The much-debated Digital Security Bill 2018 was passed in parliament on Wednesday with a harsh provision allowing police to search or arrest anyone without any warrant. The bill got through by voice vote amid opposition from a number of Jatiya Party lawmakers, ignoring concern of journalists, owners of media houses and rights activists over some of its sections.
Section 43 of the new law says if a police official believes that an offence under the law has been or is being committed at a certain place, or there is a possibility of committing crimes or destroying evidence, the official can search the place or any person there. Though the ICT Minister told the House that section 57 of the ICT act would be repealed following the passage of the bill, controversial provisions of section 57 were included in four sections of the new law.
So the law essentially contains a stick with which to charge anyone, including journalists, should the government see fit. It still contains portions of the infamous section 57 under which at least 21 journalists were sued, mostly by ruling party men. When you couple the section with the ability of the police to arrest anyone without a warrant then the law simply becomes a black law. The Indian Supreme Court in March 2015 struck down almost a similar section, terming it unconstitutional. The court observed section 66A of the Information Technology Act hit at the root of liberty and freedom of expression, two cardinal pillars of democracy.
The government is trying its utmost to keep journalists happy by introducing the ninth wage board, by setting up welfare trusts to ensure the well-being of journalists, and by even providing fund for certain journalists who have been injured or died. But the problem remains that journalists should not be the pets of any party, no matter how noble or powerful it might be. There is not much in the name of investigative journalism—and this is why powerfully connected people are getting away by looting banks, among other things. Certain TV channels and other print media are doing good work—but it is few and far between.
During the colonial rule in 1898, a provision was incorporated into the Criminal Procedure Code (CrPC) empowering courts to issue direct arrest warrant against persons, including journalists, writers and publishers of any books or newspapers, if they wrote or said anything defamatory. But now police can make any arrest just after the filing of a case under the ICT Act on charges of defamation.
The punitive measures introduced by the government are also harsher than the ones made by the colonial rulers. Under the Penal Code of 1860, one may be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both for defaming others. The new law contains the British era Official Secrets Act — which was recently used to send two Myanmar journalists to jail for publishing the truth about the genocidal intent of the Myanmar army.
In our country the journalists as a class being divided into activists of political parties have ceased to be a force of free press or democracy. The free press is considered a power for being the fourth pillar of democracy but in Bangladesh they are more party activists than journalists. So our journalists proved no help for democracy or press freedom. The journalists first must restore their honour and role as journalists before they can hope to be taken seriously by the government.
The truth of the matter is that the government is not worried about the media as such the new law is designed to stop facebook publicity.
It is true that the law is an attack on freedom of speech. The digital freedom to express views will be seriously curtailed. It is certainly a blow to our constitutional right of free speech and democracy. In this regard, there is no scope for taking our journalists by the government as threat. As party activists they enjoy special benefits and privileges when they are activists of the party in power. It is clear now.
We are extremely worried that the journalists are not the fourth pillar of democracy and it has become easy for the government to deny the people of their voting right. The journalists have no right of their own if the people are deprived of their rights.
