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2007 Assessment

Bangladesh: Integrity Indicators Scorecard

Bangladesh: Integrity Scorecard Report > Sub-Category: Media
Indicators		Score
5	Are media and free speech protected?	100
6	Are citizens able to form print media entities?	56
7	Are citizens able to form broadcast (radio and TV) media entities?	50
8	Can citizens freely use the Internet?	88
9	Are the media able to report on corruption?	75
10	Are the media credible sources of information?	80
11	Are journalists safe when investigating corruption?	67

Indicator and sub-Indicator Details

Are media and free speech protected?

5a: In law, freedom of the media is guaranteed.

Score:

YES

Comments:

References: Art. 39 (2) (b) of the Constitution of the People's Republic of Bangladesh [ LINK ]

Peer Review Comments: But there have been over a dozen laws restricting the free flow of information.

5b: In law, freedom of speech is guaranteed.

Score:

YES

Comments:

References: Art. 39 (2) (b) of the Constitution of the People's Republic of Bangladesh [ LINK ]

Peer Review Comments: The promulgation of a state of emergency in January has restricted people's right to freedom of speech.

Are citizens able to form print media entities?

6a: In practice, the government does not create barriers to form a print media entity.

Score:

100

Comments:

References: Power and Participation Research Center (PPRC), Bangladesh Governance Report 2007, p-116-126. Dhaka, 2007,

Interview with Mr. Ishtiaq Ahmed, staff reporter, The Daily Shamokal, Bangladesh, Aug. 12, 2007

Peer Review Comments: Visibly there are no restrictions on getting a declaration of a print media entity in Bangladesh. But in practice, media reports say that the present interim administration of Fakhruddin Ahmed cancelled the declarations of more than 20 small newspapers and periodicals in the countryside.

6b: In law, where a print media license is necessary, there is an appeal mechanism if a license is denied or revoked.

Score:

YES

Comments: The High Court Division under its extraordinary jurisdiction can scrutinize the legality or propriety of any action/decision of public officials or statutory body under article 102 of the Constitution of the Peoples Republic of Bangladesh.

References: The Printing Presses and Publications (Declaration and Registration) Act of 1973, Bangladesh.

Art. 102 of the Constitution of the Peoples Republic of Bangladesh.

6c: In practice, where necessary, citizens can obtain a print media license within a reasonable time period.

Score:

100

Comments: There is an allegation that some are lobbying with the ministers and influential persons in the government to get permission on priority basis. It took nine months for the Daily Shamokal to get a license.

References: The Daily Star, Monday, November 22, 2004, [ LINK ]

Interview with Mr. Ishtiaq Ahmed, staff reporter, The Daily Shamokal, Bangladesh, Aug. 12, 2007

6d: In practice, where necessary, citizens can obtain a print media license at a reasonable cost.

Score:

100

Comments: It is alleged that lobbying with the ministers and influential persons in the government is essential in most cases to get permission on priority basis. The Costs of getting license may vary from person to person.

See The Daily Star, Monday, Nov. 22, 2004, [ LINK ]

References: Interview with Mr. Ishtiaq Ahmed, staff reporter, The Daily Shamokal, Bangladesh, Aug. 12, 2007.

The Daily Star, Monday, Nov. 22, 2004, [ LINK ].

Are citizens able to form broadcast (radio and TV) media entities?

7a: In practice, the government does not create barriers to form a broadcast (radio and TV) media entity.

Score:

100

Comments: The authorities use some acts including the Wireless Telegraphy Act, 1885, the Telegraph Act, 1933 and Bangladesh Telecommunications Regulatory Commission (BTRC) Act, 2001, to allocate frequency for and oversee technological aspects of the channels. It is alleged that lobbying with the ministers and influential persons in the government to get permission on priority basis is essential in Bangladesh

See The Daily Star, Monday, Nov. 22, 2004, [ LINK ]

References: The Daily Star, Monday, Nov. 22, 2004, [ LINK ].

Power and Participation Research Center (PPRC), Bangladesh Governance Report 2007, p-116-126 Dhaka, 2007,

Interview with Mr. Ishtiaq Ahmed, staff reporter, The Daily Shamokal, Bangladesh, Aug. 12, 2007

Peer Review Comments: Links with the ruling party leaders are the best way to get a license for a broadcast media entity. In 2006, the final year of the Bangladesh Nationalist Party-led alliance government, the authorities gave functioning permission to a number of private television channels. The owners of the channels are mostly influential leaders of the Bangladesh Nationalist Party.

