The High Court has issued a rule asking as to why it should not order the authorities concerned to formulate ethical guidelines for the mass media.
The higher court also sought explanation from the authorities concerned as to why there should not be a broadcasting commission for the media and why all the unregistered online news portals should not be stopped.
The HC bench of Justice Md Mozibur Rahman Miah and Justice Md Kamrul Hossain Mollah issued the rule on Monday after hearing of a writ petition.
Secretary of the Information and Broadcasting Ministry, chairman of the Bangladesh Telecommunication Regulatory Commission (BTRC), and chairman of Bangladesh Press Council were made respondents to the rule. They were asked to respond within four weeks.
Barrister Jarin Rahman and Advocate Rashida Chowdhury Neelu filed the writ petition as the public litigation. However, Deputy Attorney General Nowroz Md Russell Chowdhury stood for the state in the court during the hearing.
In the writ petition, the two lawyers said that the body of a 21-year old college student was recovered from her rented flat on April 26 this year for which her family filed a case under section 360 of the Penal Code for abetting suicide. However, some media especially online news platforms published numerous reports mentioning that the victim had an immoral character. Due to the reports, media has been flooded with victim-blaming comments, but the BTRC and Bangladesh Press Council did not take any step in this regard.
They also stated in the writ petition that there are provisions under the Press Council Act, 1974 and the National Broadcasting Policy, 2014 for formulating an ethical code of conduct and formation of a broadcasting commission for the media, but the provisions have not been implemented till now.
‘Against this backdrop, formulating ethical guidelines for local media has become an emergency. At the same time, the registration of online news portals has also become urgent since the BTRC has taken no action against unregistered news portal, said the petition.
Earlier on May 5, the two lawyers of the Supreme Court sent a legal notice in this regard. Failing to receive a response to their legal notice, they moved for the writ petition.
Meanwhile, the draft of a proposed law named ‘Broadcasting Act’ has already been finalized, where the formation of an independent commission named the ‘National Broadcasting Commission’ has been mentioned. The Cabinet approved the ‘National Broadcasting Bill’ in 2018, but it has not been placed in the Parliament till now.
An official of Information and Broadcasting Ministry said that after the approval by the Cabinet, the draft bill was sent to different ministries for their approval. Alongside the ministerial process, it has been delayed due to the Covid-19 pandemic. The draft may be placed in the Parliament this year.
The draft law was designed to look after the online media outlets, including news portals and IPTV.
The proposed law states that a seven-member ‘National Broadcasting Commission’ would be formed. It provides details regarding the appointments of the members of the commission and other related issues.
Meanwhile, if the government desires, the National Broadcasting Commission can be formed before enactment of the law as a policy in this regard already exists in the country. The policy empowers the government to form the fully independent commission in consultation with stakeholders.
However, the government wants to form the commission after enactment of the law so that no loopholes will remain in the formation process of the commission, said sources.
