Press council act: Amendments go against views of stakeholders

While the Bangladesh Press Council has proposed an amendment to the Press Council Act to impose stricter fines on journalists, the council's records show the move is contrary to the sentiments of the journalists in its board.

In June, the cabinet approved in principle an amendment to the law that would allow the Press Council to levy fines on journalists for "false reporting".

The council can also take suo motu action against news that "is against the state", Cabinet Secretary Khandaker Anwarul Islam had said while briefing journalists after the meeting in June.

This proposed amendment to the Press Council Act-1974 was sent to the information ministry by the Press Council.

Before sending the amendment to the cabinet, neither had stakeholders given their approval nor was it made public to editors and journalists, who would be affected by it.

A statement by Sampadak Parishad published yesterday stated that the Parishad requested a copy of the proposed amendment this month but the council refused to disclose it, stating that it is under the jurisdiction of the ministry. This correspondent too, was told the same.

Bangladesh Press Council Chairman Justice Nizamul Huq Nasim told The Daily Star that the council's senior journalist-representatives had been consulted, and gave their blessings. He said these conversations happened before his tenure began in late 2021.

However, annual reports of 2017 to 2020 (2021's is yet to be released) show that the council had discussed the amendment about increasing punishment with their board members only once and nobody definitively agreed to it.

Meeting minutes show that on April 17, 2019, the council's Secretary Shah Alam told all present that a draft of the amended Press Council Act has been sent to the ministry for approval, and presented a draft.

The board saw it, and decided to review the draft shown, and amend the law after reviewing.

They also agreed to discuss whether a new press council law is needed or whether the current one can be amended.

But the proposed amendment was approved in principle by the cabinet without any of those discussions, according to journalists and editors.

On the other hand, the council's annual reports of 2017 to 2020 show that the board had discussed increasing protection for journalists during several of its meetings, and had even finalised a draft of that amendment to the Press Council Regulation-1980.

No headway has been made concerning this as of yet, confirmed Justice Nasim to this correspondent recently.

"We are still in the process of working on it. It has not been done yet," he said.

The amendment to the regulation about protecting journalists was first discussed on March 28, 2017.

On that day, the board met and officially decided that the Press Council Regulation should be amended to take complaints from journalists being harassed, tortured or obstructed from carrying out their duties.

The council's former chairperson Justice Mohammed Momtaz Uddin Ahmed presided over the meeting, and out of five decisions made that day, this was the first.

Late Golam Sarwar, a council board member and former editor of Daily Samakal, had commented, "The Press Council must maintain a functional role in helping journalists perform their duties. Undoubtedly, this is a praiseworthy initiative and can be incorporated into the Press Council Regulation."

In a meeting the following month, they again decided to amend the regulation and finalised the draft of the amendment.

One of the amendments presented at that meeting stated, "Publisher, Editor and any working journalist may lodge a complaint against any government or non-government institutions or any individual for violating press freedom or constitutional right" and the council may recommend to the body concerned to take appropriate departmental action."

"The individual or institutions concerned shall be provided with an opportunity to appear or clarify before passing any order or recommending an action," it added.

Another amendment stated that journalists can lodge complaints with the council against government and non-government bodies and individuals for "restricting in gathering of information and dissemination of news of public interest and importance and also for causing bodily assault and harassment ... the Council will inquire into the matter and if it is satisfied that it is necessary to do so, it may, for reasons to be recorded in writing, warn, admonish or censure the concerned and/or the Council shall recommend to take appropriate departmental action to the government or non-government institutions or authority and the compliance has to be informed to the Council".

For both offences, the Press Council can take suo motu action if they notice any violations. Furthermore, they can assign council members and experts to "inquire into the matter appearing at the spot/place of occurrence".

In short, the council can receive complaints, investigate and admonish offenders themselves or recommend authorities to take departmental action, according to the amendment to the regulation being prepared in 2017.

The amendment stated, "The decision of the Council as the case may be shall be final and shall not be questioned in any court of law."

The council's then chair Justice Momtaz Uddin Ahmed presided over the meeting.

In August that year, they once again met and talked about ensuring that the decision taken earlier was being implemented.

In that meeting, the late Riaz Uddin Ahmed, a journalist and council board member, said, "We have sought to amend the Press Council Regulation to make sure that journalists working in the mass media industry are not subject to harassment or torture or do not face obstacles when carrying out their professional duties."

But that was the last time the council would discuss the issue according to the meeting minutes of the next three years.

The TIB yesterday demanded that the proposed amendment of the Press Council Act be disclosed and stakeholders be consulted.

"We have noticed that the Press Council has been attempting to amend the law to empower itself for several years. But the amendment has been kept hidden, and the council has also refused to provide the Sampadak Parishad with a copy. Since freedom of expression and media, and the well-being of journalists and the press is directly impacted by this law, it is essential that they be consulted at every step of the amendment," said a statement by TIB quoting the organisation's executive director Iftekharuzzaman.

"A logical question arises about whether the government is being secretive so as to use the Press Council to control the press, instead of protecting it," he said.