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2008 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?	69
7	Are citizens able to form broadcast (radio and TV) media entities?	63
8	Can citizens freely use the Internet?	100
9	Are the media able to report on corruption?	67
10	Are the media credible sources of information?	75
11	Are journalists safe when investigating corruption?	33

Indicator and sub-Indicator Details

Are media and free speech protected?

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

Score:

YES

Comments:

References: Article 39 (2) (b) of the Constitution of Bangladesh [ LINK ]

Peer Review Comments: According to Article 39 of the Constitution, freedom of the press and the right of every citizen to freedom of speech and expression are guaranteed, but subject to reasonable restrictions that include matters relating to state security and international relations, public order, decency and morality. At the same time the constitution also provides that imposition of any restriction on the freedom of the press has to be reasonable and must be consistent with the main clauses of said Article 39. If these two conditions are violated in the imposition of restrictions, then the courts can declare the restriction order invalid, unconstitutional and therefore unenforceable. See: [ LINK ]

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

Score:

YES

Comments:

References: Article 39 (2) (b) of the Constitution of Bangladesh [ LINK ]

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: Formation of print media groups is possible, though there is some burden on the media group including overly complicated registration or licensing requirements. It is alleged that lobbying with the 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.

References: 1. Institute of Governance Studies, The State of Governance in Bangladesh 2007, Dhaka, May 2008 2. Asian Human Rights Commission, Bangladesh: Paying The Price For Press Freedom, Posted on Sept. 30, 2008, [ LINK ] 3. Odhikar, Human Rights Concerns 2007, Bangladesh, January 2008, [ LINK ] 4. Odhikar, Report on 17 Months of Emergency in Bangladesh, June 12, 2008, [ LINK ] 5. Interview with Ajoy Das Gupta, Assistant Editor, Daily Samokal, Dhaka, Oct. 8, 2008

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 Bangladesh.

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

Article 102 of the Constitution of Bangladesh.

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

Score:

100

Comments:

References: 1. Odhikar, Human Rights Concerns 2007, Bangladesh, January 2008, [ LINK ] 2. Odhikar, Report on 17 Months of Emergency in Bangladesh, June 12, 2008, [ LINK ] 3. Interview with Ajoy Das Gupta, Assistant Editor, Daily Samokal, Dhaka, Oct. 8, 2008 4. Ahm Bazlur Rahman, Bangladesh NGOs Network for Radio and Communication, Another Type of Mass Media Is Not Only Possible, Dhaka 2005, [ LINK ] 5. Interview with Abu Zayed Mohammad, Advocate, Supreme Court of Bangladesh, Oct. 19, 2008

Peer Review Comments: It depends on which person and which group wants the license. At the end of 2004, one of the big business groups, named Hamim, appealed for a daily newspaper license. They got it after more than one year. The newspapers name is the Daily Shamokal. They got the license by convincing the son of the prime minister. This is one of the well-known cases in Bangladesh.

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

Score:

100

Comments:

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: Formation of electronic media groups is possible, though there is some burden on the media group including overly complicated registration or licensing requirements. On Aug. 28, 2008, a new private television network was launched. There are now nine private satellite television companies operating in Bangladesh. It is alleged that lobbying with the influential persons in the government is essential in most cases to get permission on priority basis. The costs of getting a license may vary from person to person.

References: 1. Country Reports on Human Rights Practices 2007, U.S. Department of State, Bureau of Democracy, Human Rights, and Labor, March 11, 2008, [ LINK ] 2. Institute of Governance Studies, The State of Governance in Bangladesh 2007, Dhaka, May 2008 3. Human Rights Council, Asian Legal Resource Centre, Bangladesh: Prolonged State of Emergency threatening the judiciary and human rights defenders' ability to work, Aug. 21, 2008, [ LINK ] 4. Odhikar, Human Rights Concerns 2007, Bangladesh, January 2008, [ LINK ] 5. Odhikar, Report on 17 Months of Emergency in Bangladesh, June 12, 2008, [ LINK ] 6. Interview with Ajoy Das Gupta, Assistant Editor, Daily Samokal, Dhaka, Oct. 8, 2008

Peer Review Comments: The first private television channel started the journey in 1999 in Bangladesh. When the government changed in the 2001 election, the new government banned its license. That government gave six fresh licenses on behalf of the pro-government people. An Army-backed, non-democratic caretaker government took power in 2006. The Army controls, especially, the television channel and in the last two years they decide what news is telecast or not. Bangladesh broadcast media faces many barriers by the present government; this is a very crucial time in media history.

