New Fronts, Brave Voices
Impunity reigns high in crimes against
journalists and freethinkers in Bangladesh.
DOWNWARD SLIDE
The media in Bangladesh continued to
experience intimidation, harassment, attacks and arrests during the period May
2016 to April 2017. Bangladeshi journalists and freethinkers to be framed,
attacked and killed for exposing corruption and reporting the news. The
downward slide of press freedom in Bangladesh continued in the reported period.
Although freedom of expression and freedom of the press are constitutionally
guaranteed for every citizen of Bangladesh, the governments enacted various
laws hindering these rights. The increased offensive of extremist groups, though
not targeting journalists directly during the period of the review, continues
to remain a big threat.
Most of the intimidation, detentions and
arrests were made under the infamous cybercrime law, Section 57 of Information
and Communication Technology Act of 2006 (ICT Act). The draconian law has taken
a heavy toll on journalists, bloggers, human rights defenders and social media activists,
especially users of Facebook. The period has also been challenging for print
and electronic media.
The ICT Act, which empowers law enforcers
to arrest any person without warrant, has a maximum punishment of 14 years
imprisonment. Section 57 of the law criminalises ‘publishing fake, obscene or
defaming information in electronic form.’ Critics say that several provisions
of this law are either vague or unnecessarily criminalise legitimate expression
and recommend that clauses 46 and 57 of the ICT Act should be repealed in their
entirety.
ICT ACT CHALLENGED
Considerable confusion exists within
government circles about the draconian law. Several contradictory statements have
emerged. The authorities in August 2016 announced that the government was set
to amend the ICT Act, but did not set a timeline or comment on scrapping of the
law completely.
The government said it was contemplating
abolition of Section 57 of the Information and Communication Technology
(Amendment) Act, 2013, by enacting a new law, the ‘Digital Security Act, 2016’,
which has been prepared by the Information and Communications Technology (ICT) Division.
The explanation given for the proposed amendment was that the law conflicts
with four Articles of the state constitution and also muzzles the freedom of
speech and expression of the media.
However, the proposed draft of the Digital
Security Act has drawn some criticism as well and there are fears that it could
be more repressive than the existing ICT Act. The draft Act proposes setting up
a Digital Security Agency for monitoring and supervising digital content;
communications mediums including mobile phones to prevent cyber-crime; a
Digital Forensic Lab; and a Bangladesh Cyber Emergency Incident Response Team
(Bangladesh-CERT). The Digital Security Agency would be able to order a ban on
communication in extraordinary situations on any individual or service provider
and these agencies could be legally mandated to carry out activities such as
internet shutdowns or surveillance contrary to freedom of expression and press
freedom.
The proposed Act also has provisions to
control cyber crimes in the form of hacking, impersonation, violation of privacy;
and states that ‘any derogatory comments, remarks, campaign or propaganda in
electronic media made by a person, institution or foreign citizen, against the
war of liberation, or father of the nation or any issue that has been settled
by the Court shall amount to an offense’ which are ‘cognizable and
non-bailable’. The offense carries punishment ranging from three years in prison
to life imprisonment and/or a hefty fine. The wording leaves huge gaps in
interpretation and journalists could face a tougher time for their writing published
online.
A writ petition was also filed with the
High Court on August 26, challenging the legality of Section 57 of the ICT (Amendment)
Act, 2013, according to which, if any person deliberately publishes any
material in electronic form that causes law and order to deteriorate,
prejudices the image of the state or person or causes hurt to religious belief,
the offender will be punished for a maximum of 14 years and minimum seven years
of imprisonment. The petition placed before the High Court, challenges the
section and notes that the provision is in conflict with Articles 27, 31, 32
and 39 of the Constitution. The Editors' Council has demanded cancellation of
subsections 1 and 2 of Sec 57 of the Act, saying misuse of those subsections
can hinder freedom of the press.
However, in the face of the outcry by media
leaders and rights groups, Information Minister Hasanul Haq Innu argued in
favour of the controversial Sec 57 of ICT Act.
