Freedom of the press and Lord Denning
THE signs are ominous. The Bangladesh Press Council, which was set up to preserve the freedom of the press, now wants to control it by having the powers to punish journalists for “false reports,” and to issue certificates to intending journalists. To gain this authority, it has already consulted with the information ministry and drafted proposals for changes in the Press Council Act, 1973. The Cyber Tribunal recently awarded seven years imprisonment to a person accused of disseminating “a derogatory song” on Bangabandhu Sheikh Mujibur Rahman and Prime Minister Sheikh Hasina. Awarding of the punishment appears to be a clear threat to freedom of speech.
The government has already formulated the national broadcast policy, imposing a set of stringent conditions on airing of news reports and programmes by television channels. All the signs suggest that a tough time is ahead for freedom of speech and of the press. Controlling people's freedom of speech and freedom of the press will make any move to have a functional democracy a futile exercise, and the country can in no way claim itself as a democracy. History testifies that any government that has minimal level of confidence in democracy cannot gag the media.
The original Constitution of the USA had not recognised freedom of the press. The framers of the constitution allegedly had no confidence in the press. This had generated huge uproar. The people had fought against the British rule and gained independence hoping to enjoy freedom and liberty. The British rulers had denied people the freedom of expression and of the press. In the wake of the people's demand, most states of the USA, however, guaranteed the freedom of expression in their state constitutions. Virginia had come up with a strong provision in its constitution in 1776. It declared that “the freedom of the press is one of the great bulwarks of liberty and can never be restrained except by despotic government.” Some other states did not waste time to follow Virginia. This led the USA to bring the first amendment to the constitution in 1791 to ensure freedom of expression and the press. The amendment said that the Congress shall make no law regarding establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people to assemble peaceably and to petition the government for a redress of grievances.
There was little freedom of the press in the days of the British Crown. The British government had gagged the media in various ways for long periods. For example, the infamous Court of the Star Chamber was set up by the monarch in 1588. High ranking government officials used to sit behind closed doors in the Star Chamber at Westminster. The Star Chamber acted to gag the freedom of expression and of the press by imposing fines, seizing presses, cutting off ears, splitting noses and awarding imprisonment. After a long period, parliamentarians won the battle defeating the King, and they enacted the Bill of Rights in 1689 ushering in new hope for freedom of the speech and of the press by curtailing the powers of the monarch. Since then, freedom of expression, speech and press have flourished.
Over the years, the press has become the most powerful body in the UK and is able to form public opinion. An insult to freedom of the press is not tolerated. Take the example of Lord Denning, the most celebrated English Judge of the 20th century. In the British Steel Corporation versus Granada Television case in 1981, Lord Denning, who was the president of the Civil Division of the Court of Appeal, commented that “in order to be deserving of freedom, the press must show itself worthy of it. A free press must be a responsible press. The power of the press is great. It must not abuse its power.”
Denning's remarks triggered an uproar as they were considered as an insult to the freedom of the press. Denning tried to defend his remarks. He argued that he made a sensible statement of principle. But the media were infuriated by it and by the decision given by the Court of Appeal. They waged a united protest against the judges. Some senior politicians joined them. Labour Party MP Michael Foot, one of the most principled British politicians in his era and leader of the opposition in the House of Commons at that time, had blasted Lord Denning for his remarks. He even commended: “Denning is an ass.” The Observer ran a report under the headline: “Why Denning is an ass?”
The British government, in its around two hundred years rule in the Indian sub-continent, had made numerous efforts to gag the free press. Thus, the history of the press in our sub-continent has been the history of its struggle for freedom. After partition in 1947, ill-motivated efforts were made by the successive regimes in Pakistan to rein-in the press. This trend continued even in independent Bangladesh for around two decades when political and military rulers ruled the country. The restoration of parliamentary democracy in 1991 by ousting of the military dictator through vigorous street agitation finally paved the way for the press to enjoy freedom. Yet various efforts were made by the successive governments since 1991 to whip and control the media to suppress criticism when they were unable to govern the country properly. However, they were not successful in their bid, rather they had to face debacle when they contested elections after their tenures.
The present Awami League-led government that returned to power through the one-sided and voter less January 5 elections has opted for a stronger strategy to control the media. It has targeted the media because it has become the main opposition to the government in absence of a genuine opposition in parliament. But history shows that any effort to gag people's voice and the freedom of the press finally faces defeat. The eminent English judge Lord Denning had to face severe criticism for making insulting remarks about the freedom of the press. So, one may recall the words of Labour leader Michael Foot when opposing any move to gag the freedom of the press.
The writer is Senior Reporter, The Daily Star.
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