Introduction:
An expression is a way of a person’s thought, feelings, attitude, and sentiment towards other people. It is a way for a person to get to know he better and make him understandable to others.
to make this expression more accurate we use words. These words are speeches that we give when we feel something toward other people. Almighty gave us this power so that we can express whatever we are feeling and make our self valuable to others. In every country people have basic rights. Freedom of expression and speech is one of those basic rights. this right is valuable to every human being living in this planet. Bangladesh is a democratic country and freedom of expression and speech is a major priority here. People who are living here, both the general public and the government has this right. But a country like ours, sometimes we are restricted from our expression and speech. This restriction is only legal for the general people. the only group who are not restricted are the government bodies who are running this country. They are restricting our rights by passing many ordinance under constitution of Bangladesh based on relevant and irrelevant facts. Almighty said never fear to express your feelings, but still sometimes when we raise our voice or express our feeling we get punished by the law.
What is freedom of speech and expression?
Freedom of speech and expression means speaking and expressing yourself freely without any censorship. The right to speech has some common boundaries, limitation in every country. This limitations are, committing crime, insanity, slandering, illegal acts etc. “The right to freedom of expression is recognized as a human right under ARTICLE 19 of the Universal Declaration of Human Rights and recognized in international human rights law in the International Covenant on Civil and Political Rights (ICCPR). ARTICLE 19 of the ICCPR states that “Everyone shall have the right to hold opinions without interference” and “everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice”.”
In this form you can express your feelings and raise your voice but you cannot use violence as a tool for your rights. Whenever you are using it as a tool, that time you get restricted to raise your voice or express your feelings.
The two ways of giving Expression And Speech:
In the ARTICLE 19 of the ICCPR, it is mentioned that there are two legal and non violent ways that you can express yourself. With the help of these two ways any person can express their feelings, speech anywhere in this world. These are:
a) Print Media: This media is based on written articles, letters, advertisements, notes, banners, mail, cards, arts, etc. People can use this form to express whatever good or bad they want to say. This is a non violent form of expressing their thoughts.
b) Electronic Media: This media is based on visual advertise, news, arts, graphics, e-mail, internet, television, etc. This media is vast and has highest viewing audience. Anything good or bad comes to the news, people notice it. It is a legal and non violent way to raise your voice and it is the best way to express yourself.
Importance of freedom of expression and speech under the constitution of Bangladesh:
Right to Information Act 2002 (“Working Paper”), prepared by the Law Commission of the Republic of Bangladesh. This Working Paper was produced in early 2002 and underwent limited and few circulation for comment. It was circulated more widely and vast in due course and ARTICLE 19 obtained a copy in late 2003. The Working Paper provides narrative discussion on the main issues which can be dealt with by a freedom of information act. It also provides specific drafting suggestions. ARTICLE 19 welcomes this initiative as a positive step to revolutionize freedom of expression in Bangladesh .
The Introduction of Working Paper sets out relevant legal bases, under both national and international law, for the right to information , Article 19 of the Universal Declaration of Human Rights (UDHR), ARTICLE 19 of the International Covenant on Civil and Political Rights (ICCPR) ratified by Bangladesh in September 2000, and ARTICLE 39 of the Constitution of Bangladesh. ARTICLE 19 of the Universal Declaration of Human Rights (UDHR), UN General Assembly resolution, binding on all States as a matter of customary international law, sets out the fundamental right to freedom of expression in the following terms:
“Everyone has the right to freedom of opinion and expression; this right includes the right to hold opinions without interference and to seek, receive and impart information and ideas through any media regardless of frontiers.”
Constitution of Bangladesh is known as the supreme law for the government bodies of People’s Republic of Bangladesh which was passed in November 4, 1992. In this Constitution the Freedom of Speech and Expression was properly secured as the basic right for all living people of Bangladesh. It is entitled in the constitution as ARTICLE 39 of Part 3 (Fundamental Rights)
“Freedom of thought and conscience, and of speech”
1 (London: ARTICLE 19, 1999). Available at: http://www.article19.org/docimages/512.htm.
