Reforms Essential in the Proposed Journalism Rights Protection Ordinance

As part of broader state reforms, changes have also begun in the media sector. The Media Reform Commission has submitted a report to the government containing several recommendations, along with drafts of two proposed laws to be issued as ordinances. These are: the Bangladesh Media Commission Ordinance and the Journalism Rights Protection Ordinance. The government is already working on these issues. According to Md. Mahfuz Alam, Adviser to the Ministry of Information and Broadcasting, the Journalism Rights Protection Ordinance may be passed soon.

The draft of the Journalism Rights Protection Ordinance is expected to provide considerable safeguards for the journalism profession. The proposed ordinance consists of six chapters and twenty sections. Although the draft appears broadly beneficial, several amendments are essential. If the ordinance is issued verbatim based on the Commission’s recommendations without necessary revisions, it may produce the opposite effect—leading to increased harassment instead of protection. Faulty investigations, for example, may result in journalists facing imprisonment or fines if allegations are found to be unsubstantiated. Therefore, to avoid controversy or new problems after enactment, essential amendments must be made before the ordinance is passed.

Section 8 of Chapter Three outlines the right of a journalist to file a complaint if subjected to violence or harassment while carrying out professional duties. It states:

“Section 8. Filing of Complaint.
(1) If any journalist/news worker engaged in professional duties is subjected to violence, they may file a complaint in writing, online, or through a representative before a court of a First-Class Judicial Magistrate having jurisdiction.
(2) Upon receiving such a complaint, the First-Class Judicial Magistrate shall forward it to the concerned Superintendent of Police and direct the filing of a case as well as order the submission of an investigation report within 30 working days.
(3) If, for reasonable cause, the investigation cannot be completed within the time prescribed under sub-section (2), the investigating officer shall appear before the court and explain the reason for delay. Upon hearing the victim journalist/news worker, the court may extend the investigation period by an additional 30 working days.”

The problem here is that the draft requires complaints to be filed in court. At present, journalists typically lodge complaints at the local police station when subjected to violence. Since the proposed law does not allow filing complaints at police stations, police will refuse to accept journalists’ complaints once this ordinance becomes law. Filing a complaint at a police station is free and simple, whereas filing in court requires initial costs and involves time-consuming procedures. Therefore, the provision must explicitly allow filing complaints at police stations.

Furthermore, the draft allocates a 30-day period for investigation, which is rarely practical. It also does not specify any timeline for completing trials. Thus, both investigation and trial periods must be time-bound to ensure swift justice.

A revised version of Section 8 could be as follows:

“Section 8. Filing of Complaint.—
(1) If any journalist/news worker engaged in professional duties is subjected to violence, they may lodge a complaint at the police station having jurisdiction, or they may file a written complaint personally or through a representative in a court of a First-Class Judicial Magistrate.
(2) Investigation shall be conducted under the Code of Criminal Procedure by any competent investigative body, or the Magistrate may, after hearing both sides, complete the trial within 180 working days, with or without investigation.”

Section 9 in the draft provides the punishment for offences. It states:

“Section 9. Offence and Punishment.—
Any person, organization, authority, company, or institution who commits violence, issues threats, or harasses a journalist/news worker engaged in professional duties shall be deemed to have committed a punishable offence. The offender shall be liable to a minimum of one year and a maximum of five years imprisonment or a minimum fine of BDT 100,000, or both.”

This single section covers all types of offences with one uniform punishment range. It does not differentiate the severity of violence. In many cases, violence can result in serious injury, hospitalization, disability, or even life-threatening harm. For such situations, the prescribed punishment—imprisonment for one to five years or merely a fine—may be insufficient. The Penal Code prescribes higher penalties for grievous injury. Therefore, Section 9 should include multiple categories of offences with proportionate punishments based on the severity of violence.

Sections 4 and 5 prohibit obstruction of journalistic duties and pressuring journalists to reveal sources. However, Section 9 does not specify the punishment for violating these provisions. Hence, Section 9 requires amendments to ensure all violations carry clearly defined penalties.

Section 13 of the draft states:

“Section 13. Cognizability, Bailability, and Compromise.—
Offences committed under this ordinance shall be cognizable, bailable, and compoundable.”

This means that even if someone commits violence or harassment against a journalist, once arrested and produced before the court, they can immediately obtain bail because all offences under this ordinance are bailable. This could embolden offenders and increase attacks on journalists. Therefore, this section also requires amendment. If Section 9 is revised to categorize offences based on severity, minor offences may remain bailable, while serious offences should be made non-bailable.

Overall, although the draft Journalism Rights Protection Ordinance has many positive aspects, the above amendments are essential. Without allowing complaints to be filed at police stations, the law will prevent journalists from lodging complaints easily, as police will direct them to the courts instead. Many journalists may not be able to afford the cost of filing in court. Moreover, unless punishments for violence against journalists are stricter and certain offences made non-bailable, offenders will continue to act with impunity. It is hoped that the government will consider these necessary amendments before passing the ordinance.

This article is written by popular writer, journalist, social worker, and apprentice lawyer Soyeb Sikder (LLB, LLM, The People’s University of Bangladesh).