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: Under Article 102 of the Constitution of Bangladesh, the High Court Division can scrutinize the legality or propriety of any action/decision of public officials or statutory body under its extraordinary writ jurisdiction. But, due to delays and corrupt practices in judiciary, people are frustrated in many cases.

References: 1. Article 102 of the Constitution of Bangladesh. 2. The Bangladesh Telecommunication (Amendment) Act, 2006, Feb. 16, 2006, Bangladesh Gazette. 3. National Telecommunication Policy, Bangladesh 4. The Bangladesh Telecommunications Regulatory Commission ( Licencing Procedure) Regulations, 2004, [ LINK ]. 5. The Wireless Telegraphy Act, 1885, Bangladesh. 6. The Telegraph Act, 1933, Bangladesh. 7. The Company Act, 1994, Bangladesh.

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

Score:

100

Comments:

References: 1. Interview with Ajoy Das Gupta, Assistant Editor, Daily Samokal, Dhaka, Oct. 8, 2008 2. Interview with Abu Zayed Mohammad, Advocate, Supreme Court of Bangladesh, Oct. 19, 2008

Peer Review Comments: The process is so lengthy.

Peer Review Comments: More than 100 license applications are still pending from the last two years because there are no guidelines for television media in Bangladesh. Check the government website.

Peer Review Comments: Inordinate delays of more than six months for getting licenses are common and interaction with current TV station owners would confirm this observation.

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

Score:

100

Comments:

References: 1. Interview with Ajoy Das Gupta, Assistant Editor, Daily Samokal, Dhaka, Oct. 8, 2008 2. Interview with Abu Zayed Mohammad, Advocate, Supreme Court of Bangladesh, Oct. 19, 2008

Can citizens freely use the Internet?

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

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 email. The country report 2007 of U.S. Department of State stays that human rights organizations reported continued government monitoring of Internet communications.

References: 1. Country Reports on Human Rights Practices 2007, U.S. Department of State, Bureau of Democracy, Human Rights, and Labor, March 11, 2008, [ LINK ] 2. Human Rights Council, Asian Legal Resource Centre, Bangladesh: Prolonged State of Emergency threatening the judiciary and human rights defenders' ability to work, Aug. 21, 2008, [ LINK ] 3. Odhikar, Human Rights Concerns 2007, Bangladesh, January 2008, [ LINK ] 4. Odhikar, Report on 17 Months of Emergency in Bangladesh, June 12, 2008, [ LINK ] 5. Interview with Ajoy Das Gupta, Assistant Editor, Daily Samokal, Dhaka, Oct. 8, 2008

Peer Review Comments: Only a handful of Bangladesh's 160 million people have access to the Internet.

Peer Review Comments: There is no official restriction in accessing the Internet.

8b: In practice, the government does not censor citizens creating content on-line.

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 email. The country report 2007 of U.S. Department of State states that human rights organizations reported continued government monitoring of Internet communications.

Peer Review Comments: The government has not removed any online political content nor has it officially disabled servers.

Peer Review Comments: The most popular online newspaper, bdnews24.com, often publishes materials that go against the government. They have not reported that they had to censor their content or had to drop any item to please the government.

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: The media enjoys the freedom of expression by law and in practice in most cases.

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 law.

The Newspaper Employees (Condition of Service) Act of 1974 laid down rules for ensuring rights and privileges of journalists and employees working for newspapers. But sometimes these freedom are restricted directly or indiresctly. The Special Powers Act of 1974, the Official Secrets Act of 1923, the Copyright Act, the Contempt of Court Act, the Children Act, the Criminal Procedure Code, etc., are a major impediment to press freedom.

References: 1. Article 39 of Bangladesh Constitution. 2. The Newspaper Employees (Condition of Service) Act of 1974

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

Score:

100

Comments: According to the Asian Legal Resource Centre (ALRC), human rights defenders and professionals, including from the media, are regularly being monitored, threatened and intimidated by the personnel of armed forces and various intelligence agencies. On May 12, 2008, a few editors and journalists of print and electronic media expressed concern about the state of emergency, which sometimes increases pressure and monitoring of the media.

