Background of National Broadcasting Policy (2014) Important events on the perspective of developing national broadcasting policy are describing in the below Between 1959 and 1963 the first 100 kw medium wave and short wave transmitters installed in Dhaka. In 1964 television begun by the courtesy of Nippon electric company as part owner of the pilot TV program. There are, however, comparatively new laws enacted after the independence, which in addition to the above laws/polices, work to govern the broadcasting sector. These laws/policies for example, include: Provisions of the Constitution of the People's Republic of Bangladesh, 1972 (Provisions of) The Special Power Act, 1974 Advertising Policy for Bangladesh Betar, 1979 Guidelines for Radio Television Programs, 1986 Bangladesh Television Film Censor Guidelines and Rules, 1985 Guideline Regarding Selection of Foreign Films for Telecast on Bangladesh Television, 1988 By turns of these events both the principal political parties the AL and the BNP called for a free, national and democratic broadcasting system under an independent authority. On September 09, 1996 the formal government appointed a 16 member committee to recommend measures and authorize private TV and Radio. The first measure toward privatization was however taken in March 1999, authorizing privately owned Ekushey TV to go on air by the end of 1999. On July 12, 2001 parliament approved two bills granting autonomy to state run Bangladesh Television (BTV) and Bangladesh Betar (Bangladesh Radio) Recent laws that are directly or indirectly related to broadcasting in Bangladesh, we may take a look at the following: (draft) private television policy 2010 (not yet circulated; and currently under review) Establishment and operation of FM radio Centre under private ownership policy, 2010 preservation for BTV of terrestrial television broadcast facilities act, 2009 The right to information act, 2009 Television channel installation and operations in private ownership policy, 1998 (private satellite television policy) Community radio installation, operation and broadcast policy, 2008. Ordinance for Cable Television Network Operation and Related Regulations, 2006 Bangladesh Telecommunications Regulatory Commission (BTRC) Act, 2001 • Finally the national broadcasting policy approved by the cabinet on August 04 and gazetted on August 06 in 2014 has been widely debated featuring sharp criticism by the-media, civil society, human rights activists. Motive and aim: Keeping intact the basic rights of citizen and individual freedom, ensuring freedom of mass media and its liabilities. Maintaining international regulations and standard in expressing opinions through this media and upholding its freedom, as well as bringing variety, credibility, neutrality and ensuring free flow of information. Making sure that the media broadcast programs respecting the spirit, ideal and history of the liberation war, public interest, social values and state policy. Help establish discipline in the society and prevent moral degradation. Establishing good governance and upholding human rights . Strategies: • Taking advise/suggestion from all stakeholders for forming and implementing this policy. • Forming an organisational structure and new laws & regulations for implementing this policy. • Undertaking necessary initiatives to establish a platform for healthy competition through public-private partnership. • Forming an independent broadcast commission for the effective implementation of this policy and its inspection. • This broadcast commission will form necessary broadcast regulations to set a standard for programs and implement the standard. License All private radio, television, community radio, online radio and television have to get license from the government. The broadcast commission will form a coordinated policy for issuing license. Based on the license, the commission will make recommendation for giving license. A transparent, competitively open and independent policy will be formed for providing license after discussing with stakeholders. The policy describes license giving process, requirements for license, in eligibility of getting license and scrapping license. All the running private radio and television who already acquired approval of Information Ministry, need to reacquire their license in line with the new policy. The Ministry of Information will take all necessary decisions until the concerned policy is formed. Glorious Liberation War and history It focuses on the broadcast of different programs which must ensure free flow of information, spreading education, inspiring people to participate in different development works and which are must be the source of entertainment. And these programs must be broadcast in the spirit and ideology of liberation war, basic principles of the state and the government ideology and policies. But it indirectly imposes on media by the obligation of government ideology and policies. News and Entertainment Programs • This part ensured the strong prohibition on broadcasting any political ideology through different program or advertisement. • Here strictly prohibited the broadcast of misinformation or distorted truth in discussion or talk shows. • It also emphasizes on broadcast of speech of the heads of the state and the government and government-approved programs of social interest such as emergency weather, healthcare bulletin, urgent announcements, government press note, and other governmental notifications. Language, Culture and