Member, Executive Council, World Association Press Councils WAPC

I associated as a Executive Council Member of World association of Press Councils WAPC and Bangladesh Press Council. So, I wish to start of my presentation on a proud note with due respect to the Bangladesh Press Council's Ex-Chairman Late Gazi Shamsur Rahaman and Mr. Justice M. Mozammel Huq. As you are probably aware, the media fraternity in Bangladesh marked a historic moment in 1974 the birth of the Bangladesh Press Council. This council constituted legislation passed by the first parliament of independent peoples republic of Bangladesh . This was the culmination of a struggle that had started way back in 1972.

With bitter experience it was therefore clear from the beginning that a group of unscrupulous Journalists would not respect its jurisdiction.

Bangladesh statutory press council was established by the act no XXV of 1974. According to the act the press council has the following functions:

1. To regulate the conduct and promote good ethical standards and discipline of journalists;
2. To solve disputes between the public and the media; and the state and the media;
3. To exercise disciplinary control over journalists, editors, and publishers;
4. To promote, generally the flow of information;
5. To censor, warn, admonish and other related apparatus for public consumption; and
6. To exercise any function that may be authorized or required by law.

Section 17 requires of the Bangladesh Press Council Act the council to submit to the Government within 4 months after the end of each year an annual report on all its activities and the Government shall lay the report before parliament after receiving it.

Ever since the press council was inaugurated in 1974, it has handled many complaints, which were solved properly. Ministers had filed some of these complaints in 1981(Ministers are Messer's Shamsul Huda Chowdhury, Habibullah Khan, Abdul Alim, Abdul Halim Chowduhry, S.A. Bari AT, Abul Kashem and Dr. Faridul Huda). In contrast, however, the courts have been kept very busy. This does not include the ones that have been disposed off or those that are yet to be filed but for which the newspaper has got intentions to sue.

As a statutory body the Press council is supposed to get funding from government. However, government has never given adequate funding to the council despite it is mandatory by the act. It is financially crippled to run effectively. This affects the independence of the Press Council and encourages government interference. The law gives the government excessive powers. Yet the council has a lot of authority over the media, including the power to censor. In reality this power is not exercised judiciously without undue interference from government. In effect the law establishes the council to control rather than regulate and adjudicate.

What is glaringly amiss in the law is a provision to ensure that the press council is answerable to no person of authority in the discharge of its functions so as to safeguard its independence.

The government established the press council without any provision for financial support. This has caused both administrative and procedural constraints with the council being run by officers who are not very skilled operating with outdated equipment. Attempts by the Press Council to secure funding from different sources prohibited. This can be partly explained by the fact that the trend in most of the stakeholder has been media regulation through non-statutory bodies.

The existence and role of the Press Council is not known by most of the peoples of Bangladesh and therefore the benefits of council are not very clear.

A group of journalists in Bangladesh shunned the press council right from the beginning. The government, despite setting up the Press Council, has never gone to it. As stated before, of all the complaints handled by the council since its inception, none were filed by the state. This shows incredible lack of confidence in the Press Council by all the major stakeholders and government. Last year that is 2006. Information minister interfered the gazette publication of the Bangladesh Press Council Committee. Chairmen of Bangladesh Press Council compelled by the information minister to change the council committee. Then this committee forwarded for gazette publication by the ministry. As per Act, the Chairman of the Press Council is the sole authority to approve the committee and its gazette publication is the routine work and responsibility of the ministry.

As long as government demonstrates total disinterest in the Press Council and as long as the leadership of the Press Council continues to be perceived as not independent from the ministry, its credibility is at stake. Without credibility the press council could only go nowhere. This has made the press council extremely unattractive, infect the statutory press council is clamoring for more powers to censure, admonish any journalist, newspaper, magazine which refuses to change its style after being warned in writing and the power to temporary ban it for stubbornness to change.

It the independent press council of Bangladesh is to be set up with the following objectives:

1. To promote the growth of a responsible, free, independent media that adheres to the highest standards of journalism.
2. To keep under review, and where appropriate, challenge developments that are political, legislative, commercial or otherwise that restrict dissemination of information of public interest and importance that may consequently threaten the public's right to know.
3. To consider and deal with complaints about the conduct of the media.
4. To enhance the development of the media profession by undertaking activities including, but not limited to, training journalists.
5. To promote gender sensitivity, equality, equity and balance in the media.
6. To publish periodical reports about the activities of the council and review any developments in the media that may affect the council's efforts to realize its objectives.
7. To undertake other activities as may be in the interest of the council, the media and the public.

The case for self-regulation will be exhaustively tackled and appreciated at many discussions and is therefore not in dispute anymore. During our consultations and lobbying for a non-statutory regulatory body we discovered good will among many stakeholders. The following are views from interested quarters, which we hope we can ride on to make IPCB work.

"...... self control by the media in regard to the disputes between the public and the media is the best option."

Effective self-regulation is the best system for promoting high standards in the media. The state is therefore required by the human rights legal regime to encourage and support the formation of a self-regulatory system to handle complaints. The enlightened people recommend that Government supports and participates in the process of forming the self-regulatory system to handle complaints so that the interests of all the parties concerned are taken care of in establishing a system that arbitrates and resolves conflicts amicably rather than punitively.

