Freedom of expression is a human right which is recognised by the constitution of many countries of the world. The constitution guaranteed freedom of speech and expression for the every citizen of Bangladesh[i]. It also guaranteed freedom of press[ii].These rights are appreciated and inserted in Part III of the constitution and recognised as fundamental rights. Consequently, if any person or institution thinks his/its freedom has been contravened might get legal remedy by way of writ petition.[iii]

It is to be noted freedom of expression and freedom of press are not absolute rights. The constitution empowered government to impose reasonable restriction 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 offence.[iv]

Media has been playing a significant role to promote real democracy and rule of law in Bangladesh. Recently the opposition leader alleged the government hindered certain TV Channels to broadcast live program of BNP and it’s allied on 12^th March. Apparently the freedom of press and expression has been contravened and the government should not interfere in freedom of press. However, ensuring State security is the supreme duty of of the government.

The gathering of BNP was completed without any worst fatalities. The government should get the credit to keep the situation in control and to provide security to the opposition leader. We are lucky as we have not witnessed any unexpected incident.

Imposing restriction on certain TV Channels to broadcast BNP’s program raised the question of reasonableness. In the point of law the government used Art.39 (2) to impose reasonable restriction in the interests of the security of the State. The term security of the State is very wide and vague but very significant in law. It would be better to imposed reasonable restrictions to ensure security of the people rather than allowing everyone to exercise Art 39. From morality point, how far it was justified to create an obstacle in broadcasting BNP’s gathering? We are living in the digital world where news spread worldwide within a click. So, it is nothing but a moral defeat which decreases political reputation.

Freedom of expression does not necessarily means you can say whatever you want. However, in a democratic society freedom of thought, expression and freedom of press are the important elements in promoting rule of law. The electronic media in Bangladesh working as a shadow parliament where general people, experts in politics and laws are expressing their views about current politics, laws or any other issues and raising public awareness.

Being a signatory State of the Universal Declaration of Human Rights there is a moral duty to interpret the term the freedom of expression and press maintain the purposive approach of interpretation. According to the Universal Declaration of Human Rights, “everyone has the right to freedom of opinion and expression, and to seek, receive and impart information through any media and regardless of frontiers.

The Universal Declaration of Human Rights considered so significantly that the term freedom of speech inserted in its Preamble specifically as: “…human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people.”[v]

It is believed that for the betterment of democracy and rule of law freedom of expression should be enjoyed without fear or favor to any political affiliation.

The writer is an LL.M from Liverpool John Moores University is a lawyer and a regular contributor to the Law & Human Rights