No democracy, rule of law sans press freedom

Without press freedom, there can be no rule of law, human rights, or democracy in the country, Law Adviser Asif Nazrul has said.

He made the remarks while addressing the 20th anniversary celebration of the Newspaper Owners' Association of Bangladesh (NOAB) at a city hotel yesterday.

Speaking about the criminal cases filed against at least 266 journalists after the political changeover of August 5, 2024, the adviser said he repeatedly promised action against those bringing false charges against journalists.

He, however, added that it will take time to address the issue since a case must be proven false in the trial after investigation and the filing of a charge sheet.

"Only after this process is complete and the case is proven false can we take action. We cannot act before that," he said. "We have no legal options at this point, even if we all strongly believe that a case is false, and many people, often uninvolved, are implicated."

Nazrul urged journalists to contribute to legal reforms. "You all can sit with the best legal minds in Bangladesh in a roundtable discussion and suggest what we should do. I promise that we will act accordingly."

Reflecting on the broader culture of repression, the adviser said, "For 15 years, a culture of filing false cases has taken root. During this time, we collectively failed to protest. We really couldn't. I always say that when anarchy begins in a country, it breeds more anarchy. The backlash of misrule lasts for years."

He said the government had already taken some steps. "We have already repealed all cases under the Digital Security Act. We have made the necessary changes. If you want me to raise my voice every week, I will. There will be no mercy for those who file false cases."

"Those who file false cases, at some level, carry on Sheikh Hasina's legacy. Sheikh Hasina used to file false cases. We removed her. Now, some people are internalising her bad practices. I question and condemn them."

He added, "Our police have been strictly instructed not to arrest anyone without substantial proof. But radical change cannot happen overnight. We may hope for it, but implementing it is difficult. We truly feel sorrow in many cases. Imagine someone suffering because of a false case. It's deeply painful."

"We in the government are all embarrassed by the harassment caused by false and abusive cases. But we are constantly trying. I urge everyone to suggest necessary legal amendments or steps. We will try to implement them," he said.

"If a case reaches a stage where the law ministry has a role to play, we will fulfil our responsibility," he added.

Chief Adviser's Press Secretary Shafiqul Alam said, "We can't really say we've reached a strong position in journalism. Circulation fluctuates. We are creating many narratives and making progress in several areas. But somehow, the lives of journalists remain precarious."

He stressed the real-life consequences faced by journalists. "In the past, many journalists have had to die for dissent. When we talk about freedom of speech, the truth is—we haven't been able to secure that space properly. Despite the government's good intentions, some people are trying to hijack those efforts. From the beginning, we've been clear that we don't want to shut down any newspaper or TV station."

About the cases against journalists, Shafiqul said, "Some people even file murder cases against journalists. And in such cases, our legal framework is so inadequate that I often find myself unable to help them in a meaningful way. Investigations are ongoing, but police work can be extremely slow."

"Our interim government truly wishes to institutionalise freedom of speech. That's why, right at the beginning, Chief Adviser Prof Muhammad Yunus invited editors and said, 'Everyone, open your hearts and speak freely.'.

"Beyond freedom of speech, a journalist deserves dignity. That dignity must be recognised by everyone, and their salaries should be paid properly."

Bangladesh Press Council Chairman Justice AKM Abdul Hakim said he would do everything necessary for the betterment of journalists.

NOAB President AK Azad said they were celebrating the milestone at a time when journalism in the country was at a critical crossroads.

"Over the past two decades, NOAB has remained firmly committed to defending press freedom, protecting journalists' rights, and improving their quality of life, always in line with the law of the land, and committed to developing the journalism ecosystem."

He highlighted how the previous government suppressed the media in various ways and failed to provide incentives even during the Covid-19 pandemic.

"Today, our industry faces additional threats—declining circulation, reduced revenues, and rising production costs due to inflation. Print journalism is under severe pressure. Duties and corporate taxes have become major obstacles to the growth of this industry. In such a context, substantial reforms are needed in tariff and tax policies in the newspaper sector," he said.

He also pointed to a "longstanding misunderstanding" between NOAB and the government over implementing the wage board.  

"NOAB is not against journalists' welfare. The problem lies in structural conflicts. Out of 45 industrial sectors in the country, 43 fall under the labour ministry, while only the newspaper industry is under the information ministry. This discrepancy has led to continued legal conflict, currently pending in the High Court."

Azad urged the government to repeal all repressive laws enacted during authoritarian regimes.

"We call for the full repeal of repressive laws and any new legislation that may stifle free expression."

Mahfuz Anam, founding president of NOAB, reflected on the media's difficult journey. "We have not been able to truly establish independent journalism in Bangladesh. That's because we have failed to make any government understand that criticism is acceptable. Independent journalism is the government's best friend, not its enemy. But they always prefer praise. The moment there is criticism, their attitude changes, and we are marked as enemies."

He added that the trend of filing false and abusive cases is weakening journalists and eroding public trust.

"When officials say, 'There's nothing to be done,' even when the law is misused, it emboldens others to keep filing such cases. It's killing journalists' spirit, morale, and image. If punitive action is taken even just two or three such incidents, this harmful trend will begin to stop."

"For those of us in the media, our true commitment is to the country. Our loyalty is to the people. Loyalty should be to our independence—not to promote the interests of any particular group. Independent media cannot serve factional interests," he said.

The event was chaired by NOAB Senior Vice President ASM Shahidullah Khan Badal and moderated by NOAB member Dewan Hanif Mahmud. Political leaders, businesspersons, and diplomats were among the attendees.

The event began with a solo performance by singer Warda Ashraf.