7b: In law, where a broadcast (radio and TV) media license is necessary, there is an appeal mechanism if a license is denied or revoked.

Score:

YES

Comments: The High Court Division under its extra-ordinary writ jurisdiction can scrutinize the legality or propriety of any action/decision of public officials or statutory body under article 102 of the Constitution of the People's Republic of Bangladesh. In many cases, people are frustrated due to delays and corrupt practices in judiciary.

References: Art. 102 of the Constitution of the Peoples Republic of Bangladesh

The Bangladesh Telecommunication (Amendment) Act, 2006, February 16, 2006, Bangladesh Gazette.

National Telecommunication Policy, Bangladesh

The Bangladesh Telecommunications Regulatory Commission ( Licencing Procedure) Regulations, 2004, [ LINK ].

The Wireless Telegraphy Act, 1885, Bangladesh.

The Telegraph Act, 1933, Bangladesh.

The Company Act, 1994, Bangladesh.

International Federation for Human Rights, June 2005, www.omct.org/pdf/Observatory/2005/report/Bangladesh_FIDH_OBS_06_05.pdf

7c: In practice, where necessary, citizens can obtain a broadcast (radio and TV) media license within a reasonable time period.

Score:

100

See The Daily Star, Monday, Nov. 22, 2004, [ LINK ]

References: Interview with Mr. Ishtiaq Ahmed, staff reporter, The Daily Shamokal, Bangladesh, Aug. 12, 2007

Bangladesh Enterprise Institute, A Study On Broadcast Media in Bangladesh: Assessment of Needs and Priorities in Diversifying Broadcast Media, September 2006, www.bei-bd.org/docs/bml.pdf

Wikipedia, [ LINK ]

Peer Review Comments: Common people, particularly those who have no political links or links with high officials, are not able to get licenses for broadcast media. Only the politically influential quarters are privileged to obtain licenses to launch television and radio channels in the private sector. Dozens of applications for television channels and radio have been under the so-called 'scrutiny' for years. It is reported that the government is going to formulate a policy to streamline the broadcast media.

Peer Review Comments: Only influential people who have good relations with the government can obtain a license for radio or TV.

7d: In practice, where necessary, citizens can obtain a broadcast (radio and TV) media license at a reasonable cost.

Score:

100

Comments: It is alleged that lobbying with the ministers and influential persons in the government to get permission on priority basis is essential in Bangladesh

See The Daily Star, Monday, Nov. 22, 2004, [ LINK ]

References: The Daily Star, Monday, Nov. 22, 2004, [ LINK ].

Power and Participation Research Center (PPRC), Bangladesh Governance Report 2007, p-116-126 Dhaka, 2007

Interview with Mr. Ishtiaq Ahmed, staff reporter, The Daily Shamokal, Bangladesh, Aug. 12, 2007

Can citizens freely use the Internet?

8a: In practice, the government does not prevent citizens from accessing content published online.

Score:

100

Comments: There is no direct government restriction on access to the Internet. Individuals and groups could engage in the peaceful expression of views via the Internet, including by electronic mail.

See U.S. Department of State, March 6, 2007, [ LINK ]

References: U.S. Department of State, Country Report on Human Rights Practices-2006, March 6, 2007, [ LINK ]

Interview with Mr. Ishtiaq Ahmed, staff reporter, The Daily Shamokal, Bangladesh, Aug. 12, 2007

8b: In practice, the government does not censor citizens creating content online.

Score:

100

Comments: Generally, there were no direct government restrictions on access to the Internet with limited exception. Individuals and groups could express their peaceful views via the Internet & e- mail but it may be restricted during "State of Emergency" period according to the article 141 of the Bangladesh Constitution.

References: U.S. Department of State, Country Report on Human Rights Practices-2006, March 6, 2007, [ LINK ]

Interview with Mr. Ishtiaq Ahmed, staff reporter, The Daily Shamokal, Bangladesh, Aug. 12, 2007

Peer Review Comments: One of the Daily Star journalists, Tasnim Khalil, was picked up by the army-led joint forces in May 2007. The authorities say the journalist, also a blooger, wrote something objectionable against the government, the military-backed interim administration, of Fakhruddin Ahmed. After his release, the Daily Star authorities also issued a press statement saying that Tasnim's arrest was not related to any of his journalistic works of the newspaper.

Are the media able to report on corruption?

9a: In law, it is legal to report accurate news even if it damages the reputation of a public figure.

