1. Introduction:
Freedom of press is one of the signs of committed democracy. As a democratic country Bangladesh is not practicing the freedom of press accurately. It can be said that press is like condense between government and people, so freedom of press is needed for pale communication between them. According to the UNESCO, freedom of expression and freedom of the press both are counted as a basic human right and that highlights the media independence[1]. Generally contempt of court is behavior that oppose or defy the authority, justice, and dignity of the court. If press itself involves with the contempt of court then the end result will not be acceptable for both government and general people. At present the freedom of press is under threat and some members of press media are involving in the contempt of court which is very shocking for present judiciary system. As I said former that freedom of press is needed for fair communication but if that media involves in unmerited activities then how it will be possible? Yes, we know that the government makes mistakes the majority of the time, they are not liable to general people, their judiciary system is not sound and so many issues are there. We have the right to know about every steps of government and their actions and through press media general people get aware about their government’s activities. Freedom of press, right to know, freedom of speech and access to information are the characteristic of an straight democracy. Media’s freedom, democracy and good governance are as indivisible as the human rights sere. So a free media is essential for build a society with moral, ethical and democratic values that impact our society and culture mainly. The information, in general, and the media, in particular, can also be important by tipping the social and political balance on issues of authoritarianism and democracy, autocracy and theocracy, development and parasitic consumption, war and peace, conflict prevention, conflict resolution and reconciliation in post conflict condition. If the Media can function liberally in a democratic atmosphere, the society is benefited and civilization gets a increase from such freedoms. Bangladesh Journalists rights form – BJRF working to create greater unity healthy atmosphere in the field of journalism of Bangladesh. In some cases at present, some journalists are getting involved in the contempt of court so the image of judiciary system is getting affected. According to the Law Commission, it has been stated that “There is no statutory law in Bangladesh governing the powers, authority, procedure and practice in respect of contempt of court of both Divisions of the Supreme Court”[2]. If the contempt of court happens usually then one day the judiciary system will be collapsed badly, there will be no admiration for the court. On the other hand, if the government restrict the freedom of press then that will be against the human right. So for both cases that problem needs to be reconciled as soon as possible otherwise the condition will be out of control.
2. Freedom of Press and Contempt of Court:
Judiciary is the fountainhead of justice, free press is the vehicle of freedom of expression of all citizens and as such an essential pillar of democracy[3], that statement is hundred percent true but in reality that does not come to pass for the reason that judiciary system is not sound in Bangladesh and also the press is not free. Through the press a communication system build up among general people and government so freedom of press is needed to maintain a better communication between them. Press media works for the sake of people and government; they should not be partial on any side. Through press general people can know what their government is doing and on the opposite side government can know about the demands of general people. So press media has the right to present the true information in front of general people, also general people have the right to know the information. Here press should be independent to represent the right information without any fear of criminal charges[4], but point should be noted that information related to government or judiciary system will be offered with the value of government and judiciary system. Otherwise that can hamper the status of a country or the image of the judiciary system in a country. So, for both cases, the freedom of press for representing right information to people and effective law beside contempt of court are mandatory but that should be in equilibrium.
2.1. Situation in Bangladesh for Freedom of Press and Contempt of Court:
At present the not only the freedom of press is under danger but also the electronic media. About 5500 newspapers and periodicals are published from Bangladesh in Bangla and English, most of those are print in Bangla language. The year of 1990’s marked a new period of media freedom as granted in the Constitution of Bangladesh. Despite these freedoms, the media face many challenges in performing their function. Members of the press and media routinely face violent behavior or restrictions making it difficult to put into practice journalism or carry out media activities in a complimentary manner. Though, the privatization trends towards the broadcasting and advertising have specified the media a experience of independence than ever before. That is a good practice of independence indeed but some times some journalists symbolize information which becomes very dangerous for some sectors of government or image of the country, that information contempt the court or judiciary system. Bangladesh is solitary of the most dangerous and violent countries in South Asia for journalists. The risks are on the raise day by day with harassment, torture, and arrest and death threats for news reports and opinions which picture of the truth. Local journalists say they are increasingly under hazard for reporting on political violence, graft, and organized crime, but that the main cause of violence against the press in Bangladesh is persistent corruption. The professional rights and freedom of journalists are being restricted frequently now either by laws or by other restraints forced by the government. Recently we have seen that a daily newspaper called ‘Amar Desh’ published a report on April 21 under the headline “chamber manei sarkar pakkhe stay” (chamber bench means stay order in favor of the government)[5]. That headline directly stated that judiciary system runs by the preferential of the government. Though we know that government in Bangladesh is already corrupted but with the value of the judiciary system and government press should make public their information and opinion. Journalistic ethics is needed and every journalist should have that. But they have to consider some boundaries. That newspaper headline was the express of freedom, but according to the law, the court establish that reporter guilty. Here, the problem is that if the court gives him punishment against his report then independence of press will be in an inferior position. On the other hand that report fashioned a bad image of judiciary system and contempt of court which is not acceptable at all. That might have an effect on the general people’s mentality and the trust on judiciary system might reduce. Fair demonstration and flow of information are essential which can create the government accountable and transparent. Here press plays an important function on behalf of the country. According to the state of affairs in Bangladesh journalists are not getting the right information and government is not giving the appropriate information to them, in that case a visible number of journalists were assaulted or targeted with death threats, one reporter murdered, 16 news rooms or press clubs brutally attacked and four journalists detained by the authorities in scarcely over eight months-is by far the country with the highest incidents of violence against members of the press according to the data of June, 2002 [6]and in 2008 about 33 journalists were assaulted or harassed in a total of 18 incidents across the country[7]. Those are thoroughly against the freedom of press and also against the law. From the earlier event we can see that press media disadvantaged from the freedom and the judiciary was not sound enough for them. So, a distance has been made between the press and judiciary system in Bangladesh. v Some Significant Dates for Press ? 1996: Free and Fair elections; press plays a major role in the proposal for a pre-election care-taker government. ? 1997: The Government disbands the state-controlled trust which was in charge of publishing four important newspapers since 1974. ? 1999: Private television ownership permitted.
