statement, 23 eminent citizens demanded scrapping of the DSA. Among the signatories to the statement are Gonoshasthaya Kendra Founder and Trustee Dr Zafrullah Chowdhury, economist Dr Hossain Zillur Rahman, rights activist Hamida Hossain, Nijera Kori Coordinator Khushi Kabir and Manusher Jonno Foundation Executive Director Shaheen Anam.

In another statement, 41 eminent citizens have called for immediate withdrawal of the cases filed against the Prothom Alo editor and its reporter.

Filing a case against a newspaper editor under the DSA in this way and picking up its correspondent from his home at night by personnel introducing themselves as members of a law enforcement agency is against the rule of the law, they said.

"Filing cases and making arrests in this manner by invoking the DSA will create a situation in which freethinking, freedom of speech and publishing news freely would be stifled in the country," read the statement.

The citizens said many journalists are changing professions and many others are migrating due to a lack of freedom to write and fear for their lives and security of their families.

"Investigative journalism is almost missing in the country. As a result, publishing news on corruption and looting is becoming increasingly difficult," the statement added.

Jahangirnagar University Professor Anu Muhammad, Shujan Secretary Badiul Alam Majumder, photographer Shahidul Alam and rights activist Noor Khan are among the signatories to the statement.

Gonoforum President Dr Kamal Hossain and General Secretary Md Mizanur Rahman in a joint statement expressed deep concern over the filing of the DSA cases against the Prothom Alo editor and reporter.

They called for immediate amendment to some sections of the DSA, which they said are being misused.

They also urged the government to withdraw the cases filed against the editor and the reporter, and stop harassing journalists.