Digital Security Act and Investigative Journalism in Bangladesh: A Critical Analysis (original) (raw)
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Re-Conceptualizing Safety of Journalists in Bangladesh
Media and Communication , 2020
Journalists are currently facing a multitude of threats. Commonly, these are considered in terms of harassment and bodily harms such as incarceration and murder of journalists. In the Bangladeshi case we argue that the parameters for evaluating what constitutes safety for journalists go beyond conventional wisdom. On the basis of in-depth interviews of 23 Bangladeshi journalists, we argue that the concept of journalists' safety has three intertwined dimensions. First, journal-ists' safety incorporates avoiding bodily harm (imprisonment, enforced disappearance, and so forth), and harassment, as well as economic and career threats. Second, in order to remain safe, journalists undertake various tactics including compromising the objectivity of news in a regime where security apparatus and pro-government journalists work in tandem to surveil and intimidate non-partisan journalists. Third, the tactics used by journalists decrease public faith in the media and the media can no longer play a watchdog role. We argue that one needs to reconceptualize the safety of journalists within these three intertwined dimensions.
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Freedom of expression (FOE) is a universally recognized tenet of human rights grounded in history and contemporary experiences around the world. Barriers to attaining FOE in media in the context of a developing country and rising democracy like Bangladesh suggests further research. This paper explores how Bangladesh’s Digital Security Act is constraining FOE in the Bangladeshi media (DSA) 2018. This study analyses the current situation of FOE in Bangladesh using data gained from interviews with those affected by the DSA 2018 as well as other civil society members. Other data sources for analysis include constitutional provisions; the Bangladesh Penal Code and five other national and international standards; 15 interviews with journalists, bloggers, human rights defenders, and teachers, as the key informants; and a survey of randomly selected members of the general public. The research reveals that the DSA 2018 has created a culture of fear among journalists and activists, which has caused these actors to self-censor their writing and other forms of expression. Moreover, the research suggests that gaps in existing laws related to human rights and FOE are helping to cause democratic regression in contemporary Bangladesh. Finally, the research concludes that Bangladesh’s governing regime is consolidating its power to rule through the arbitrary use of restrictive law. KEY WORDS: CIVIL SOCIETY / DEMOCRACY / DIGITAL SECURITY ACT / HUMAN RIGHTS/RULE OF LAW
Journal of Multidisciplinary Legal Research , 2021
Investigative Journalism which can be understood as gathering evidence, constructing narratives and then making sense of the things in order to make news judgements have the ability to unveil some really uncomfortable facts which might create controversy in the society. Large scale revelations have been made through the way of investigative journalism throughout the world from the very recent Panama papers leak on corruption to 1891 expose of Bofors defence deal in India. Films have been made and books have been written on the stories investigated by the Investigative Journalists, but looking at the recent trends in the country, investigative journalism seems to be at a declining curve. During a recent book launch CJI. C.V. Ramana pointed out that in early days newspapers used to have articles about big exposes and scandals all over it and how the trends of the Investigative Journalism is constantly decreasing in the country, but the question here is that what exactly are the reasons behind that downfall. This research paper focuses on the reasons behind the downfall of the investigative Journalism in India that is majorly increase in threats and killing of the Journalists to which the potential solutions is the implementation of some effective protective legislations along with preventing the misuse of current laws.
Threat of Legal Action Chills Journalism in Bangladesh
Bilal Hussain, 2021
Bangladesh's Digital Security Act is hastening the country's decline in press freedom, with authorities using the legislation to jail journalists and others who are critical of the government and its response to the coronavirus pandemic. Bangladesh's information minister, Hasan Mahmud, has said in interviews that the act is needed to protect people online. But rights groups and local journalist associations say the Digital Security Act and other laws, including the Official Secrets Act that was used to detain an investigative reporter in May, are adding to pressures for journalism. During the pandemic, dozens of journalists who covered corruption or reported on cases of food aid being taken from poorer regions, were hit with legal complaints, said Saleem Samad, an award-winning Dhaka-based journalist. "Those who dared critiquing of the pandemic health care management were also prosecuted under repressive [Digital Security Act]," Samad said. The act has resulted in widespread self-censorship, especially among the newsroom gatekeepers, Samad said, adding that in-depth stories on corruption and accountability of elected representatives or lawmakers are missing in the media. The space for critical journalism has been shrinking along with a distrust in the election process, following a 2013 vote boycotted by the opposition, Ahmed said. The government of Prime Minister Sheikh Hasina has become more authoritarian and intolerant to criticism, which is driving the persecution of the voices of dissent and criticism, he added. According to media watchdog Reporters Without Borders (RSF), Hasina's government has "taken a markedly tough line with media." RSF cited the Digital Security Act and prosecutions related to pandemic coverage when it ranked Bangladesh 152 out of 180, where 1 is freest, on its annual press freedom index.