Religious Sentiment This part emphasizes on broadcasting such kinds of programs which may reflect the country’s own culture, tradition, ideology and connect them with local culture and to develop the culture, tradition and ideologies of minor ethnic groups. It stresses on showing due respect every religion and religious sentiment. It also emphasizes on establishing equal rights and well participations of every women in political, economic, religious, and social life through broadcasting different inspirational program. Development Activities Media arranges the various programs inspiring development activates, voluntary works. It raises awareness among the people about the value of labour as well as Inspires the common people to contribute to industrial development and technological innovation. Programs would guide the youth generation to apply their creative thinking the creating actual society. Entertainment Programs The broadcast of media plays an important role in building up a childfriendly society. It creates inspirations to develop the children morality and their psychology. There is prohibited to present the Programs instigating violence, criminal activities and by any means contradicting national culture. Media must not reproduced to show physical attack on any human or animal, human murder’s images or by any means hearting the human sentiment of general mass. Educational Programs The programs must give emphasis on the betterment of the educational system for the much benefit of the people and cooperation to the need of a knowledge based society. Its programs must emphasis on rising awareness and creating interest in education among the people of being educated. Political and religious personalities and advertisement: • The language, scenes or commandments must not be such that they hurt the religious or political sentiments of any group of people. • Advertisements that may cause hatred or conflict between different or in between the same religious groups can’t be presented. Product,product quality and Consumers rights preservation: • Approbation of BSTI is needed for every product. • An advertisement can’t be shown in the form of news. Programs and advertisements must be differentiable • The audio used in an advertisement must maintain a certain quality and must be good to hear. • No national or international songs or parts of the songs can’t be used in advertisements without the conscious of the composer and copy right holder. • Plagiarism of any sort or type can’t be allowed. The liberation war of Bangladesh, language and culture • Reference to the Independence Day, war of freedom, mass upsurge, language movement etc., can’t be made in whether directly or indirectly in an advertisement in order to retain the integrity and auspiciousness of the events; • Advertisements that are conflicting with the culture of Bangladesh, inflicting hopelessness among the youth or causing any distortion of culture can’t be acceptable; • The models that take part in the advertising must be dressed properly and acceptably. Evaluation of advertisement oriented regulations: Positive aspects of the draft include: • Banning of TVCs that promote discrimination based on complexion, contain fraudulent information, infringe on copyright acts and are hostile to environment., • Nullifying commercials on unapproved products and services, • Usage of language and scenes of the spots cannot hurt the religious, political and secular sentiments, • Prohibition of using the language movement, the mass upsurge, the liberation war, Independence Day and Victory Day as subjects for their commercial ads. • Using of children under the age of five as models in commercials promoting is highly prohibited by the ad-makers. • Finally, using of those scenes which include the use of dangerous weapons by children, gallows, suicides, rapes, indecent pictures, tortures or violence on women is not allowed. Women and childrens rights The advertisement must not depict scenes and the advertisement must look to develop positive character skills among the children. Advertisement that may cause a child to be harassed in idealistic, mental or physical would not be acceptable and any scene that inflicts mental stress on child, old persons, ill persons must not be shown. Advertisement of powdered milk product can't use models under the age of five and it must be ensured in add that there is no alternative to breast feeding for the healthy development of child and focused on the restrictions for the children under 1 year age. Products nutrient constituent and the health effect must be clearly super imposed in the advertisement. Miscellaneous : • The advertisements can't mock military forces or law enforcing agencies of the country. • Improvement of moralities, freeing the society of prejudices and tackling acts against society must have emphasis and the advertisement must clearly point out ways of achieving the above stated goal. • TV programs must be presentable, refined, well thought and must show scenes which are socially acceptable. • In the case of advertisement of sanitary napkins, condoms and other products of family planning, the scenes must not be perverted and must be well presented. • Cigarette or other smoking products, Alcohol, Marijuana, heroin or other socially unacceptable drugs which are detrimental to health can not be broadcasted. Formation of Broadcasting Commission Through law an independent broadcasting commission was formed. This commission will be a monitored agency. This commission