The past decade has seen an exponential growth of Television channels and Radio stations in Bangladesh. There has been a steep escalation in the number of Television channels in Bangladesh and the Radio channels have become unprecedentedly popularized.
The government, in an attempt to put in place a controlling mechanism over all forms of media, has sought to create and implement the National Broadcast Policy 2014. The broader objectives of the Policy entails that an independent commission shall be created in order to monitor the TV and Radio. The proposal to enforce a monitoring mechanism initially appears to be a rather positive change which shall ensure that the media is not able to publish propaganda material or deal with plagiarised or defamatory contents or abuse their position of having influence on the public.
Under this policy, the broadcasting agencies are prohibited from distributing any news, photos, or videos that could taint the image of law enforcement agencies and armed forces. The policy also requires the media to telecast programs of national importance, including speeches made by the heads of state and government. It places prohibition on any broadcasts that, directly or through advertisements, are in conflict with the government; be contrary to public interest; capable of causing discord in the public; or obstruct national security.
Owing to these strict provisions, there has been much criticism of the Policy and its extensively restrictive nature, which when implemented, is likely to violate the right to freedom of expression guaranteed under Section 39 of the Constitution of Bangladesh. The reason behind this view is the fact that the Policy can be seen to be more inclined towards the protection of the public officials and law enforcement agencies, rather than ensuring that the public are not misled or remain oblivious to the current occurrences.
The proper and efficient functioning of any entity, including the government, can only be ensured by the operation of any controlling mechanisms which keep the governing bodies and all its organs within a system of check and balance. Since the public entrust the government and all its branches with the responsibility to ensure protection and stability, they have an inherent right to know which actions and decisions are contrary to their interests. Moreover, the media as well as all individuals must not only have the right to freedom of expression, but also have the independence to exercise it.
Moreover, since the Policy requires further implementation of legislations for its proper realisation and functioning, it is still open to challenges. In this regard, a writ had been filed in the High Court Division of the Supreme Court of Bangladesh challenging the legality of the Policy. The writ also stated that the policy violates human and moral rights and the freedom of press.
The High Court, however, declined to hear the writ petition saying the petition was premature since the concerned authorities are yet to formulate any law over the broadcasting policy.
Therefore, it will only be possible to infer the effects of the Policy upon its actual implementation and the amount of leeway that is granted to the media to exercise their freedom of expression while staying within the limits of the Policy. The policy, in order to achieve its aims shall need to be solidified into legislation if it is to be safeguarded from further petitions and challenges.