Journalism plays a crucial role in contemporary society by providing essential information, fostering transparency, and holding power to accountability. The interplay of law and ethics is vital in developing journalistic practices and preserving public trust in the ever-changing world of a fast-growing media environment. Media law and ethics encompass a wide range of issues, from freedom of speech and press regulations to the moral obligations of journalists in their pursuit of truth. As journalists and media professionals, it is paramount to understand the delicate balance between freedom of expression and the legal boundaries that govern it. Journalists and media professionals operate under a unique set of guidelines that balance legal obligations with ethical responsibilities, ensuring that the information disseminated to the public is both accurate and fair.
Bangladeshs media landscape is shaped by a combination of historical influences and contemporary legal frameworks. At the heart of media freedom in Bangladesh lies Article 39 of the Constitution, which guarantees the freedom of thought, conscience, and speech. This foundational right sets the stage for a media environment that is free to express diverse opinions and disseminate information without undue interference. Section 39 of the constitution of the Peoples Republic of Bangladesh states in article 39: (1) Freedom of thought and conscience is guaranteed. (2) Subject to any reasonable restrictions imposed by law in the interests of the security 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 offense- (a) the right of every citizen to freedom of speech and expression, and (b) freedom of the press are guaranteed.
However, this freedom is not absolute. What is meant by reasonable restriction is not clearly mentioned in constitution but set out by various legislations. Various laws and regulations have been enacted to guide the medias operation within legal boundaries. For instance, the Defiance of Pakistan Ordinance of 1965, although a relic of the pre-independence era, had set a precedent for restricting press freedom, which has evolved over time.
The Cyber Security Act, 2023 in Bangladesh was enacted to replace the previous Digital Security Act, 2018 which had several sections that directly impact journalistic freedom and the operation of media entities within the country. For instance, section 21 deals with the punishment for propaganda against the Liberation War, the spirit of the Liberation War, the national anthem, or the national flag. But what constitute propaganda is not clearly mentioned in the section.
But The Editors Council and other media organizations have expressed concerns that the new law does not sufficiently address the issues that plagued the DSA. They argue that the act still lacks clear definitions for cybercrimes and provides excessive powers to law enforcement agencies, potentially leading to arbitrary applications of the law.
While law provides the legal boundaries, ethics are the moral principles that guide media professionals in their work. Ethical journalism is about more than just avoiding legal pitfalls; its about commitment to truth, accuracy, fairness, and accountability. Media ethics call for journalists to verify their sources, avoid conflicts of interest, and resist sensationalism. The Society of Professional Journalists Code of Ethics, for example, urges journalists to "seek truth and report it," "minimize harm," "act independently," and "be accountable and transparent."
One of the most fundamental ethical dilemmas facing media professionals is the tension between the publics right to know and individuals right to privacy. While the public interest may justify the disclosure of certain unformatted information, journalists must weigh this against the potential harm it could cause to individuals reputations or safety. Striking the right balance often requires careful consideration of the context, relevance, and sensitivity of the information involved.
The growth of digital media has presented new issues for media law and ethics. The internet has made it easier to distribute misinformation quickly, and social media platforms have blurred the distinction between traditional journalism and user-generated content. The global nature of the internet raises complex jurisdictional issues. A piece of content published online can be accessed almost anywhere in the world, which means media practitioners must navigate a patchwork of international laws and regulations.
Media professionals must navigate these complexities with a strong ethical compass and a thorough understanding of media law. They must ask themselves tough questions: Is this story in the public interest? Have all efforts been made to verify the information? Does it infringe on someones privacy or rights? The answers to these questions are seldom black and white, but they are essential to maintaining the integrity of the media.
To maintain the delicate balance between law and ethics, continuous education and dialogue among media professionals are essential. Media organizations should invest in training programmes that keep staff updated on legal developments and ethical standards. Furthermore, self-regulation through codes of conduct and ethics committees can help media outlets police themselves, fostering a culture of responsibility and integrity.
The writer is a student Department of Law, The World University of Bangladesh and a news presenter at Maasranga Television
