Human Rights
MUZZLE ME NOT
Police have been given indefinite authority to arrest anyone under this act without even any search warrant. Photo: Star File
Photo: Prabir Das
Many millennia ago Persian king Cyrus asked a sage how he could rule his empire more justly and what his subjects actually needed from their king. The wise sage replied, “O king! Let your subjects know what they want to know and let your subjects tell what they want to tell.”
The want for freedom of speech is universal. It's not merely a “want” rather it's a fundamental human right and it's probably one of the few rights which have been deliberately subdued by the most of the rulers of the world. From ancient times to the current date almost all the rulers tend to mute the voice that they don't want to hear. Our leaders are no exception.
The law against freedom of speech was first promulgated in independent Bangladesh in 1974. Five years of imprisonment was sanctioned under the section 16 of the Special Powers Act, 1974 for publishing any 'prejudicial' report. Reporters could also be held up to 90 days without any trial under this act. It was a gross threat to journalism and freedom of speech and was hugely criticised by all. Due to the direct or indirect effect of this act many newspapers were banned or closed save for a few of those regulated by the government. Later the government under Justice Shahabuddin Ahmed discarded the section 16 and played an appreciable role in restoring freedom of speech.
With the advent of World Wide Web, media found a new way to reach people. According to a survey, there are around 5,501,609 internet users in Bangladesh, making internet media play a significant role in building public opinion. With the access of social networking websites such Youtube and Facebook, young minds are now getting connected to the current events just after its occurrence. All the national dailies of Bangladesh have their online editions (The Daily Star is the first newspaper in Bangladesh to go online in 1997), and there are around 40 online news portals in Bangladesh with a considerable reader base. Consequently, the government did not delay to muzzle this “growing threat” from the internet. In 2006, the first regulation over internet based technologies and communication was passed in Bangladesh. The laws and provisions were very loosely defined which allowed the government to take legal steps against any person for vague accusations such as “harming one's image”.
The current Mahajote government has been taking more severe and controversial steps to gag the internet media from the very beginning. On 2010 the government first blocked access to the social networking website Facebook as it contained “obnoxious” image and cartoons of Sheikh Hasina, the Prime Minister of Bangladesh and Bangabandhu Sheikh Mujibur Rahman (BBC News, 30th May, 2010). One man was also arrested regarding this case. On September 17, 2013 Bangladesh Telecommunication Regulatory Commission (BTRC) blocked popular video streaming website You Tube.com for publishing an anti-Islam movie trailer. Some persons were also arrested only for putting status in their Facebook profile which according to the government had insulted some politicians. This was like chopping off the head for having a headache and highly criticised by internet users.
The most controversial step of this government in this sector has been the recent amendment of Information and Communication Technology Act, 2006. Even when the law was first passed in 2006, it was criticised for its ambiguity and for the disproportionate penalty that did not match the crime. The vagueness also contradicts the principle of certainty of the Criminal Acts, the criteria that determines what constitutes a crime and the appropriate sanction for it. Without filling up these holes the increase of punishments and further harshening the laws have created immense controversy and resentment. Some of these amendments are:
The sanction of imprisonment has been made minimum of 7 years and maximum 14 years which were previously maximum 7 years and no bindings of minimum punishment.
Police have been given indefinite authority to arrest anyone under this act without even any search warrant.
Crimes under section 54, 56, 57 and 61 have been made cognizable and non-bailable.
Previously, police had to manage permission from the home ministry to file a case according to this act but after this amendment police can file a case themselves without taking any permission.
Such severe sanctions for crimes like hacking, putting any message or status that might “tarnish anyone's image”, disrupting network or creating spams and viruses have not been taken easily by the conscious people. Jurists, journalists, human rights activists and people from all sectors have criticised such extreme measures taken in this amendment. Renowned jurist Dr Shahdeen Malik says, “In Bangladesh the maximum punishment for bribery and corruption is seven years of imprisonment whether the minimum punishment under this amendment is seven years of imprisonment; it is even non-bailable for some cases. This is completely a draconian law.”
Dr Iftekharuzzaman, executive director of Transparency International says at a conference, ““It won't create concern if our law enforcers were professional enough or could work out of political influence. There is no assurance that the law will not be abused.” Manjurul Ahsan Bulbul, president of Bangladesh Federal Union of Journalist has also been vocal about the law. He has said, “People should protest such amendment, as anyone could become a victim of this law.” (September 7, 2013 The Daily Star)
It has been alleged from different sectors that government has passed such extreme measures mainly to suppress the propaganda of opposition parties and ideologies during the upcoming election. With this law we have almost returned to the days of the section 16 of 1974.
Freedom of expression is the watch word for democracy. This government had promised to bring about a digital Bangladesh. But, how can that be so, especially when our mouse and keyboard have been gagged and tied up and the recently enacted ICT law is hanging before our shoulder like a modern day guillotine?
The writer can be contacted at shahnawaz.khan@thedailystar.net
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