Reforms Essential in the Proposed Journalism Rights Protection Ordinance
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.
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.