will have one chairman and number of members according to the need of the commission. The chairman and the members of the commission will be formed by a Search Committee formed by the Information Ministry and will be appointed by the Honorable President. The Search Committee will ensure that the all stake holders have participatory roles and so the stakeholders would include government officer, women activist, media personnel and specialist, journalists, teachers, civil society representative and Freedom of Expression specialist. Main task Broadcast Commission would be formed to issue Broadcasting licenses, to ensure the overall standard of broadcasting, the stop unjust and unfair broadcasting topics, and observe and handle the broadcasts that cause unwarranted infringement of privacy. The Broadcast Commission will take complaints about programs, information and advertisement from the people and try to take actions based on the complaints. Responsibilities of the Commission • To ensure that the broadcast policy and code put forward by the commission are being executed consistently; • Submit annual reports to the information ministry; • Broadcasting commission can inspect any broadcasting institute; • If this commission finds any broadcast as not fit for broadcasting or is violating broadcasting policy, it can command the respective institution to show- cause for the anomaly that the commission found. The commission will also file a report against the anomaly to the government; • The commission can propose to the government to cancel licenses of broadcasting for particular cases where there is strict violation of the Broadcast Policy or the prevailing general law of the country; • Broad cast commission will make a code of guidance for the broad casting institutions. Recommendations As the search committee, formed by Ministry of Information, will select the member of the commission, obviously this commission will perform its activities according to the wish of the government. So the search committee member should be neutral. • For enacting broad casting law and regulation the commission should take the advice of the relevant personalities and move forward so that no debate can create there. • During forming the commission all kinds of political dominant and administrative interference should be stopped. • In order to make the licensing system politically free these types of principles need to be reconsideration. Allegation and resolve of national broadcasting policy 1. The commission is responsible to take into account the allegations from all kinds of people against broadcasting institution irrespective of party, ideology ,opinion. 2. Any complain presented by any resented person or any institution submitted to broadcasting commission and after that the commission is bound to consider or investigate whether it (broadcasting institution) puts out the person’s prestige at all or the person is just alleging against the broadcasting institution for his personal interest. 3. The commission which is granting allegation from persons or institutions must possess with legitimate authority and qualification. 4. The complainant must have to show rational point or possess against the institution whereto his or her prestige is violating. 5. The statutory broadcasting commission will not grant any complain which hurts the sentiment of any religious community. 6. The condition of complain should not be such that it becomes a matter of ridiculous to the people. 7. After verifying the complain if it is supposed to the commission the broadcasting institution is guilty then the commission will recommend to the governmental institution for granting punishment which holds the legitimate authority. 8. The government will enforce both monetary or non-monetary punishment or penalty to a degree how much they are guilty. 9. If the complain goes against the real incidence performed by the broadcasting media, the responsible must have to take proper initiatives against the complainant. Miscellaneous Rules Charter of Duties: According to the regulation of the broadcasting policy, every broadcasting institution must have a specific ‘Charter of Duties’ and an editorial policy. The Censorship of Films Act 1963: A film against ‘The Censorship of Films Act – 1963’ and the constituted rules and regulation of this act will not be permitted to exhibit. Restructuring Program or Advertisement: If there is confusion whether any program or advertisement is decent, elegant, refurbish or not, broadcasting media would make decision about this by applying to respective authority. Decision by Information Ministry: Information Ministry will make decisions in any issue that is not prescribed in this policy or which is conflicting with other existing law and regulations. 