Such goodwill from sources very close to government gives us the courage and impetus to pursue with determination our campaign and lobbying to government to appreciate that self-regulation is the way forward.

The establishment of the Independent press council Bangladesh (IPCB) has been demand-driven. No journalist consulted was not in agreement with it. And given that the professionals have been the major victims of a repressive legal regime, they know better. Their only concern was on how to make the IPCB really work.

This as opposed to individual membership would ensure that either a media house, organization of press club, covers each journalist. This is to ensure that the council has the blessing and support of the institutions in enforcing its decisions.

The Governing Council of the IPCB will be headed by a former Justice of Bangladesh Supreme Court and is composed of respectable members of the public and profession. This will create credibility for the council.

Registering the Council - The IPCB needs to acquire legal status to be able to function effectively and carry out its mandate.

Developing and approving a Code of practice acceptable to all - The Code is the basis on which the IPCB will operate effectively as it will provide the guidelines.

Lobbying, mobilization and publicity - We need to convincingly bring the public and government on board. We have to create trust and confidence in the IPCB. We have to clear the expected confusion arising out of the existence of the statutory Press Council alongside the IPCB.

Enforcement of IPCB decisions - we have to try to make the less bureaucratic, easily accessible, free and quick in resolving complaints filed.

Despite the statutory press council in Bangladesh financially crippled by the government, there were two glorious precedent of preserving freedom of the press by Bangladesh Press Council. One is during the tenure of chairmen late Gazi Shamshur Rahman. It is the case (No. : F2/1981), which filed by the Editor of the Ittehad Mr. Oli Ahad to the press council and its verdict. Summarily, the case "Mr. Oli Ahad, Editor, Ittehad requested the press council to look in to the matter arising out of government order imposing pre-censorship of his publication in concoction with all matters regaining the killing of president Ziaur Rahaman, defense service of Bangladesh, the court martial and commission of inquiry on the killings, under sub-section (1) of section 18 of the special power Act 1974." The council took cognizance of the case and directed the government should submit written statement about the matter. Ultimately the govenment responded and issued following letter. "The Government is pleased to rescind its order no 907-HA/POLL (III) dated 24.6.81 regarding imposition of pre-Censorship on the weekly ITTEHAD Published from Dhaka with immediate effect." The press Council then thanked "The government for the good gesture of withdrawing the Pre-Censorship imposed on ITTEHAD on our intervention".

Another Case (No: 1/2003 Date: 14.12.2003) filed by a noted and senior Journalist Mr. ABM Musa to Press the appellate board of Bangladesh Press Council during the tenure of Mr. Justice. M. Mozammel Huq MP regarding the authentication of declaration of a new Bangali Daily NITTYADIN. The Press Council appellate board took cognizance of the case and issued notice to the District Magistrate Dhaka to explain, why declaration not authenticated? Summary of the case "to seek the declaration of The Daily Nittya Din application Submitted to the District Magistrate, Dhaka with observing all legal formalities. As per Act, after receiving the application the District Magistrate is legally bound to authenticate the declaration with in 60 days. On be half of the District Magistrate said that as per SB report the applicant is a Supporter of Awami League. But, hereof no legal barrier to authenticate the declaration of a newspaper by district Magistrate, though the editor and publisher of the paper is a supporter of any political party.

The court heard both the party and directed District Magistrate, Dhaka to authenticate the declaration of The Daily Nittydin with 15 days. If as per directive of the court, declaration not was authenticated with in the time, the Judgment of the court deems to be the authentication of Declaration of The Daily Nittydin.

Mr. Justice M. Mozammel Huq M.P. was a elected Lawmaker from ruling political party BNP. But his this Judgment against the government and Bureaucracy uphold the prestige, status of Judiciary, Press Council and Press appellate Board.

Without Courageous, worthy and honest chairman statutory Bangladesh Press Council will be failed. Chairmen requiring courage to preserve freedom of press and restrain it misuse. Chairman is afraid for his employment. As per act the term of the Chairman is for a three years period. But contract between the chairman and the government inserted "Without Showing any reason any of the party can cancel the contract issuing one month notice before."

World Association of Press Councils WAPC expects "A Press Council or Similar body must be autonomous and independent of government or any other outside interference." WAPC is the registered and recognized world organization for Press / Media Councils. Present structure of the WAPC Mr. Oktay Eksi, (Turkish. WAPC President), Mr. Justice G.N Ray ( India . WAPC Vice President), Mr. Christopher Conybeare ( Honolulu , USA . WAPC Secretary General) Treasurer: Mr Oktay Eksi (Turkey) Executive Council Members - Mr. Anthony Ngaiza (Tanzania), Mr. Moinuddin Quadery Showkat (Bangladesh), Mr. Ismet Kotak (TRNC), MS. Esther Kamweru (Kenya), Mr. Beenwell Mwale (Zimbia) Mr. Haruna Kahnnabi (Uganda) Mr. Aflutun Amashov (Azerbaijan), Program Consultant: Ms. Prof. Dr. Sule Aker (TRNC).

In fine, I like to say that putting one to shame can be done cannot always do Bangladesh Press Council through punishment. There are courts for punishment. It is not wise to make the Press Council another punishing organization.

Man connected with Press must know that, his freedom should be consistent with the freedom of others. Study of laws that affect the Press will give him the required knowledge to exercise his freedom with injury to none.