Score:

YES

Comments: Freedom of speech, expression and freedom of press are guaranteed by article 39 of the Bangladesh Constitution, but these freedoms are subject to any reasonable restriction imposed by the law. The Newspaper Employees (Condition of Service) Act of 1974 laid down rules for ensuring rights and privileges of the journalists and the employees in the newspapers. But Special Powers Act of 1974, Official Secrets Act of 1923, Copyright Act, Contempt of Court Act, Children Act, Criminal Procedure Code, etc. are a major impediment to press freedom.

The Official Secrets Act, 1923 under clause 3, stipulates that any person can be convicted of criminal offence if that person goes to a restricted place or proceeds toward that place or makes a map or sketch of that place or collects confidential information about that place or publishes that information. Under section 3(a), nobody can publish any photo, sketch or map of a secret place. Under clause 4, collection of news or information in collaboration with any foreign agent is not permissible. Under clause 5, information collected secretly cannot be published. If a newspaper publishes secret news, the reporter, editor, printer and publisher will be guilty of committing an offence. Any connivance in this matter will be treated as a criminal offence.

References: Article 39 of Bangladesh Constitution.

The Special Powers Act of 1974,

The Official Secrets Act of 1923

Reazuddin Ahmed, The New Nation, Freedom of press and expectations of the people, June 26, 2006, [ LINK ] The Daily Star, Aug. 10, 2006, [ LINK ]

The Daily Star, Dec. 13, 2004, [ LINK ]

Peer Review Comments: The law referred to here is irrelevant. In law, there is no prohibition to publish a corruption report against a public figure. Freedom of the press or freedom of speech is guaranteed by the constitution. But there is no guarantee that the reporter won't be assaulted or killed after the report is published. The Special Powers Act from 1974 is considered a black law and anyone can be detained under that law without any reasons or arrest warrants.

9b: In practice, the government or media owners/distribution groups do not encourage self-censorship of corruption-related stories.

Score:

100

Comments: Generally, the journalist of Bangladesh enjoys freedom for any reporting. Sometimes it appears that the political alliance with religious groups has a growing intolerance towards secular position which has led to high degree of self censorship among journalists. Censorship is also practiced on administrative and technical grounds.

([ LINK ])

References: Interview with Mr. Ishtiaq Ahmed, staff reporter, The Daily Shamokal, Bangladesh, Aug. 12, 2007

Power and Participation Research Center (PPRC), Bangladesh Governance Report 2007, p-116-126 Dhaka, 2007

U.S. Department of State, Country Report on Human Rights Practices-2006, Bnagladesh, March 6, 2007 [ LINK ]

Rounaq Jahan, senior research scholar, Columbia University, New York, Countries at the Crossroads 2006, Country Report Bangladesh,

9c: In practice, there is no prior government restraint (pre-publication censoring) on publishing corruption-related stories.

Score:

100

References: Power and Participation Research Center (PPRC), Bangladesh Governance Report 2007, p-116-126 Dhaka, 2007

Interview with Mr. Ishtiaq Ahmed, staff reporter, The Daily Shamokal, Bangladesh, Aug. 12, 2007

Bangladesh Enterprise Institute, A Study On Broadcast Media in Bangladesh: Assessment of Needs and Priorities in Diversifying Broadcast Media, Sept. 2006, www.bei-bd.org/docs/bml.pdf

Are the media credible sources of information?

10a: In law, print media companies are required to disclose their ownership.

Score:

YES

Comments:

References: The Printing Presses and Publications (Declaration and Registration) Act of 1973, Bangladesh

Newspaper Employees (Conditions of Service) Act, 1974, Bangladesh.

The Company Act, 1994, Bangladesh.

Peer Review Comments: It is not always the case for all newspapers.

10b: In law, broadcast (radio and TV) media companies are required to disclose their ownership.

Score:

YES

Comments:

References: The Bangladesh Telecommunications Act 2001 (Act No. 18 of 2001), April 16, 2001, Bangladesh Gazette, put into effect on Jan. 31, 2002.

The Bangladesh Telecommunication (Amendment) Act, 2006, Feb. 16, 2006, Bangladesh Gazette.

National Telecommunication Policy, Bangladesh

The Bangladesh Telecommunications Regulatory Commission ( Licencing Procedure) Regulations, 2004, [ LINK ].

The Wireless Telegraphy Act, 1885, Bangladesh.

The Telegraph Act, 1933, Bangladesh.

10c: In practice, journalists and editors adhere to strict, professional practices in their reporting.