7.5 The essential decision of all issues which are related to broadcasting will be made by the Ministry of Information until the formulation of acts, rules and regulation about broadcasting and broadcasting commission. Criticism of National Broadcasting Policy 2014 of Bangladesh After months of rigorous scrutinization, the cabinet under the chairmanship of prime minister Sheikh Hasina of Bangladesh finally approved ‘national broadcasting policy 2014’ on 4th of august, 2014. This policy, according to former cabinet secretary M Mosharraf Hossain Bhuiyan, aims to ensure free flow of information and responsibility of the media and also to ensure the freedom of press which is laid on the clause of 2 of article 39 of the constitution of the peoples’ republic of Bangladesh. But in reality, the policy has brought a lot of criticisms from people of different sectors both in home and abroad. Analysts including academicians, journalists, politicians, and many national and international organizations dub broadcasting policy 2014 of Bangladesh as a highly restrictive one. Criticism The national broadcasting policy 2014 of Bangladesh Restricts the dissemination of any news, photos, or videos that could tarnish the image of law enforcement agencies and armed forces. In the name of public interest, prohibits any broadcasts that, directly or through advertisements, run counter to the government. Forbids the broadcasting of news that could cause "communal discord" or impede national security. Calls for the creation of a statutory independent commission which will be able to offer recommendations but the government actually retains the authority to impose punishment for non-compliance. Gives the government the power to overrule the commission’s recommendation Prohibits the advertising companies from advertising anything that directly or indirectly affects Liberation War, Language Movement, and Independence Day. No details have been provided on which advertises affect them and which don’t. Restricts from broadcasting any content that damage the friendly relationships with foreign countries but no details of these contents are provided in the policy. Gives the government the space to decide on any matter not included in the policy. This week, Prime Minister Sheikh Hasina's cabinet approved a restrictive policy governing Bangladesh's broadcast media. While the policy calls for the creation of an independent commission to oversee electronic media--a positive step, in principle--it's unclear how and how quickly the commission will be formed. Meanwhile, the policy restricts what can be broadcast, raising red flags. Under the policy, broadcast outlets are prohibited from disseminating any news, photos, or videos that could tarnish the image of law enforcement agencies and armed forces, according to news reports. The policy also requires broadcast outlets to telecast programs of national importance, including speeches made by the heads of state and government. It prohibits any broadcasts that, directly or through advertisements, run counter to the government(emphasis added) or public interest, and forbids the broadcasting of news that could cause "communal discord" or impede national security, according to reports. The policy also calls for the creation of a statutory independent commission to implement these provisions. The commission would be tasked with drafting a "code of guidance" for media outlets and elaborating on penalties for breaching the policy, news reportssaid. While the commission would be able offer recommendations, the government would retain the authority to impose punishment for non-compliance and "...supervision and control will remain in the government's hands," according to news reports. Cabinet Secretary M. Mosharraf Hossain Bhuiyan told reporters that the commission would have the authority to issue licenses for television and radio outlets--a process that has been under the auspices of the government. Bhuiyan also told reporters that in the interim, the policy will be implemented by the information ministry. In an interview with a private channel, Information Minister Hasanul Haq Inu estimatedthat forming a commission would take no more than five months. Several journalists said the policy raises deep concern. Shortly before it was approved by the cabinet, an editorial published by Prothom Alo, one of the most widely circulated newspapers in Bangladesh, stated: "To all appearances, this is a precursor to granting indemnity to certain institutions." The editorial added that the provision to form a broadcast commission is "aim[ed] at tying up the hands and feet of the media. Such a restrictive policy is totally unacceptable." The editorial also rightly raised concern over a provision that it said bars broadcast of any statement or picture that may tarnish the image of a government official with judicial powers. We have already seen the judiciary attempt to muzzle critical voices in Bangladesh. The uncertainty over when the commission will be formed has prompted journalists to demand it be created immediately. Meanwhile some journalists have set fire to copies of the policy in protest. Manjurul Ahsan Bulbul, CEO of Boishakhi Television and president of a faction of the Bangladesh Federal Union of Journalists (BFUJ) told Prothom Alo, "The government hasn't even decided how it will form the commission. What has been stated so far--that will simply increase the Information Ministry's control." The policy has also drawn stern criticism from the opposition Bangladesh Nationalist Party. The party's Joint Secretary General Ruhul Kabir Rizvi told reporters, "We believe they are actually trying to use laws to put the entire media inside the government's cage." Bhuiyan denied these criticisms, saying, "Robbing media of its freedom is out of the question." The policy has prompted positive reactions from some quarters. Tahmina Rahman, director for Bangladesh and South Asia at Article 19, one of the groups that offered input in the drafting process, expressed optimism. "This would be a significant attempt toward distancing the government from functions of the electronic press through this independent commission," Rahman told CPJ by phone. "Despite some weaknesses, a process has been put into place."