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

Score:

100

References: 1. Country Reports on Human Rights Practices 2007, U.S. Department of State, Bureau of Democracy, Human Rights, and Labor, March 11, 2008, [ LINK ] 2. Institute of Governance Studies, The State of Governance in Bangladesh 2007, Dhaka, May 2008 3. Human Rights Council, Asian Legal Resource Centre, BANGLADESH: Prolonged State of Emergency threatening the judiciary and human rights defenders' ability to work, Aug. 21, 2008, [ LINK ] 4. Odhikar, Human Rights Concerns 2007, Bangladesh, January 2008, [ LINK ] 5. Odhikar, Report on 17 Months of Emergency in Bangladesh, June 12, 2008, [ LINK ] 6. Interview with Ajoy Das Gupta, Assistant Editor, Daily Samokal, Dhaka, Oct. 8, 2008 7. Interview with Abu Zayed Mohammad, Advocate, Supreme Court of Bangladesh, Oct. 19, 2008 8. The Daily Star,Concern over bid to dictate media, May 13, 2008, www.thedailystar.net/story.php?nid=36350

Are the media credible sources of information?

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

Score:

YES

Comments:

References: 1. The Printing Presses and Publications (Declaration and Registration) Act of 1973, Bangladesh. 2. Newspaper Employees (Conditions of Service) Act, 1974, Bangladesh. 3. The Company Act, 1994, Bangladesh.

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

Score:

YES

Comments:

References: 1. The Bangladesh Telecommunications Act 2001 (Act No. 18 of 2001), April 16, 2001, Bangladesh Gazette, put into effect on Jan. 31, 2002. 2. The Bangladesh Telecommunication (Amendment) Act, 2006, Feb. 16, 2006, Bangladesh Gazette. 3. National Telecommunication Policy, Bangladesh 4. The Bangladesh Telecommunications Regulatory Commission ( Licencing Procedure) Regulations, 2004, [ LINK ]. 5. The Wireless Telegraphy Act, 1885, Bangladesh. 6. The Telegraph Act, 1933, Bangladesh.

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

Score:

100

Comments:

References: 1. Country Reports on Human Rights Practices 2007, U.S. Department of State, Bureau of Democracy, Human Rights, and Labor, March 11, 2008, [ LINK ] 2. Institute of Governance Studies, The State of Governance in Bangladesh 2007, Dhaka, May 2008 3. Human Rights Council, Asian Legal Resource Centre, Bangladesh: Prolonged State of Emergency threatening the judiciary and human rights defenders' ability to work, August 21, 2008, [ LINK ] 4. Odhikar, Human Rights Concerns 2007, Bangladesh, January 2008, [ LINK ] 5. Odhikar, Report on 17 Months of Emergency in Bangladesh, June 12, 2008, [ LINK ] 6. Interview with Ajoy Das Gupta, Assistant Editor, Daily Samokal, Dhaka, Oct. 8, 2008 7. Interview with Abu Zayed Mohammad, Advocate, Supreme Court of Bangladesh, Oct. 19, 2008

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

Score:

100

Comments: Generally, during the caretaker government, all political parties and candidates have the same access to government-owned electronic media outlets (Radio Bangladesh & BTV). The national media coverage reflects the interests of the electorate. Private print and electronic media outlets have biases to some extent.

References: 1. Interview with Ajoy Das Gupta, Assistant Editor, Daily Samokal, Dhaka, Oct. 8, 2008 2. Interview with Abu Zayed Mohammad, Advocate, Supreme Court of Bangladesh, Oct. 19, 2008 3. Country Reports on Human Rights Practices 2007, U.S. Department of State, Bureau of Democracy, Human Rights, and Labor, March 11, 2008, [ LINK ]

Peer Review Comments: Generally, political parties get the highest attention because most media owners are affiliated with certain political parties. Independent candidates are ignored because Bangladesh society is sharply divided between the Sheikh Hasina's Awami League and the Khaleda Zia's Bangladesh Nationalist Party. The state-run radio and television are biased regarding government activities. The political parties and independent candidates never get due coverage by the state-run media outlets.

Peer Review Comments: Media in general and journalists in particular are divided along political and ideological lines. As a result, pre-election and post-election media coverage is biased.

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

Score:

100

References: 1.Country Reports on Human Rights Practices 2007, U.S. Department of State, Bureau of Democracy, Human Rights, and Labor, March 11, 2008, [ LINK ] 2. Interview with Ajoy Das Gupta, Assistant Editor, Daily Samokal, Dhaka, Oct. 8, 2008 3.Interview with Abu Zayed Mohammad, Advocate, Supreme Court of Bangladesh, Oct. 19, 2008

Peer Review Comments: It is clear from experience that the media have their political biases because the nation is politically divided and the media are affiliated with certain parties. They try to balance the coverage, but it is not fair all the time. The military-backed government has promulgated an ordinance amending the Representation of People Order 1972, making provisions for mandatory political-party registration with the Election Commission, which stipulates that only registered political parties will get proportionate coverage during the general elections to be held at the end of December. A guideline was in the offing for private media before the elections.