Youths' Perception of Digital Security Act 2018: A Study on the Youth of Bangladesh
South Asian Journal of Social Sciences and Humanities, 2022
Freedom of speech is one of the most important fundamental rights ensured by the constitution of the People's Republic of Bangladesh. However, when this right is abused, it destroys the peace and harmony of the country. But without any surveillance, digital platforms can turn into places of controversy which may trigger mass people into communal violence and riots. Thus, the government of Bangladesh has introduced Digital Security Act 2018 to secure the responsible use of the Internet and digital platforms. In this study, the researchers attempted to take a look at the perception of Bangladeshi youth on the Digital Security Act 2018. This study followed survey and in-depth interview methods to gather data. Researchers found out that most young people feel the digital security act is working against freedom of expression on social media. They demand viable changes to this act and agreed to the notion that responsible digital citizenship can ensure freedom of expression on social media.
The Age of Human Rights Journal
Investigative Journalism is the act of the journalists which goes beyond simple reporting of events in the press. It involves newsgathering by taking an initiative to get the required information. The information in this case is not easily available. The extra effort taken for this type of newsgathering is termed investigative journalism. This method has gained great momentum in India. The need for this study is motivated by the fact that though India is a party to United Nations Declaration of Human Rights and the subsequent ICCPR 1966, it has failed to make Privacy a part of the Indian Constitution while Press is accepted as a fundamental right. Today the press in India like in other nations is under the control of multinationals, which use this as a weapon to dictate the government and the masses. It is in this scenario that this study becomes relevant, where due to lack of legislative intent the media has become an unbridled horse. This makes an individual vulnerable to media at...
The State of Investigative Journalism During Covid-19: A Study on Print Media of Bangladesh
Khulna University Studies, 2023
This study seeks to find out how investigative reporting was portrayed in Bangladeshi print media during the early stages of the coronavirus pandemic. This study applied the content analysis method to examine the investigative reports (N=58), followed by a quantitative and thematic approach to assess the state of investigative journalism practice in Bangladesh. The findings of this study revealed that the theme of crime and health-related issues has received the highest attention in investigative reports. Some investigation reports focused primarily on COVID-19 related issues, with medical equipment and hospital safety settings being the most often reported subjects. The study also found some notable discourse stating that government officials have mostly been cited as the primary source in investigative journalism. In addition, a substantial number of unnamed sources were also found in these reports. However, future studies can assess the quality of the investigative reports through textual analysis carried out over a longer period.
One of the intrinsic instincts of human being is the desire of being free which sense makes them distinct from other animals. The State is on legal obligation to maintain, protect and promote them according to law. ‘Freedom of Thought and Expression’ and ‘Right to Privacy’ both are guaranteed by the Constitution of Bangladesh. As an emerging democratic country it bears more importance for the progress of democratic process and culture. Section-57 of the ICT Act, 2006(amended in 2013) deals with Punishment for publishing fake, obscene or defaming information in electronic form, in appearance mostly contradictory with ‘freedom of thought and expression’ whereas under this section’ right to privacy’ is highly focused bearing huge ambiguity therewith. In the era of information and technology right to privacy how much should be protected and possible to protect and maintenance is rational in real life, there should have minimum parameter and guidelines in law. Considering the reality removing ambiguity of the section for minimizing the suffering of mass people in enforcement of it is the demand of time. This write up will focus on the inconsistency of the ICT act, 2013 (amended) with the right to freedom of speech and expression which guaranteed by the constitution and other international instruments.