Score:

100

Comments:

References: Power and Participation Research Center (PPRC), Bangladesh Governance Report 2007, p-116-126 Dhaka, 2007

Human Rights Watch, New York, 2006, hrw.org/english/docs/2006/06/07/bangla13518.htm

Interview with Mr. Ishtiaq Ahmed, staff reporter, The Daily Shamokal, Bangladesh, Aug. 12, 2007

Bangladesh Enterprise Institute, September 2006, A Study On Broadcast Media in Bangladesh: Assessment of Needs and Priorities in Diversifying Broadcast Media, w ww.bei-bd.org/docs/bml.pdf

U.S. Department of State, Country Report on Human Rights Practices-2006, Bangladesh, March 06, 2007 [ LINK ]

Rounaq Jahan, senior research scholar, Columbia University, New York, Countries at the Crossroads 2006, Country Report Bangladesh,

Peer Review Comments: It varies depending on the newspapers.

10d: In practice, during the most recent election, political parties or independent candidates received fair media coverage.

Score:

100

Comments: During political government, the state-owned main broadcasters- Radio Bangladesh and Bangladesh Television (BTV) are favorable to the Government.

(BBC News, June 5, 2007, [ LINK ])

References: Transparency International Bangladesh, Election Tracking, February 2007, [ LINK ]

Interview with Mr. Ishtiaq Ahmed, staff reporter, The Daily Shamokal, Bangladesh, Aug. 12, 2007

BBC News, June 5, 2007, [ LINK ]

10e: In practice, political parties and candidates have equitable access to state-owned media outlets.

Score:

100

Comments: During political government, the state-owned main broadcasters- Radio Bangladesh and Bangladesh Television (BTV) are favorable to the Government.

References: Transparency International Bangladesh, Election Tracking, February 2007, [ LINK ]

Interview with Mr. Ishtiaq Ahmed, staff reporter, The Daily Shamokal, Bangladesh, Aug. 12, 2007

BBC News, June 5, 2007, [ LINK ]

Peer Review Comments: When a political government is in power, the state-owned media are used only for the purpose of government propaganda.

Are journalists safe when investigating corruption?

11a: In practice, in the past year, no journalists investigating corruption have been imprisoned.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no journalists imprisoned related to work covering corruption during the study period. A YES score is positive. NO: A NO score is earned if any journalist was jailed because of his/her work covering corruption during the study period. The causal relationship between the official charges and the journalist\'s work may not be explicit, however the burden of proof here is low. If it seems likely that the journalist was imprisoned due to his or her work, then the indicator is scored as a NO. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments:

References: Odhikar, Report 2006 (Project on Investigation, Research and Publication of Human Rights Violations), Dhaka, Bangladesh, www.odhikar.org

Interview with Mr. Ishtiaq Ahmed, staff reporter, The Daily Shamokal, Bangladesh, Aug. 12, 2007

11b: In practice, in the past year, no journalists investigating corruption have been physically harmed.

Score:

YES

Comments: At least four journalists had reportedly received threats in recent months (May 2006) and fled Kushtia after publishing reports that alleged Shahidul Islams (Former MP of BNP) involvement in corruption. (Human Rights Watch, New York, 2006, Bangladesh: Investigate Attacks on Media, [ LINK ])

References: Human Rights Watch, New York, 2006, [ LINK ]

BRAC University, Centre for Governance Studies, The State of Governance in Bangladesh 2006, p-66 Dhaka, December 2006, www.cgs-bu.com

Interview with Mr. Ishtiaq Ahmed, staff reporter, The Daily Shamokal, Dhaka, Bangladesh, Aug. 12, 2007

Peer Review Comments: The figure should be higher than four.

11c: In practice, in the past year, no journalists investigating corruption have been killed.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no documented cases of journalists being killed because of their work covering corruption-related issues during the study period. A YES score is positive. NO: A NO score is earned if there were any documented cases where a journalist was killed in relation to his or her work covering corruption-related issues in the study period. The relationship between a mysterious death and an individual\'s work may not be clear, however the burden of proof here is low. If it is a reasonable guess that a person was killed in relation to his or her work on corruption issues, then the indicator is scored as a NO. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments:

References: Odhikar, Report 2006 (Project on Investigation, Research and Publication of Human Rights Violations), Dhaka, Bangladesh, www.odhikar.org

Interview with Mr. Ishtiaq Ahmed, staff reporter, The Daily Shamokal, Bangladesh, Aug. 12, 2007