Media laws at Bangladesh

Media laws in Bangladesh regulate the operation of print, broadcast, and digital media, balancing freedom of expression with national security, public order, and morality. While the Constitution of Bangladesh guarantees freedom of speech and press, a range of laws impose restrictions that can affect journalistic freedom and media operations.

Legal Framework Governing Media in Bangladesh

1. The Constitution of Bangladesh (1972)

Article 39 guarantees:

Freedom of thought and conscience

Freedom of speech and expression

Freedom of the press

These rights are subject to reasonable restrictions in the interests of:

State security

Friendly relations with foreign states

Public order, decency, or morality

Contempt of court, defamation, or incitement to an offense

📰 Key Media Laws and Regulations

2. Digital Security Act (DSA) 2018

Most controversial law in recent years affecting media and journalism.

Criminalizes:

Publishing "false or offensive" content online

"Defaming" individuals or the state

"Hurting religious sentiments"

Journalists, bloggers, and media houses have been arrested or harassed under this law.

Criticized by human rights groups for limiting freedom of expression and enabling surveillance and censorship.

3. Right to Information Act (RTI) 2009

Promotes transparency and accountability in government.

Citizens (including journalists) can request access to official information.

Managed by the Information Commission of Bangladesh.

4. Bangladesh Telecommunication Regulation Act 2001

Regulates the use of telecommunications, including the broadcasting and internet sectors.

Empowers the Bangladesh Telecommunication Regulatory Commission (BTRC) to monitor digital content, license broadcasters, and block content.

5. Information and Communication Technology (ICT) Act 2006

Originally meant to regulate online transactions and cybercrime.

Section 57 was widely criticized for vague definitions that allowed authorities to arrest journalists for online content.

Many provisions of the ICT Act were later incorporated into the DSA 2018.

6. The Press Council Act 1974

Established the Bangladesh Press Council to:

Preserve the freedom of the press

Improve standards of newspapers and news agencies

Hear complaints against media

However, it has limited enforcement power and is often viewed as lacking independence.

7. Broadcasting Act (Proposed)

A draft Broadcast Law has been proposed multiple times to regulate private television and radio broadcasters.

Aims to establish a Broadcasting Commission, which would oversee licensing, ethics, and content.

Critics argue that the draft law could be used to curb press freedom, especially if the commission lacks independence.

8. Cable Television Network (Regulation) Act

Regulates cable TV operators and channels.

Requires all channels to be licensed and prohibits rebroadcasting of unlicensed foreign channels.

Also used to regulate content, including orders to block or suspend certain foreign channels (e.g., for political or religious reasons).

🧑‍⚖️ Media Oversight & Regulation Bodies

Ministry of Information and Broadcasting – Responsible for regulating print, electronic, and online media.

Bangladesh Telecommunication Regulatory Commission (BTRC) – Monitors internet and telecom services.

Press Council of Bangladesh – Handles complaints against the print media.

Film Censor Board – Regulates movies and audiovisual content under censorship laws.

🚨 Challenges and Criticism

Freedom of Expression Under Threat: Journalists and media outlets face pressure, lawsuits, arrests, and sometimes violence for critical reporting.

Censorship: Online content, websites, and even social media accounts have been blocked or restricted.

Self-Censorship: Many journalists and editors practice self-censorship due to fear of retaliation or legal consequences.

Concentration of Media Ownership: A few business conglomerates control many media outlets, limiting diverse opinions.

🧾 Recent Developments

Growing demand from local and international rights groups for reform or repeal of restrictive laws like the Digital Security Act.

Moves to regulate OTT platforms and digital news media more strictly.

Increasing surveillance of social media by state authorities.

✅ Summary

Law/ActPurposeImpact on Media
Constitution (Art. 39)Guarantees freedom of speech and pressPositive, but limited by other laws
Digital Security Act 2018Cybersecurity and online content regulationNegative – often used against journalists
Press Council Act 1974Promote ethical journalismWeak enforcement
ICT Act 2006 (Section 57)Cybercrime law (now replaced)Previously used to silence dissent
RTI Act 2009Access to government infoPositive tool for investigative journalism
Telecom Act 2001Regulates digital infrastructureEnables surveillance & internet control

 

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