2 (London: ARTICLE 19, 2001). Available at: http://www.article19.org/docimages/1112.htm.
3 Report of the Special Rapporteur, Promotion and protection of the right to freedom of opinion and
expression, UN Doc. E/CN.4/2000/63, , 18 January 2000, para. 43.
4 UN General Assembly Resolution 217A(III), 10 December 1948.
5 Adopted and opened for signature, ratification and accession by UN General Assembly Resolution 2200A
(XXI), 16 December 1966, entered into force 3 January 1976.
6 UN General Assembly Resolution 217A(III) of 10 December 1948.
7 UN General Assembly Resolution 2200A(XXI) of 16 December 1966, in force 23 March 1976.
According to ARTICLE 39 of Chapter 3 (Fundamental Rights) it is written that:
1)” Freedom of thought and conscience is guaranteed”. But it can be Restricted by law if circumstances which constitution cannot support.
2) “Subject to any reasonable restrictions imposed by law in the interests of the security of
the State, friendly relations with foreign states, public order, decency or morality, or in relation
to contempt of court, defamation or incitement to an offence,
(a) the right of every citizen of freedom of expression and speech; and freedom of the
press, are guaranteed.”
Different reason for the restriction of freedom of expression and speech under the constitution of Bangladesh:
There can be restriction on freedom of expression and speech if there happens to be any illegal act. According to our ARTICLE 39(2) of the constitution of Bangladesh Freedom of expression and speech, restriction can be given based on the following reasons:
a) Against the interest of security of the state
b) Against the friendly relation with foreign state
c) Anything related to contempt of court
d) Defamation or incitement to any offence
e) Violation of decency or morality
f) Violation of public order
These are the reason for which restriction is given.
The process of restricting Freedom of expression and speech under the constitution of Bangladesh:
Restriction of freedom of expression can happen if ARTICLE 39(2) gets violated under the constitution of Bangladesh. If it gets violated than under the constitution of Bangladesh emergency law will be applied. There are three reasons for emergency law to be applied, these are:
141A. Proclamation of Emergency
(1) If the President is sure that a grave emergency exists in which the security or economic
life of Bangladesh, or any part is threatened by war or external aggression or internal disturbance, he may decide to issue a Proclamation of Emergency, provided that such Proclamation shall require for its validity the prior counter signature of the Prime Minister.
(2) A Proclamation of Emergency:
(a) It can be revoked by a subsequent Proclamation;
(b) Should be laid before Parliament;
(c) It shall cease to operate at the expiration of one hundred and twenty days, unless before the
expiration of that period it has been approved by a resolution of Parliament, Provided that if any such Proclamation is issued at a time when Parliament stands dissolved or the dissolution of Parliament takes place during the period of one hundred and twenty days referred to in sub-clause (c), the Proclamation shall cease to operate at the expiration of thirty days from the date on which Parliament first meets after its re-constitution, unless before that expiration of the meets after its re-constitution, unless before that expiration of the said period of thirty days a resolution approving the Proclamation has been passed by Parliament.
(3) A Proclamation of Emergency declaring that the security of Bangladesh, or any part is threatened by war or external aggression or by any internal disturbance may be made before the actual occurrence of war or any such aggression or disturbance, if the President is satisfied that there is imminent danger.
141B. Suspension of provisions of certain articles during emergencies
When a Proclamation of Emergency is in operation, articles 36, 37, 38, 39, 40 and 42 shall restrict the power of the State so that it can make any law or to take any executive action which the State would, but for the provisions contained in Part III of this Constitution, be competent to make or to take, to the extent of the incompetence, cease to have effect as soon as the Proclamation ceases to operate, except as respects things done or omitted before the law so ceases to have effect.
