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“All Citizens are Equal before Law and are Entitled to Equal Protection of Law”-Article 27 of the Constitution of the People’s Republic of Bangladesh



Issue No: 189
May 14, 2005

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Law Opinion

World press freedom day

Barrister Harun ur Rashid

On May 3rd, World Press Freedom Day is observed in all member-states of the UN (191 states). The day is very significant because press freedom is inextricably intertwined with democracy. In democracy, political power rests with the people ( Article 7 of the Bangladesh Constitution) and they exercise it periodically by participating in the elections. It is the people who change the government in democracy and in Bangladesh we have witnessed it since 1991.

Why freedom of press is important?
Both the government and the press have common goals in the continuing search for ways of meeting the needs, aspirations and sufferings of people. Often journalists have to undertake investigative journalism to expose abuse or misuse of power of government leaders and officials.

Press is the mirror of society and if government does not allow press freedom, it is the government that eventually suffers from being unexposed to people's views on governance. In the elections government is likely to be defeated by rival parties because the government leaders allow themselves to be insular from the views of people.

Freedom of press provides the people with all necessary information about the policies and programmes of all political parties, contesting the elections in the Parliament. That is why journalists perform their difficult tasks appraising the voters on issues of good governance and accountability.

Article 39.2(b) of the Bangladesh Constitution guarantees freedom of the press "subject to any reasonable restrictions imposed by law in the interests of the security of state". The word "reasonable" employed in the Article is important. If the restrictions on freedom of press are not "reasonable", they are untenable under the Constitution and the Supreme Court has the jurisdiction under Article 102 to declare the restrictions without lawful authority.

Role of the Press
With the information technology the role of journalists have changed around the world. Journalists have become more investigative and sensitive to the needs and sufferings of people. Furthermore, changes are taking place as part of a generational shift caused by globalisation and easy communication.

The changes are not just part of routine duties but represent a move in the light of concern of breaches of human rights and good governance. Good governance is imperative for economic growth and reduction of poverty. Among the aspects of good governance, corruption has been the focus of a great deal of concern and controversy.

It is the press that is active most in exposing corruption of officials who exercise public power for private gain. If a country is corrupt ridden, government's credibility is weakened in the eyes of international community. As a result, foreign direct investment is seriously affected and a higher rate of economic growth is not achievable.

Journalists encounter people at the personal level and know the heartache of many disadvantaged citizens and it is this intimate knowledge with which journalists are empowered to reveal stories, that would be otherwise unknown to government and people. Journalists are expected to raise the level of awareness, to stimulate civil society to mobilize public opinion and exercise pressure on the government to take steps to improve governance.

In other words, press stands between citizens and government's misuses of power and often acts as a guardian of protection of human rights and is intimately connected with activity towards the establishment of constitutional systems based on democratic legitimacy and rule of law.

Freedom is not unfettered right
Press freedom brings responsibility, accountability and ethical standards. Freedom is not "license" because freedom implies that press must adhere to ethical standards and avoid sensational untrue stories. The basic rule of journalism should not be jettisoned in pursuit of a sensational story. The question to be asked is : does the method sound right or ethical?

Each newspaper has a code of ethics for journalists and it may run several pages. It says what journalists can do or cannot do. The New York Times has a code of ethics for their journalists that run hundreds of pages. Journalists are expected to use fair, responsible and lawful means to obtain material or information. Based on this code, there can be no case of entrapment by media representatives to obtain a story.

For example, in 2001, London's News of the World excelled itself when its journalist Mazhar Mahmood, reportedly dressed up as a "Sheikh" from a Middle Eastern country pretended to engage in a lucrative deal with the public relations firm of Queen's daughter in law, Sophie, the Countess of Wessex, the wife of Prince Edward, Queen's youngest son.

The journalist secretly taped her remarks on a variety of topics during a late night drink in a bar at the London's posh Dorcester Hotel. Some of the remarks of the Countess were tactless remarks that were published in the national dailies. A question was raised as to whether ethical standard was maintained to get such stories by the newspaper.

Conclusion
World Press Freedom Day reminds the duties and responsibilities of the press and the governments. While exercising the right of freedom of press, journalists may take account what constitutes "public interest" and what is ethically permissible to obtain or publish information for the public. Journalists, editors and publishers must stick to their strategy in disseminating information that can stand the test of "public interest".

The author is Former Bangladesh Ambassador to the UN, Geneva.

 
 
 


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