Editorial
A tough telecom law
Sweeping powers to govt leave room for abuse
DESPITE our comments to the contrary that the proposed amendment to Telecommunication Act, 2001 which appeared draconian to us should while being regulatory needn't be sweepingly stringent, the law as passed in parliament on Monday, has belied our expectations. One of the major drawbacks in the proposed amendment was complete absence of any provision for appeal. This to us appeared as an impingement on the natural right to remedy for an aggrieved party.
We observe that the House has accepted the recommendation of the parliamentary standing committee to form a three-member appeal board to be headed by a retired High Court judge. But the appeal provision thus granted, is a limited one, being confined to the imposition of Tk 300 crore fine. Appeal won't lie with other actions of the government or the telecom regulator BTRC against the allegedly offending telecommunication operators or ICT based company. So we reiterate our position on grant of right to appeal in all such cases involving investment and operational ethics of an important and highly modernised technological sector.
While the astronomical maximum fine of Tk 300 crore together with 10 year imprisonment as punishment have not been whittled down, sweeping powers have been vested in government to deal with the violators of telecom law specifying a number of offences. Granted, there should be stern measures in place against errant telecom or ICT operators and that provisions for swift and purposeful action must exist to deal with those committing serious offences including those subversive of national interest. But the whole approach would be such as would be cognizant of the need for an expanding sector that has been of immense value to our economic growth. The minister for post and telecommunication has claimed that the amended law would help build a digital Bangladesh. We can't see how such a stringent law can so positively impact on the making of a digital Bangladesh, unless while being cautious we also promote the growth of the sector with incentives.
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