On January 10, 2017, Bangladesh Law
Minister Anisul Huq said the new law on cyber security would supersede the controversial
section 57 of the ICT Act.
Nervous about social media networking
platforms, especially Facebook, the government published draft guidelines in
March 2016 for the civil administration officers on use of social media. The
11-point guideline, advises government officials on how to use their official
and personal accounts in social media. The guideline will be applicable for all
ministries, departments, agencies, field-level offices, educational and
training institutions. In a circular issued to civil administration officers in
districts and small towns on October 28 2016, the cabinet division observed
that some field-level officials were sharing personal matters on Facebook,
unrelated to their work.
PRESS IN PERIL
Media workers in Bangladesh continued to
face risky situations while reporting. On February 2, 2017, 40-year old Abdul
Hakin Shimul, a local correspondent of the Bangla-language daily Samakal in
Shahjadpur, was shot in the face while covering clashes between rival factions
of the ruling Awami League. He died on following day, when he was rushed to a
hospital in capital Dhaka. Police have arrested Shahjadpur municipality Mayor
Halimul Haque Miru, the prime accused, and the ballistic test report has confirmed
that the bullet found in Shimul's body was fired from the mayor’s shotgun. The
mayor and other accused are being investigated by the police after the victim's
wife filed a murder case against 18 people, including the mayor and his two
brothers.
Veteran journalist Shafik Rehman, editor of
Bangla monthly magazine Mouchake Dhil and advisor to opposition leader Khaleda
Zia, was arrested in April 2016 for allegedly attempting to abduct and murder
Prime Minister Sheikh Hasina’s son Sajeeb Wazed Joy in the USA. Rehman had been
in detention since his arrest, including the prison hospital after his health
deteriorated. He was placed in solidarity confinement in prison.
On August 16, 2016, the IFJ, Reprieve,
Index of Censorship, Reporters Without Borders and 21 other international press
freedom organisations had written a joint letter demanding the immediate
release of Rehman. The joint letter that was sent to Bangladeshi Minister for
Law, Justice and Parliamentary Affairs, Anisul Huq, called for Shafik’s immediate
release on the grounds that after more than three months since his arrest, he
has been detained without charge and his health is deteriorating. On August 31,
the highest court of the country granted bail to octogenarian journalist Shafik
Rehman.
On June 11, 2016, a dozen people assaulted
reporter Shakil Hasan and cameraperson Shahin Alam of Jamuna TV as they were
reporting on the illegal polythene bag factories in the old city of Dhaka.
On January 26, private TV network ATN News cameraperson
Abdul Alim and its reporter Ahsan Bin Didar were assaulted and beaten by police
during protests by activists of a movement demanding the halting of a
coal-fired power plant in the Sunderbans mangrove forest. Riot police with
bullet-proof vests along with shotgun-wielding-officers pounced upon the
cameraperson without any warning. Alim was pushed to the ground, and kicked
with boots and struck several times with batons and shotgun butts. He needed three
stitches on his right eyebrow as a result of the beating.
JOURNALISTS OR CYBER CRIMINALS?
By far the largest number of arrests was
made under the ICT Act, bringing into sharp focus the misuse of the law. According
to Deutsche Welle, more than 100 arrests have been made under the ICT Act for
alleged defamation of the Father of the Nation and his kin. None of these cases
were filed by the victim; rather, party men took the matter to court.
On July 12, police had arrested a reporter
of a largest circulated local daily Prothom Alo Asaduzzaman Obaed Ongshuman,
who is the accused in two cases, including extortion and the notorious ICT Act.
Ongshuman was in the court office and was browsing into court documents to determine
how many suspects were given bail on drug trade related cases by Chief
Metropolitan Magistrate Court in capital Dhaka. Some lawyers who were present
in court office had an altercation with Ongshuman. He was punched and dragged against
his will to the Dhaka Lawyers Association office across the street, where he
was confined in the offices.
