by Tamanna Humayra
Introduction:
Law is a system of rules and guidelines which are enforced through
socialinstitutions to govern behavior. Laws can be made by legislatures through
legislation, theexecutive through decrees and regulations, or judges through
binding precedents. Privateindividuals can create legally binding contracts,
including arbitration agreements that exclude the normal court process. The
formation of laws themselves may be influenced by a constitution and the rights
encoded therein. The law shapes politics, economics, and society in various
ways and serves as a social mediator of relations between people.
Legislation is the basic function of Bangladesh JatiyoShangshad.
The Constitution of thePeople’s Republic of Bangladesh has vested exclusively
all the legislative powers of theRepublic to Parliament. The law making process
of Bangladesh parliament is initiated primarily by the Member of Parliaments
(MPs) submitting a notice to parliament secretary for seeking permission to
raise a bill. Subsequently, crossing various stages, it passes by the
parliament as a law and ends with the ascent of the President. After following
various stages and long procedure, the bill turn into law and publishes
officially as a Gazette. The broadcasting policy 2014 is a recent example of
new law, it has maintain many process in the parliament. This article is
intended to explain theprocedural aspect of law making of broadcasting policy
in Bangladesh.
Problem statement:
The role of ruling and opposition party in the policy making
process in the parliament of Bangladesh: A study on broadcasting policy-2014.
Review of Literature:
There has no specific research and article conducted on law making
process of broadcasting policy. But a small number of studies have been
conducted on law making process in the parliament of Bangladesh. In the article “law making process in Bangladesh
parliament”Saleh Abu (2013) studies the law process making of the parliament
and discusses the steps of the law making process.[1]
“National Broadcast Policy-2013, (For Stakeholders and Mass People
Comments)” a draft of broadcasting policy which discusses the role of mass
media and government’s role and policy about the mass media.[2]
Gazette National Broadcasting Policy-2014 published from
Information ministry which elaborately explain the motive of broadcasting
policy. This gazette help me to understand the national broadcasting-2014.[3]
Objective of the study:
Ø To know the law making process of broadcasting policy in parliament
of Bangladesh.
Ø To Identify the role of ruling and opposition party to make a
policy in the parliament.
Ø To know about Broadcasting policy and the process to make it.
Research question:
1. How does the broadcasting
policy is passed in the parliament of Bangladesh?
2. Is opposition party can make any significantrole to make a
policy?
3. Is the broadcasting policy can facilitate to flourish the mass
media?
Scope of the study:
The
area of the study is the law making process of the parliament of Bangladesh.
Among all the policy making process this study only focus on the broadcasting
policy and the process of making this broadcasting policy.
Methodology of the study
Sources of data:
Most of the data are used from secondary sources. Secondary source
includes relevant books, journals, articles and relevant reports. Some
newspaper report helps me to prepare my study and the report published from the
some organization such as TIB, Human Right Organization provide me information
which facilitate me to make my study more informative and meaningful.
Limitation of the study:
There are some problem which I faced during the completion of the
study. These problems have comes towards me as the limitation of the study. The
limitation of the study as follows:
1.Time constraints are the main problem to complete the study.
2.
Lack of relevant data makes a limitation for me to prepare this study.
Conceptual Framework
Lawmaking:
Law makingprocess involves series of legislativeactivities that
have to follow certain specific procedures laid down by the houses’ standing
orders. Thecomplexity nature of law making calls for a lot of time thus much
time of the parliament is consumed in theprocess.
New law:
New law can replace the other related law. In the new law can be
included more new things than before and it can be added many things from the
old law. Recently government made few new laws, from these laws we can give an
example like Broadcasting Policy 2014.
Law Making Process in Bangladesh:
Among various functions of legislature, law making is a lengthy and
to some extend complexprocess. Ceremoniously it is initiated as a form of Bill
by the executive or individual member(for Private Bill) in the house. Before
submitting a Bill in theparliament, it follows some pre legislative procedure
like; drafting, policy development andcabinet approval .These all pre
legislative activities are involved in Pre Legislative Phase. Inthe house, a
Bill passes through three distinct stages which are known as Legislative Phase.[4]
In parliamentary parlance these three stages usually known as first
reading (the title of thebill is announced), second reading (discussion on the
principles of the bills takes place) andthird reading (motion is moved to pass
the bill) respectively (Jahan and Amundsen, 2012).[5]
Anew stage in the
legislative phase, called the committee stage, is also now frequently
referredto in many parliaments. This stage came into existence in Bangladesh
when the seventhparliament set up a special committee, composed of members
belonging to both ruling andopposition parties, to review all bills referred to
the JS (Ahmed, 2002).[6]
There is a anotherphase named Post Legislative Phase which involve
the ascent of President and the publicationof gazette notification. Considering
the above mentioned procedures it is seen that the lawmaking process of
Bangladesh devised into three broad phases:
1.
