Journalists
Article 39 of the Constitution:
It is worthwhile to mention that Article 39 of the Constitution has guaranteed freedom of thought and conscience. More specifically, Article 39 (2)(b) has clearly mentioned about the term of ‘freedom of the press’. Furthermore, Article 39 of the People’s Republic of Bangladesh guarantees freedom of press and the right of every citizen to freedom of speech and expression subject to certain exceptions. That such exceptions are namely (i) in the interests of the security of the State, (ii) friendly relations with foreign states, (iii) public order, decency or morality, or (iv) in relation to contempt of court, (v) defamation or (vi) incitement to an offence. Apart from the above, investigative journalism is the necessary corollary of such freedom. In a democracy, there should be an efficient and fearless press to act as watchdog of democracy: Investigation by a journalist includes research, gathering information from different sources, observation and due diligence. In doing so, the journalists act as the fourth pillar of democracy and consequently, serve the nation. They are the part and parcel of a democratic process. In a modern world, right to information is being treated as one of the pre-conditions for expression of opinion. Journalists act as helping hands for ensuring rule of law and democracy which have been recognized as the basic structure of the Constitution. They work as watchdogs and in appropriate situation; they ventilate information not to undermine any person but to serve the cause of justice. In a democracy, there should be an efficient and fearless press to act as watchdog of democracy. Newspapers make people aware of every field of society. In the present age, corruption is present in all walks of life. Newspapers play an important role in highlighting the menace of corruption and thereby the people are made aware of the corrupt practices if any prevalent in various state-run departments, organisations, agencies and private organisations. (Para-38)
The media and the journalists are constitutionally and legally authorised to publish news reports on corruption and corrupted practices: Corruption is an insidious plague that has a wide range of corrosive effects on societies. It undermines democracy and the rule of law, leads to violations of human rights, distorts markets, erodes the quality of life and allows organized crime, terrorism and other threats to human security to flourish. Under the aforesaid discussions, our considered view is that the media and the journalists are constitutionally and legally authorised to publish news reports on corruption and corrupted practices along with money laundering if any including other important news on the matters of public interest. (Para-38)
Section 2(5) of the Public-interest Information Disclosure Act (Provide Protection), 2011:
Section 2(5) of the Public-interest Information Disclosure Act (Provide Protection), 2011, provides that “whistleblower” means the person who discloses the public interest information to a competent authority, Section 4 of the aforesaid Act contemplates that any whistleblower can make public interest disclosure, if considered reasonable, to a competent authority and Section 5(1) of the aforesaid Act indicates that if any whistleblower discloses any authentic information under sub-section (1) of Section 4, his identity cannot be divulged without his consent.” (Para 40)
Section 2(4) of the Public-interest Information Disclosure Act (Provide Protection), 2011:
Protection of publisher/news agency: A reference to Section 2(4) of the Public-interest Information Disclosure Act (Provide Protection), 2011 and Rules, 2017 provide for protection of publisher/news agency of information of public interest relating to a) irregular and unauthorized use of public money; b) mismanagement of public resources; c) misappropriation or misuse of public money or resources; d) abuse of power or maladministration; e) committing criminal offense or illegal or prohibited acts; f) a conduct that is harmful or dangerous for public health, safety or to the environment; or; g) corruption. (Para 44)
Section 28B of the Anti-Corruption Commission Act, 2004:
Section 28B of the Anti-Corruption Commission Act, 2004 provides that no information given by any person about any offence under this Act and specified in its Schedule be admitted as an evidence in any civil or criminal court, or no witness shall be allowed or compelled to disclose name, address and identity of the informant, or cannot be allowed to present or disclose any information which discloses or may disclose the identity of the informant. Therefore, the required disclosure of the papers and documents by Respondent No. 02, at the prayer of ACC, may be violative of the above provision of the Anti-Corruption Commission Act, 2004 in view of the above statement of law and analogical reasoning as well. (Para 45)
So, under the above facts and circumstances and the propositions of law, we have no hesitation to hold the view that the laws have given protection to the journalists in not disclosing the source of information. (Para-48) [17 SCOB [2023] HCD 4]
Duty of Journalists
The journalists must
maintain the norms in publishing a news, particularly the news with regard to
the judiciary and they must be very careful in publishing the same. The State
Vs. Shafique Rehman, 17BLD (HCD)278