2.2. Interaction between Press, Government and General People:
Press, government and general people three of them are reliable to each other. For the betterment of a country three of them cooperate main roles so if any one of them plays negative position then other two will be exaggerated. In the case of Bangladesh we have seen the comparable thing; our government is corrupted so other two factors press and general people are getting overstated. The government gravely influences the actions of the press, where newspaper reporters go more than their permitted guidelines, they countenance possible replacement. Often times, journalists practice self restriction out of fear of the punishment of vocalizations out against the government. Violent attacks and threats by government leaders and political activists are not out of the ordinary consequences of news reporting. Such as government uses the press media for their own advantage but when government changes then other government blame that press for committing unjustified work. Independent newspapers that do not speak well of the government are not given any human rights. Here press media is being indistinct by them and general people suffer from that.
2.3. Support of the Law:
Laws are obtainable in Bangladesh for every major sector but most of those are deactivated or unused. Here, laws for freedom of press are in similar case, on the other hand laws against contempt of court are also existed. In Bangladesh laws are organized in such a way that the press will not be able to act independently, it has some boundaries. Actually Bangladesh only practices figurative form of democratic government. Actually, government and laws are not supporting the democracy. So press is not receiving the full right of freedom, they are under restriction of rules and regulations. According to the Article 39(1) of the Constitution provides for freedom of speech, expression and the press[8], but Article 39(2) makes the enjoyment of these rights subject to reasonable restrictions in the interests of the security of the state, friendly relations with foreign states, public order, decency and morality in relation to contempt of court, defamation or incitement to an offence[9]. In Article 39 it clearly states that the freedom of thought and conscience is unlimited but the other freedoms such as speach and expression and freedom of the press are not without Restrictions. So, most of these types of acts restrict the freedom of press. Recently Supreme Court of Bangladesh has passed a verdict on August 19, 2010 related to protecting the image of judiciary, according to the report published on “Amar Desh” newspaper. The decision was six months in prison for gross contempt of court. In contrast though, the High Court on 22 March 2007 rejected an appeal for contempt proceedings against the Daily Manabzamin, which also doubted the qualifications, honesty, and impartiality of judges. But its editor received jail term in a prior contempt case (Cassette Scandal) in May 2002[10]. So it has been seen that the rule of law is not well established yet in Bangladesh.
2.4. Way to Reconcile:
Freedom of the press is a basic right of all citizens as guaranteed in the constitution in Bangladesh. Government’s Corruption, against the law position eviction, expedition against corruption, terrorist activities, market price, development news, political, violence, democracy, education, fire, decline of law and order, women torture, rescue arms, stealing-robbery, meeting-seminar, expedition of joint forces, agriculture problem, extortion and other different reports have published in 2007 in all presses but those journalists were stopped by the law enforcement agency. Some journalists articulated deep anxiety that some musclemen and political parties have taken their personal advantages from journalists for the lack of unity of among the journalist’s community. Those situation are common in Bangladesh. On the other hand, The Rule of Law is not recognized yet. So the judiciary system in Bangladesh is very feeble in position. But we have seen that people in Bangladesh do not lift up their voice, it does not mean that they are pleased with all they have and also the role of the judiciary and its judges. There is no press censure of judges and their judgments, though such censure is rare for a variety of reasons. One of the reason is the fear of contempt of court action. The objective of the contempt proceedings is to defend the prestige, dignity, and authority of the court. Balanced judiciary is a sign of good governance which is both independent and accountable in exercising its judicial power. Judicial independence is not a freedom for judges. It is for defensive the citizens’ freedom and rights in law. So Establishment of rule of law with fair judiciary can endure the freedom of press and their rights. Since judges are in the positions of power to present justice, pressure for accountability has ever more been brought to bear on them. In exercising its constitutional power on behalf of the people, the judiciary owes its accountability to the people, who are at liberty to an institution in which they can be positive. And its judges must be able to defend and give details the ways in which they exercise their judicial powers. An effective balance must be achieved between the role of judges and journalists as well as between freedom of press and the administration of ordinary justice.