Pre Legislative
Phase,
2.
Legislative
Phase and
3.
Post
Legislative Phase.[7]
Steps of law making:
There are many things to make a law but in my written article I
mentioned only the usualprocesses.
·
Ministerial
decision: It’s the first step of law making
because when the ministry feelsany problem in his/her sector at that time
he/she wants to make a new law or amendingan act. Therefore he has to make an
agenda.
·
Cabinet for
approval of proposal: After that the
ministry presents the agenda to thecabinet meeting and they are discussing
about, what should include? Or what is theproblem in there? Then cabinet
approved it and gives order for making a draft(Saleh Abu,2013).[8]
·
Draft law: By following cabinet orders ministry makes a draft for this law. I
think draft,which added the cabinet directions.
·
Cabinet: Then ministry presents it to the cabinet and the cabinet revises it
if there is noproblem then gives the permission to send the draft to the press
for publication.
·
Bill for
presenting in parliament: At this stage
in this draft should be added, why thislaw or amend needed and what will justification.
After that it becomes a bill.
·
Discussion in
parliament: There are three steps in here, 1st
reading, 2nd reading and 3rdreading.
1st reading: It’s the time
of bill issue in parliament. In the 1st reading parliament provides the copy of
bill to every parliament member.
2nd reading: The parliament
sends it to the parliament standing committee. If they want tochange or
recommend anything they can do it. In this stage they can call the law expert
and they can consult with them. After that committee send back the bill to the
parliament.
3rd reading: Then the
parliament decides about recommend of parliament standing committeeEither parliament accepts it or ignores it(Saleh Abu,2013).[9]
·
Parliament
passes the law: Then parliament
passes the bill by permitting majorityparliament member.
·
President: After that it sent to the president for his assent. After assenting
it becomeslaw. If president wants to change something he returns it and request
to the parliament.Parliament can send it for the second time with change or no
change. President should beassigned it within 15 days. If he doesn’t do it, it
will be permitted automatically as a law.When the president has assented, or is deemed to have assented to a
Bill passed by the parliament it shall become law and shall be called an act of
parliament. (Saleh Abu,2013).[10]
A private
Member’s Bill is one promotedby an Individual Member of Parliament (MP) from
any political party, as opposed to thegovernment or, alternatively a matter
which the government has been unable to fit into itslegislative program but
will subsequently adopt and provide time and support for the passageof the Bill
(Barnett, 2006).
National Broadcasting policy 2014 of Bangladesh:
Bangladesh cabinet approved the National Broadcasting Policy 2014
on 04 August 2014 to monitoring news, programs, advertisement, talk-show in the
television and Radio. Electronic media cannot broadcast any false, baseless
information, in their news and programs.Cabinet Secretary Musharraf Hossain
said the National Broadcasting Policy was made to ensure freedom of speech,
free flow of information, social responsibilities, and flourishing independent
mass media. The National Broadcasting Policy 2014 of Bangladesh will implement
through an independent broadcasting commission. The Independent broadcasting
commission of Bangladesh would form within short time, cabinet secretary said(Gazette
of national broadcasting policy,2014).
Prime Minister Bangladesh Defends National Broadcasting Policy 2014
Bangladesh PM has defended the national broadcasting policy saying the decision
to make a media guideline and the broadcasting policy was not made in a day.
