Editorial
Proposed telecom law will damage expansion of the sector
It denies fundamental right of appeal
We are surprised by the draconian telecom bill that has been placed in the Jatiya Sangsad. If passed into law, it will mean the adoption of stern measures against errant telecom operators charged with a violation of the law or are suspected of violating the law. Now, of course there is always the need for laws to protect and preserve the public interest. The telecom bill ought to have been part of the process of protecting the public interest, through ensuring a promotion and flourishing of the telecom sector. The very fact that the proposed law leaves no scope for appeal and indeed empowers the authorities to impose fines and arrest anyone they consider to be in the wrong (and without a warrant!) is as illogical as it is unfair. Let us be brutally frank about it: a law in the real sense of the term is not a law when it leaves individuals and institutions unable to file appeals against its application. No law can ignore such a basic right which citizens are entitled to. If it does, it dwindles into ham-fisted behaviour on the part of the state.
We wonder what purpose the measures proposed in the telecom bill will serve? The suggestion regarding slapping a fine of as high an amount as Taka 300 crore is not only preposterous but also defies logic. In the first place, few telecom companies have the kind of paid-up capital that will allow them to cough up such an enormous fine if and when it is imposed. In the second, this kind of penalty can only discourage those ready and willing to invest in the telecom industry in Bangladesh. In conditions where foreign direct investment (FDI) is of fundamental importance in the country, and given that the government has placed special emphasis on promoting a digital Bangladesh, the proposed telecom law will be seen as a huge disincentive to expansion and modernisation of the telecom industry. There can be no denying that the sector holds huge possibilities for the country, in terms of generating employment and also in linking Bangladesh even closer with the outside world. But we cannot reasonably expect people to invest in the industry if such unrealistic provisions are there in the proposed law. And it goes without saying that foreign investors will take little interest in the local telecom industry with such a Damocles' sword hanging over them.
Let us make no mistake here, however. Exemplary punishment is called for whenever telecom companies step out of line or engage in activities prejudicial to national interests or are at variance with Bangladesh's policy vis-à-vis friendly relations with its neighbours. To handle such situations if and when they arise, there must be adequate provisions in the proposed law for swift and purposeful action. Anything that resembles a bad law can only undermine the very purpose for which the law is enacted. Unless such a well-thought-out approach is made to the need for the law, there will be all the chances for a misuse of it. Besides, with the sweeping and arbitrary provisions being proposed, what guarantee is there that unscrupulous government officials and other employees will not harass the telecom firms and perhaps even indulge in extortion?
In plain and simple terms, we ask the government to reconsider the bill as it is at present. Let the law be framed in a way that will boost the telecom sector rather than circumscribe it.
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