3. Recommendation:
Assure the security of human rights, particularly the International Covenant on Civil and Political Rights and the Convention against make suffer and other Cruel, Inhuman or Degrading Treatment or Punishment. ? Stop all assaults against the press? Revoke of every one emergency legislation that provides for imposing jail sentence on journalists based upon what they write, following procedures contrary to the principles of international justice. ? Elimination of all political and financial pressures on press. ? Ensure the Rule of Law and Freedom of press. ? Press should be out of biasness and free from politics. ? No political parties be able to run press, which will be out of political parties.
4. Conclusion:
The basic rights being guaranteed by the fundamental law of the land with some boundaries, no organ of the state, executive, and governing body of judicial can act in contravention of such rights. Any Act which is revolting to such rights must be annulled. The freedom of the press is necessary to the nature of Free State. Every free man has a certain right to lie what sentiments he plead before the public, to forbid this is to obliterate the freedom of the press. But this freedom is being caught up due to the range of use of the word government and other employed terms bearing manifold interpretation in the interrelated laws. The people of Bangladesh are showing to a large array of information and it is impacting all stratum of life in all regions of the country. The freer flow of information has not only empowered women and the disadvantaged; it has also generated eagerness among all segment of the population to take part in development actions. Press is one of the most victorious ways to make government accountable, if government more participation of sharing information with press, more accountability and transparency will come and we can get a smaller amount corrupted government. So government should get steps to make the press more effectual and more communicative. Press media is on behalf of the country to in cooperation government and general people should help the press to make it more effective for them. After that we can reconcile the freedom of press and contempt of court.
Bibliography
[1] “UNESCO promotes freedom of expression and freedom of the press and fosters media independence”
[2] Law commission report, published in JUNE 09, 2005
[3] The Daily Star, editorial section, August 26, 2010
[4] According to CPJ Deputy Director Robert Mahoney. “Journalists should be able to report on the legal system without fear of criminal charges.”
[5] According to the article on ‘The Daily Start’,T Thursday, August 26, 2010
[6] According to the Press Institute of Bangladesh Archive, RSF NETWORK MISSION REPORT, June 2002
[7] Report by Zahid Al AminFebruary 25, 2009, from BLITZ
http://www.weeklyblitz.net/185/state-of-press-freedom-in-bangladesh
[8] Article 39 (1) “Freedom of thought and conscience is guaranteed.”
[9] Article 39(2)” Subject to any reasonable restrictions imposed by law in the interest of the society 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”
[10] From ‘The Daily Star” Law & Our Rights section, September 4, 2010
[11] (http://www.thenewsmanual.net/Resources/medialaw_in_australia_03.html)
[12]. ^ A Compendium of Law and Judges (http://www.courts.gov.bc.ca/legal_compendium/Chapter22.asp)
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[13] ^ Federal Court Rules Chapter 12 (http://reports.fja.gc.ca/regles/partie12.html)
[14] ^ Provincial Court Act Jurisdiction of justice
(http://www.qp.gov.bc.ca/statreg/stat/P/96379_01.htm#section31)
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[1] “UNESCO promotes freedom of expression and freedom of the press and fosters media independence”
[2] Law commission report, published in JUNE 09, 2005
[3] The Daily Star, editorial section, August 26, 2010
[4] According to CPJ Deputy Director Robert Mahoney. “Journalists should be able to report on the legal system without fear of criminal charges.”
[5] According to the article on ‘The Daily Start’,T Thursday, August 26, 2010
[6] According to the Press Institute of Bangladesh Archive, RSF NETWORK MISSION REPORT, June 2002
[7] Report by Zahid Al AminFebruary 25, 2009, from BLITZ
http://www.weeklyblitz.net/185/state-of-press-freedom-in-bangladesh
[8] Article 39 (1) “Freedom of thought and conscience is guaranteed.”
[9] Article 39(2)” Subject to any reasonable restrictions imposed by law in the interest of the society 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”
[10] From ‘The Daily Star” Law & Our Rights section, September 4, 2010