The information ministry is now examining the amendment proposal before sending it to the cabinet for approval.

The Press Council chairman claimed he had already discussed the law with the president, prime minister and the information minister who have expressed their interest in changing the Press Council Act 1974.

Except for Barrister Mainul Hosein, chairman of the editorial board of the daily Ittefaq, there is no representative of other major newspapers in the 14-member council. Sources said Barrister Mainul opposed the move to amend the act.

Editor of daily Inqilab AMM Bahauddin, who was also a member, resigned from the council after Justice Abu Sayeed Ahammed took over as the chairman on May 26 this year to replace his predecessor, BNP lawmaker Justice Mozammel Haq.

A well-placed government source, however, said there is a dilemma within the government about the proposed amendment. The ruling party policymakers are also divided on the issue.

Information Minister M Shamsul Islam told The Daily Star yesterday that they would examine the proposal. He however said the government has always been working to safeguard the media's freedom and the media has enjoyed the greatest freedom under the present government.

When a group of journalist leaders met the prime minister to discuss the militancy issue on Wednesday, the issue of Press Council Act was raised and some journalists urged the premier not to take any decision to control the press.

AMENDMENT PROPOSAL
Section 12(1) of the existing law says the council will have the authority to warn, admonish and censure a newspaper or news agency after investigation if they violates the ethics of journalism or carry news against the public taste, or if an editor or a journalist commits any professional misconduct.

The proposed amendment says the council can fine a newspaper, news agency, editor and reporter Tk 5,000 to Tk 20,000 if they are found guilty. If the same fault is committed thrice, the Press Council can direct the proper authorities to cancel the publication of the newspaper concerned at least for one day.

The Bengali version of the draft, however, specifically says that the publication can be cancelled for a day.

The fine will be realised in 30 days of the verdict. Half of the fine will go to the complainant as compensation while the rest to the council's coffer. In case of non-payment within the stipulated time, the fine will be realised through a proceeding under Public Demands Recovery Act, 1913.

"Excepting the judgements and orders passed in the cases on trial, in case of violence or disobedience of any other order or orders of the press council, Contempt of Courts Act shall be applicable," the proposed amendment says.

The Press Council has also proposed amendment to section 12(2) of its act.

The section says: “If the council is of the opinion that it is necessary or expedient in the public interest so to do, it may require any newspaper to publish therein, in such manner as the Council thinks fit, any report relating to any inquiry under this section against a newspaper or news agency, and editor or a journalist working therein, including the name of such newspaper, news agency, editor or journalist.”

The council proposes for adding to the section 12(2): “The delinquent newspaper shall publish the report/judgement/order of the Press Council within seven days of its receipt and in case of failure, the Press Council shall direct the concerned authority to stop the action of declaration of the delinquent newspaper till the date of publication of the report/judgement/order of the Press Council.”

VERSION OF PRESS COUNCIL CHIEF
The amendment proposal was chiefly made by Chairman of Press Council Justice Abu Sayeed Ahammed who finds it "very necessary" for the sake of greater interests.

“Realising its necessity and urgency, I took the proposal to the information minister. He suggested getting the proposal approved at a meeting of the council. Later, the council approved it,” he told The Daily Star yesterday over telephone.

The chairman could not remember instantly when the meeting was held and who were present in the meeting.

Asked if there was any opposition, he said: “Mahbubey Alam (president of Supreme Court Bar Association and a member of the council) strongly opposed it and submitted a note of dissent.”

On the necessity of the amendment, he said: “We need to strengthen the law to stop misuse of press freedom. We need to make it more effective.”

“One Bangla newspaper carried a news and I sent a letter to its editor, making queries about it and asking the reporter to meet with me. They neither pay heed to my letter nor did the reporter meet me,” he said.

The Press Council chairman however said newspapers "which are not involved in such journalism," have no reason to be worried.

On whether newspaper leaders have consented to the proposal, Abu Sayeed said he invited them for discussion but only a few of them turned up. “I want to hold talks with journalists but they do not respond,” he told The Daily Star.

“I felt it very urgent to amend the section 12(1) after studying the Press Council Act, its application, hearing 2/3 cases and discussing with my officers and employees,” Abu Sayeed wrote in a Press Council report published on June 29.

“I discussed the matter with the president, prime minister and information minister who also expressed their opinion for changing the act,” he wrote.

Talking to The Daily Star, Mahbubey Alam said, “I think such move needs to be stopped at any cost.”

However, Gias Kamal Chowdhury, president of a faction of Bangladesh Federal Union of Journalists, is of the opinion of modernising the act.

“We don't want to see misuse of press freedom. We, at the same time, do not believe in oppression. But we need to modernise the act as some so-called newspapers carry out heinous acts sometime utilising the freedom.”

After finalising the proposal at the council, Abu Sayeed Ahammed signed it on October 4 before sending it to the president and information ministry.

The members of the council are ruling BNP lawmakers Major (Retd) Monjur Kader, AKM Selim Reza Habib and Salahuddin Ahmed (also editor of the daily Desh Janata), Barrister Mainul Hosein, Editor of the daily Sangram Abul Asad, Editor of the daily Inqilab AMM Bahauddin, Editor of the daily Dinkal Kazi Sirajuddin Ahmed, Editor of Chittagong based daily Istehad Moinuddin Kaderi Shawkat, Assistant Editor of the daily Inqilab Munshi Abdul Mannan, Executive Editor of the daily Samachar Azizul Haq Banna, Prof KM Mohsin and Prof Abul Mansur Muhammad Abu Musa.

BACKGROUND
During the rule of Ziaur Rahman and HM Ershad, newspapers were run according to government dictate. No matter what happened in a day, the information ministry decided what would be published in newspapers the following day. Although newspapers owners and employees agitated in the streets opposing this, they did not have the opportunity to write anything about that in their newspapers due to certain provisions in the Special Powers Act.

After Ershad's fall in 1990, the law was repealed at the initiative of Justice Shahabuddin Ahmad. However, the then BNP government attempted to put control on newspapers by the end of 1995 when the demand for handing power to caretaker government was getting strong. The information ministry sent a proposal in this regard to the law ministry but the attempt failed due to the opposition of the then law minister Mirza Golam Hafiz.

The four-party alliance's attempt to reign in the media became evident immediately after the coalition took over. Several minister and lawmakers raised voice for it at different platforms including parliament. Several MPs made the demand in the House in presence of the prime minister. The Speaker also stressed strengthening the law to control so-called 'yellow journalism'.

After the rise of militancy and bombing across the country, the government invigorated the move and the Press Council sent the proposal.

MIXED REACTION
The matter has triggered mixed reaction in the ruling party. One group believes such provision of punishment is tantamount to controlling the press, which is not right. Late president Ziaur Rahman revoked the black law that forced closure of all the newspapers excepting four and allowed greater freedom to the media. But the proposed act will tarnish BNP's image as the party that supports media freedom.

The other camp however is of the opinion that different newspapers are publishing negative and biased news, and that the proposed amendments were necessary in such a context. It is yellow journalism that has been going on in the name of free media.

In the last parliament session, seven BNP lawmakers including a cabinet minister and state minister criticised the media and demanded enactment of laws to reign in the media. A large section of the government's policymakers believe that it would not be right to gag the media by enacting laws. It will only make the media enemy of the party.