1) ARTICLE 36: Freedom of movement
Subject to any reasonable restrictions imposed by law in the public interest, every citizen has the right to move freely throughout Bangladesh or to reside and settle in any place they want and to leave and re-enter Bangladesh.
2) ARTICLE 37: Freedom of assembly
Every citizen of the country has the right to assemble, join and to participate in public meetings and processions peacefully and without arms and illegal objects, subject to any reasonable restrictions imposed by law in the interests of public order health.
3) ARTICLE 38: Freedom of association.
Every citizen has the right to form associations, group, parties or unions, subject to any reasonable restrictions imposed by law in the interests of morality or public order.
4) ARTICLE 39: Freedom of thought and conscience, and of speech.
i)” Freedom of thought and conscience is guaranteed”. But it can be Restricted by law if circumstances which not support the constitution arrives.
ii) “Subject to any reasonable restrictions imposed by law in the interests of the security of
the State, friendly relations with foreign states, public order, decency or morality, or in relation
to contempt of court, defamation or incitement to an offence-
(a) the right of every citizen of freedom of expression and speech; and freedom of the
press, are guaranteed.”
5) ARTICLE 40: Freedom of profession or occupation.
Subject to any restrictions imposed by law, every citizen of the country who possesses such qualifications, if any, as may be prescribed by law in relation to his profession, occupation, trade or business shall have the right to enter into any lawful profession or occupation, and to conduct and make any lawful trade or business.
6) ARTICLE 42: Rights to property.
(1) Subject to any restrictions imposed by law, every citizen of the country have the right to acquire, hold, transfer or otherwise dispose of property, and no property shall be compulsorily acquired, nationalized or requisitioned save by authority of law.
(2) A law made under clause (1) shall provide for the acquisition, nationalization or requisition
with compensation and shall either fix the amount of compensation or specify the principles
on which, and the manner in which, the compensation is to be assessed and paid, but
no such law shall be called in question in any court on the ground that any provision in respect
of such compensation is not adequate.
(3) Nothing in this article shall affect the operation of any law made before the commencement
of the Proclamations (Amendment) Order, 1977 (Proclamations Order No. I of 1977), so far as it relates to the acquisition, nationalization or acquisition of any property without compensation.
141C. Suspension of enforcement of fundamental right during emergencies
(1) While a Proclamation of Emergency is in operation, the President may advice the Prime Minister, by order , declare that the right to move any court for the enforcement of such of the rights conferred by Part III of this Constitution as may be specified in the order, and all proceedings pending in any court for the enforcement of the right so specified, shall remain suspended for the period during which the Proclamation is in force or for such shorter period as may be specified in the order.
(2) An order made under this article may extend to the whole of Bangladesh or any part.
(3) Every order made under this article shall be laid before Parliament.
Conclusion:
Finally it can be said that, everyone in this world have right of freedom of speech and expression. But it is not just controlled by the government, it is controlled by the constitution, ordinance. If there is any sort of violation than people will b restricted from their rights. This restriction is done for the greater goods.
Reference:
arts1091.unsw.wikispaces.net/Bangladesh+2011
en.wikipedia.org/wiki/Freedom_of_Speech
en.wikipedia.org/wiki/Freedom_of_the_press
report.globalintegrity.org/Bangladesh/2008/scorecard/7
www.thedailystar.net/newDesign/news-details.php?nid=152087
http://www.enotes.com/everyday-law-encyclopedia/free-speech-freedom-expression
www2.ohchr.org/english/issues/environment/environ/bp4.htm
www.article19.org/pdfs/…/bangladesh–right-to-information-act.pdf
www.article19.org/pdfs/…/blasphemy-hate-speech-article.pdf
www.internews.org/regions/mena/amr/bangladesh.pdf
www.bjrf.org/articles/status_analysis.html
www.lawcommissionbangladesh.org/reports/62.pdf
www.pressreference.com › A-Be