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: According to the Asian Legal Resource Centre (ALRC), human rights defenders and professionals, including the media, are regularly being monitored, threatened and intimidated by the personnel of armed forces and various intelligence agencies. One journalist was arrested by Rapid Action Battalion (RAB). He reported extensively on the problems of extrajudicial killings, torture and corruption prevalent in the region. Reports indicate that he also faced some form of ill-treatment by RAB, including physical and mental torture.

References: 1. Transparency International Bangladesh, Annual Report 2007, Dhaka, 2008 2. Institute of Governance Studies, The State of Governance in Bangladesh 2007, Dhaka, May 2008 3. Human Rights Council, Asian Legal Resource Centre, Bangladesh: Prolonged State of Emergency threatening the judiciary and human rights defenders' ability to work, August 21, 2008, [ LINK ] 4. Odhikar, Human Rights Concerns 2007, Bangladesh, January 2008, [ LINK ] 5. Odhikar, Report on 17 Months of Emergency in Bangladesh, June 12, 2008, [ LINK ] 6. Interview with Ajoy Das Gupta, Assistant Editor, Daily Samokal, Dhaka, Oct. 8, 2008

Peer Review Comments: At least three journalists were jailed in 2007, but only one was jailed for an indirect link in exposing corruption of the past regime. One editor was detained on several corruption charges. See CPJ's report: [ LINK ]

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

Score:

YES

References: 1. Human Rights Council, Asian Legal Resource Centre, BANGLADESH: Prolonged State of Emergency threatening the judiciary and human rights defenders' ability to work, August 21, 2008, [ LINK ] 2. Asian Human Rights Commission, Bangladesh: Paying The Price For Press Freedom, Posted on 2008-09-30, [ LINK ] 3. Odhikar, Human Rights Concerns 2007, Bangladesh, January 2008, [ LINK ] 4. Odhikar, Report on 17 Months of Emergency in Bangladesh, June 12, 2008, [ LINK ] 5. Interview with Ajoy Das Gupta, Assistant Editor, Daily Samokal, Dhaka, Oct. 8, 2008

Peer Review Comments: There had been fear of intimidation throughout most of the year thanks to a prolonged state of emergency that suspended civil and political rights.

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: According to the Asian Legal Resource Centre (ALRC), human rights defenders and professionals, including the media, are regularly being monitored, threatened and intimidated by the personnel of armed forces and various intelligence agencies. During the study period, no journalist was killed in relation to his or her work covering corruption-related issues but one journalist was arrested by Rapid Action Battalion (RAB). He reported extensively on the problems of extrajudicial killings, torture and corruption prevalent in the region. Reports indicate that he also faced some form of ill-treatment by RAB, including physical and mental torture.

References: 1. Transparency International Bangladesh, Annual Report 2007, Dhaka, 2008 2. Institute of Governance Studies, The State of Governance in Bangladesh 2007, Dhaka, May 2008 3. Human Rights Council, Asian Legal Resource Centre, BANGLADESH: Prolonged State of Emergency threatening the judiciary and human rights defenders' ability to work, Aug. 21, 2008, [ LINK ] 4. Asian Human Rights Commission, Bangladesh: Paying The Price For Press Freedom, Posted on 2008-09-30, [ LINK ] 5. Odhikar, Human Rights Concerns 2007, Bangladesh, January 2008, [ LINK ] 6. Odhikar, Report on 17 Months of Emergency in Bangladesh, June 12, 2008, [ LINK ] 7. Interview with Ajoy Das Gupta, Assistant Editor, Daily Samokal, Dhaka, Oct. 8, 2008

Peer Review Comments: In the year 2007, a total of three journalists were killed and 35 injured by terrorists or members of the law-enforcment agencies, according to a statistic prepared by Mass Line Media, a non-government media organization. All three deceased victims were from rural areas of the country. They used to cover all types of news for their respective media outlets. However, it is really hard to pass a specific comment as to the cause(s) of their deaths. Maybe they were party to the local feud for their reporting, particularly on corruption issues.