Freedom of Expression in Bangladesh Constitution

Freedom of expression is the political right to communicate one's opinions and ideas using one's body and property to anyone who is willing to receive them. .It includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used. In practice, the right to freedom of speech is not absolute in any country and the right is commonly subject to limitations with libel, slander, obscenity, sedition (including, for example inciting ethnic hatred), copyright violation, revelation of information that is classified or otherwise.

The right to freedom of expression is recognized as a human right under Article 19 of the Universal Declaration of Human Rights and recognized in international human rights law in the International Covenant on Civil and Political Rights (ICCPR). Article 19 of the ICCPR states that "everyone shall have the right to hold opinions without interference" and "everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice". Article 19 goes on to say that the exercise of these rights carries "special duties and responsibilities" and may "therefore be subject to certain restrictions" when necessary "[f]or respect of the rights or reputation of others" or "[f]or the protection of national security or of public order (order public), or of public health or morals". [1][2]

Freedom of speech may be legally curtailed in some religious legal systems and in secular jurisdictions where it is found to cause religious offense, such as the British Racial and Religious Hatred Act 2006.

Freedom of Expression in Bangladesh Constitution:

Constitution of the People's Republic of Bangladesh ensured freedom of speech and expression. In the article 39 (1, 2) of chapter-3 of this constitution these have been stated:

39 (1) Freedom of thought and conscience is guaranteed. Freedom of thought and conscience, and of speech 
39 (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 of freedom of speech and expression; 
(b) freedom of the press, are guaranteed. 

Some reasonable restrictions found in these articles are as follows- 

(a) Against the interest of security of the State 
(b) Against the friendly relation with foreign state 
(c) Violation of public order 
(d) Violation of decency or morality 
(e) Anything related to contempt of court 
(f) Defamation or incitement to any offense 

A simple look into the points of the constitutional authority vividly frames how the freedom are shackled. The very word ‘subject to reasonable restrictions’ makes the sketch where the authority can intervene in the rights and freedom.

Since the authority can put the ‘reasonable’ restrictions, there is no guarantee to the freedom. History repeats the arbitrary powers always loom to establish supreme authority. If anything goes against the authority, that specific case could be labelled as ‘reasonable’ and could be restricted without much difficulty since the constitution itself guarantees the rights to ‘restrict’. The most serious case of the concern is that the approach of restriction is not mentioned in the constitution. So the authority gets the opportunity to define the ‘reasonable’ ways of ‘restriction’. As the fourth pillar of the state press is pressed here and other three pillars, the executive branch, parliament and the judiciary can exercise their supreme authority without check and balance.

The fourth pillar of the state, the press, in the constitution of Bangladesh is not only ignored but also subjected to face the suppression of the constitutional pillar.

References

1.       Article 19 of the International Covenant on Civil and Political Rights, Office of the United Nations High Commissioner for Human Rights, adopted and opened for signature, ratification and accession by UN General Assembly resolution 2200A (XXI) of 16 December 1966, entry into force 23 March 1976

2.       "Using Courts to Enforce the Free Speech Provisions of the International Covenant on Civil and Political Rights", Ambika Kumar, Chicago Journal of International Law, Vol. 7, No. 1 (Summer 2006). 

3.      http://www.banglarights.net/constitutional_hr_1.php

4.      http://freedomofpresses.wordpress.com/2012/04/30/bangladesh-constitution-confiscates-freedom-of-the-presses-11/