She said that it was put on the government website and was amended according to
the people suggestion. Sheikh Hasina said that her government would not have
opened up the media to the Private Sector if her government did not believe in
the freedom of the press.[11]
The National broadcasting Policy 2014 of Bangladesh restricts the followings in
News and Programs :
v Ridiculing the national ideas and objectives,
v Undermining any people
v Harm the unity and independent of Bangladesh
v Spark Separatism and unrest
v Create hatred amount different castes, creeds and religions
v Personal privacy,
v Impede the state security
v Hurt religious values and non-communal spirit
v News on any country which would be harmful to other countries
v Encourage mutiny, anarchy and violent acts
v Inspire corruption directly or indirectly
v Ridiculing the Armed Forces and the law-enforcement agencies.[12]
The National broadcasting Policy 2014 of Bangladesh restricts the
followings in Advertisement :
v Advertising company will have to restructure significantly to
follow the policy, which bans direct or indirect inclusion of the Liberation
War, the Language Movement and the Independence Day.
v Cannot broadcast any advertisement without obtaining clearance
certificate
v Nationally important establishments of Bangladesh such as: Parliament building, Prime Minister’s Office,
President Office-Cum Residence Bangabhaban, court, cantonment, ShaheedMinar and
the national mausoleum cannot be shown in advertisement.
v Professional advice should be avoided in advertisement
v Advice & identity of doctors cannot be used in advertisement of
medicines and healthcare products
v Health and sexual health products cannot be aired(Gazette of
National Broadcasting Policy,2014).[13]
Data analysis and findings
Law making process of broadcasting policy:
There are many things to make a law but in my written article I
mentioned only the usual processes.
·
Ministerial
decision: It’s the first step of law making
because when the ministry feels any problem in his/her sector. When ministry
feels the demands and needs of the people, administrator make a framework by
their technical skill, knowledge and experience.
The ministry of
information makes a policy framework in 2011 for reviewing the broadcasting
policy[14]
Cabinet for
approval of proposal: After the
making of the framework of broadcasting policy the ministry presents the agenda
of broadcasting to the cabinet meeting
and they are discussing about, what should include? Or what is the problem in
there? Free flow of information, flourishing independent mass media, freedom of
speech is main aspect of this policy. Then cabinet approved it and gives order
for making a draft.
·
Draft law: By following cabinet orders ministry makes a draft for this law. To
make draft of national broadcasting policy the government make a committee
consists of 16 members in 1st November 2012. This committee includes
reporters and journalists of print and electronic media, university teachers, representatives
of NGOs, representatives of law ministry and representatives of information
ministry. They make the draft by examining and researching the nearest
country’s policy.[15]
Draft of the
broadcast policy was published in the website for the mass people on 5thSeptember
2013 to collect the opinion of the people. It was presented on the website
until 21days.Association of TV channel warns article- 19, TIB, NGO Network for
communication, Computer Shomiteand different and newspaper give their opinion.
·
Cabinet: Then ministry presents it to the cabinet and the cabinet revises
it. On 12th June 2014 this draft has been send to the parliamentary
standing committee of information ministry. Cabinet standing committee was
examine the draft and recommended this policy by considering some issues.
·
When people know about this policy opposition
party and mass media reject it. Mass media called it will curtail the freedom
of mass media and restrict the flow of information.
·
Bill for
presenting in parliament: At this stage
in this the draft of broadcasting policy should be added, why this policy
needed and what will justification. Government want to revise broadcasting
policy to monitor the broadcast to telecast false news and give them some new
laws and regulation After that it becomes a bill.
·
Discussion in
parliament: After that bill issue in
parliament. In the 1st reading parliament provides the copy of bill to
every parliament member. Every members of parliament in respective of ruling
and opposition party have the right to read the broadcasting policy bill.
2nd reading: The parliament
send it to the parliament standing committee. If they want to change or
recommend anything they can do it. In this stage they can call the law expert
and they can consult with them. After that committee send back the bill to the
parliament. Parliamentary standing committee enrich the broadcasting policy
act.
3rd reading: Then the
parliament decides about recommend of parliament standing committee. After that
by the rules of business- 1996, by considering the opinion of Ministry of Public
Administration, Telecommunication Department, Finance Departmentthe draft of
Broadcasting policy was submitted to the cabinet on 04th August
2014.[16]
·
Parliament
passes the law: Opposition party opposed this policy but this policy get majority
vote by the ruling party. Then parliament passes the bill by permitting
majority of parliament member.
President: After that it
sent to the president for his assent. After assenting it becomes law. President
approved iton 4th August 2014 without any change and it becomes
broadcasting policy 2014. [17]
BNP reaction on National Broadcast Policy 2014:
BNP could not raise their voice in the parliament about
broadcasting policy because of their minority of seat in the parliament.Dr.
