By Maynak R Mittal (TON Bangladesh)

The Digital Security Act is in offing to restrict independence of media in Bangladesh. The media in Bangladesh is under pressure, and its function heavily hindered by the Digital Security Act (DSA), a new law which is now on the anvil o the Bangladesh Press Council (BPC). The draft law imposing a 10 lakh fine for participating in "unlawful deeds."

Apparently, the idea has been in the works since 2016, and the 1974 law has to be amended to fit in an oppressive provision. For good reasons, not all members of the BPC are in accord with the suggested amendments. From reports in the print media, it appears that the draft was framed and the action was taken in a secretive manner.

Some of the members were not aware of the suggestion, and the essential procedures, they feel, had not been followed before placing such a proposal to the Cabinet. Certainly, the journalist community had not been asked either as a group or as members of the Council to express their opinions in this regard.

The suggested punishing provisions would restrict the liberty of the press. The crucial clause of the provision is vague and lends itself to clarification by the organizations intricate in the procedure of law and order. There are also prevailing laws that lay down movements against anyone involved in "illegal activities".

The need of a separate law to govern journalists created very ambiguities in heart and minds of independent journalists which are being left at the mercy of administration and its agencies. The possibility of interpreting the law may easily be misused at the hand of officials. The DSA is a fit case in in this regard. The nastiest victims of this very awful lawmaking are the independent and impartial journalists.

The law can be easily applied against the journalists on the pretext that it is harming the state to restrict their free reporting of extrajudicial killings and gross monetary irregularity or corruption in high places. It is totally against the spirit and soul of freedom of press and will certainly tarnish the image of the country.

In fact, is not only harmful to the image of the country, keeping it from public domain is patently anti-state. After all, corruption, or abridgments of the right to life not only abnegates the country's constitution, it puts the country's interest at stake too.

There is a number of laws, namely, the Code of Criminal Procedure (CRPC), the DSA, the draft Data Protection Act, and the draft Bangladesh Telecommunication Regulatory Commission Regulation for Digital, Social Media and OTT Platforms (draft BTRC regulations).

There is question that why should a government which claims to be duly elected government and assertions to have the support of the majority, is so keen to restrict and limit the free media in Bangladesh. It seems that the proposed law is designed to sort out "errant" journalists or those who do not fall in line the government desire.

There is for good reason that the press was dubbed as the "fourth estate and it has become a metaphor for the power of the media that empowers it to hold the government and the political party, which the people have chosen by free will to run their affairs. In Bangladeshi the DSA proposed law will be a sword of Damocles.

Certainly, every institution must be guided by some rules and follow certain principles of functioning. But the administration, instead of being an enabler of free flow of information for public good, should not become a hinderer.

The amendment to the existing law would also need another amendment, since the proposed punishment and the 1974 Act does not contain any retaliatory clause, and would alter the very fundamental purpose of the Act.

It would be convenient for a Bangladesh government to establish a Press Council for the purpose of preserving the freedom of the Press and maintaining and improving the standard of newspapers and news agencies in Bangladesh and not for suppressing it in a bid to boost up the objective to help newspapers and news agencies to maintain their freedom.