On August 8, 2016, the elite anti-crime
force, Rapid Action Battalion (RAB) arrested editor Shadat Ullah Khan,
executive editor Maksudul Haider Chowdhury and newsroom editor Pranto Polash of
online news portal banglamail24.com at the offices in the capital Dhaka. The
arrests followed a story addressing rumours that Sajeeb Wazed Joy, the son of Bangladesh
Prime Minister, Sheikh Hasina, had been killed in an air crash.
The RAB filed a case against the
journalists under the ICT Act. Following the arrests, the government’s Press
Information Department (PID) cancelled press accreditation cards for nine journalists
from banglamail24.com, without providing a reason.
Later in August, the Dhaka Cyber Tribunal
granted bail to the three journalists Shahadat Ullah Khan, Maksudul Haider Chowdhury
and Pantho Polash.
On September 1, 2016, Siddiqur Rahman, the
editor of an specialised education portal ‘Dainik Sikkha’
(www.dainikshiksha.com) was arrested for publishing six news articles on
corruption and favouritism of senior officials of the Department of Education.
Rahman, an award winning reporter was detained after Prof. Fahima Khatun, wife
of a ruling Awami League parliamentarian Obaidur Muktadir and also sister of Food
Minister Kamrul Islam, filed a case under Section 57 of the ICT Act. Khatun,
the former Director General of the Higher Secondary Education Directorate,
claimed that news claiming corruption during her tenure in the Directorate,
‘defamed and tarnished’ her image and that of the state.
Police spokesperson said, he was arrested
on charges of 'cyber crime' by publishing what it described as multiple
“fictitious, false and shameful” news on his portal.
On September 1, police arrested Dilip Roy,
a left-aligned leader of Rajshahi University's student organisation Biplobi Chhatra
Maitri (Revolutionary Students’ Unity), for his Facebook post criticising Prime
Minister Sheikh Hasina over her press briefing on a controversial Rampal coal
fired power plant.
The university’s pro-government Chhatra
(Student) League unit filed a case against the left leaning students’ organisation
leader under the Section 57 of Information and Communication Technology (ICT)
Act for his two posts in less than an hour.
On December 24, police arrested Nazmul Huda
a correspondent for private satellite network Ekushey TV (ETV) from Savar, in
the outskirts of capital Dhaka for inciting unrest with garment workers over
wages and benefits. Huda, is also the local correspondent of largest circulated
Bangla daily Bangladesh Pratidin. He was accused of "inaccurate
reporting" on almost daily protests in Ashulia, home to the industrial
zone which produces garments worth USD 30 billion for export, said the local
police officer-in-charge.
Journalist leaders and media were baffled
to hear that the journalist has been booked under section 57 of ICT Act. Huda's
arrest comes after mass protests by thousands of workers prompted the closure
of 55 garment factories in Ashulia.
INTERNET SHUTDOWNS
On August 4, 2016, the telecom regulatory
body, Bangladesh Telecommunications and Regulatory Commission (BTRC) ordered
all International Internet Gateway service providers in Bangladesh to block
access to 35 websites, including pro-opposition Sheersha News and Amar Desh
online edition.
Both are news portal of a pro-opposition
Bangla daily that was shut down in 2013, following government’s cancellation of
its license. The BTRC said they were blocked ‘for making objectionable comments
about the government’.
After few days, the telecom regulator
decided to scrap licenses of 204 internet providers as they allegedly failed to
provide operational documents to it after frequent requests.
An order has been issued and copies of the
letter effective from August 25 have been sent to the Internet Service Providers
(ISP) concerned.
In 2016, the Freedom House’s Freedom of the
Press report noted that Bangladesh slid down to ‘not free’ from a ‘partly free’
status due to increased hostility against journalists and freethinkers. The
government received a lot of backlash for not initiating concrete action to
tackle the situation. The government made no efforts in the period under review
to improve the situation and the country remains at the dangerous edge of
falling further in its press freedom status.
The threats and attacks on journalists from
extremists, the harassment on media using repressive laws such as ICT Act, and
the increased self-censorship due to fear has led to a situation where
independent media and critical opinions are fast perishing.
Editor: Laxmi Murthy
Writer: Saleem Samad
