The Editors’ Council has called for mandatory court approval before journalists can be arrested, searched, have their digital devices seized, or be placed under surveillance under the proposed Cyber Security (Amendment) Act.
The organization has made 12 recommendations, including requiring court approval within 48 hours if any news report or digital content is urgently blocked, as well as protecting the confidentiality of journalists’ sources.
The recommendations were outlined in a statement issued on Sunday and signed by Editors’ Council President Nurul Kabir and General Secretary Dewan Hanif Mahmud.
The statement said the recommendations had been submitted to the office of Chief Information Officer Syed Abdal Ahmed for forwarding to the Information and Broadcasting Minister.
The Editors’ Council said the proposed law had not yet been finalized. It stressed that, alongside effective measures against cybercrime, the law must ensure the protection of independent journalism, public-interest
reporting and lawful freedom of expression.
The council’s 12 recommendations are as follows:
1. Protect public-interest journalism and freedom of expression
News reports, investigative journalism, analysis and opinion published in the public interest must not be classified as cybercrimes solely because of their content or critical stance. No one should be criminalized for political criticism, satire, cartoons, parody, consumer complaints or inadvertent errors. Offences related to freedom of expression must not be classified as non-bailable.
2. Require court approval before taking action against journalists
Court approval must be obtained before the arrest, search, seizure or surveillance of a journalist in connection with allegations directly related to their professional activities. If an exception is made in an emergency, judicial approval or review must be mandatory within 48 hours. Such cases should also remain bailable.
3. Clearly define misinformation, disinformation and rumours
Misinformation, disinformation and rumours must be defined separately. Information that is incorrect, incomplete or unverified must not be treated as a criminal offence solely on those grounds. The recommendation also calls for clear definitions of vaguely worded offences, including bullying, defamation and sexual harassment.
4. Provide legal protection for investigative journalism
Legal safeguards must be established for investigative journalism concerning matters of public interest, including corruption, abuse of power, financial irregularities, environmental damage, public health, consumer rights and government expenditure.
5. Protect criticism of the government and state institutions
Criticism of the government, state institutions, public officials, elected representatives or government policies must not be treated as a cybercrime. The council also called for the removal of vague phrases such as “bringing the state into disrepute” and for clear definitions of concepts such as threats to state security and damage to relations with foreign countries.
6. Establish safeguards for removing or blocking online content
The removal of or restrictions on online news reports, posts, videos or other content must be based on specific legal grounds, with written reasons provided. Except in emergencies, the parties concerned must be given an opportunity to present their views, and every order must be subject to appeal.
If content is blocked urgently, judicial review must be ensured within 48 hours. Information about blocking or removing content must also be made public.
7. Refer online defamation complaints to the Press Council
Online defamation complaints should be referred to the Press Council rather than treated as new and more severe cybercrime offences.
8. Keep journalism-related cases out of mobile courts and executive adjudication
Complaints relating to news publication, freedom of expression or defamation should not be adjudicated through mobile courts or by executive authorities.
9. Prevent disproportionate punishment of media organizations
An entire media outlet must not be shut down, its registration cancelled, or the organization subjected to disproportionate punishment over a single report. The council also recommended bringing such matters under the jurisdiction of the Press Council.
10. Protect the confidentiality of journalists’ sources
The confidentiality of journalists’ sources must be guaranteed. No journalist should be compelled to disclose the identity of a source.
11. Modernize the Press Council’s complaint-resolution process
In disputes involving professional journalistic conduct, ethics or news publication, the Press Council’s complaint-resolution mechanism should be used first, where appropriate, instead of immediately initiating criminal proceedings. To this end, the council recommended modernizing the Press Council’s operations to include digital news media.
12. Ensure independent oversight and accountability
The National Cyber Security Council must operate with independent oversight and accountability. It should include individuals with expertise in cybersecurity, law, human rights and the media.
The council must also oversee the activities of agencies exercising powers related to investigations, arrests, searches and content removal.
The Editors’ Council emphasized that cybersecurity, cybercrime and digital journalism are distinct issues. It warned that unless the proposed law clearly distinguishes between these areas, it could undermine independent journalism.
The organization called for the proposed legislation to be reconsidered after taking the views of all relevant stakeholders into account.
>>Bernard Priyam, AA
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