Mayeen Khan, Standing Committee Member of Bangladesh Nationalist Party (BNP)
said National Broadcasting Policy 2014 a black law to control media. BNP’s
official reaction on the much talked National Broadcasting Policy 2014 in a
press conference in Gulshan office of BNP Chairperson on August 5, 2014. BNP
demanded cancellation of Bangladesh National Broadcasting Policy 2014. [18]
Journalist reaction:
Journalists Protest against National Broadcasting Policy of
Bangladesh A section of Journalists of Bangladesh demonstrated in front of
National Press Club on August 5, 2014 for cancellation of National Broadcasting
Policy 2014. Association of Television Channel Owners (ATCO) wants independent
broadcasting commission ATCO urges the government not to implement National
Broadcasting Policy 2014 until broadcasting commission is formed.[19]
Gazette
of broadcasting policy:
The information ministry has issued the gazette notification of the
National Broadcast Policy 2014 on Thursday on August 06.The information
ministry Senior Assistant Secretary AkhtaruzzmanTalukder has signed the gazette
notification.
On Tuesday, journalist leaders have claimed they have been betrayed
with the recent Broadcast Policy-2014.On the same day, BNP has called upon the
government to cancel the newly approved national broadcast policy.On Monday,
the cabinet gave its final approval to the draft of National Broadcasting
Policy.
Conclusion:
In Bangladesh it is seen an increasing tendency to make law through
ordinance in variousparliament which undermined the importance of the
parliament. Besides there is a very little opportunity to introduce Private
member Bills in the parliament as it is controlled and, in some cases
discouraged in the name of party discipline. Even when the Private member Bills
were introduced, there are very few examples of this crossed various stages and
become law.
Most of the Law making process of Bangladesh serve the interest of
ruling party as like broadcasting policy. Government makes some effective rules
and regulation for flourishing the print and satellite media. On the other hand
in some cases it serve the interest of ruling party. Law should be made which
establish and ensure the right of the people and the citizen of the country. It
is necessary to ensure the right of the people to collect all Information
without any restriction and protection. So government should make information
available to the citizen.
Recommendation:
Based
on the above discussion it is clear that broadcasting policy 2014 is an
effective policy whichensure freedom
of speech, free flow of information, social responsibilities, and flourishing
independent mass media.
Mass media is the main interest group of this policy, theyare
directly involved with the broadcasting policy. But Government did not consult
with this type of interest group and take policy without the consideration of
their interestand demand. Government should consult directly with the member of
journalist association and reflect their opinion and consultation as soon as
possible in the broadcasting policy.
Freedom of speech, free flow of information, social
responsibilities, and flourishing independent mass media are the main
objectives of this policy And these will implement through an independent
broadcasting commission. An independent broadcasting commission is an
independent body of the government but it will be liable to the government.
This commission will work freely in their area but this commission was not
formed still now. It is necessary to form an independent broadcasting
commission to properly implement the policy.
Opposition party is one of
the main machinery of the government which
positively or negatively judge the government’s work. But in the broadcasting
policy opposition party’s opinion could not consider. Government could not
accept any consultation from them. It makes a negative impact on the policy.
Government should accept the view and opinion from opposition party.
Civil society is one of the most important actors of this policy.
The viewsand assessment of civil society makes a policy more enrich. But civil
society’s opinion could not reflect in the broadcasting policy. It is necessary
to the government to reflect the opinion of the civil society in the
broadcasting policy.
Reference:
1.Saleh
Abu.(June,2013).“law making process in Bangladesh
parliament”http://www.researchgate.net/publication/271437020.
2.Bangladesh
Gazette.(August 6,2014).Peoples Republic of Bangladesh. Information Ministry.
3.Natun News, (05th August
, 2014), http://natunnews24.com
4. Amar Desh(10
June, 2015)
6. The daily Star (24.10.2011)
[2]National
Broadcast Policy (2013) Draft. People’s Republic of Bangladesh.
[3]Gazette
National Broadcasting Policy (2014). People’s Republic of Bangladesh.
[11]Natun
News, (1st, August, 2014), http://natunnews24.com
[13]http://www.rapidtvnews.com/2011100215704/criticism-mounts-for-bangladeshi-broadcasting-policy.
[14]The
daily Star (24.10.2011)
[15]Amar
Desh (01.06.2012)
[16]Natun
News, (05th August , 2014), http://natunnews24.com
[17]Natun
News, (o6th August, 2014), http://natunnews24.com
[18]Natun
News, (o8th August, 2014), http://natunnews24.com
[19]
Amar Desh(10 June, 2015)
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