Transparency International Bangladesh (TIB) has demanded that the draft policy titled ‘Regulation for Digital, Social Media and OTT Platforms 2021’ be in conflict with the constitution. Their claim is that once it is finalized, a surveillance system will be set up. This is in conflict with Digital Bangladesh.
At a virtual press conference on Sunday (April 3), TIB gave such an opinion on the draft law. TIB Director (Outreach and Communication) Sheikh Muhammad Manzoor E-Alam delivered the keynote address at the press conference.
At this time, the Executive Director of TIB. Iftekharuzzaman said that many people will become self-censored in the punishment provided in the draft. It’s like cutting off a head if it’s actually a headache. This is in conflict with Digital Bangladesh.
According to TIB, the main purpose of the draft policy will be to control and monitor the content of digital media, social media and OTT (over the top) platforms. Section 1 (3) states that this will apply primarily to “Internet-based service providers” who will provide online content, services or various application support.
However, the draft policy does not specifically define terms such as ‘Internet-based service providers’, ‘services’ or ‘applications’. As a result, its application will have to depend on the will of those concerned.
In addition, there is no specific reference to agreements or collaborations with foreign-owned or service-providing organizations or institutions located outside the geographical boundaries of Bangladesh, but there are indications of the inclusion of similar foreign platforms, organizations and institutions as areas of application of the policy.
As a result, the ambiguity of the policy and the possibility of its widespread use will create uncertainty for service providers outside the country.
Pursuant to Section 1 (2), the policy will be deemed to be effective from the day it is published on the website of Bangladesh Telecommunication Regulatory Commission -BTRC.
Section 99 of the Bangladesh Telecommunication Control Act-2001 (Act 2001) states that BTRC may, if necessary, formulate policies on relevant matters subject to (1) the prior permission of the Government and (2) by issuing notifications. Since the draft policy has been prepared under the direction of the High Court Division of the Supreme Court, the High Court’s permission is binding on the policy to be effective.
And the policy should be given at least two years to be implemented effectively. So that the concerned organizations are able to bring necessary changes in their internal policies, processes and procedures. Moreover, the said time is also important for the internal preparation and modernization of the BTRC for the effective implementation of the policy.
According to the organization, the purpose described in Section 3 has more in common with conventional telecommunications and broadcasting than with the Internet or online. However, the process and manner in which content is served online is in no way similar to that of conventional telecommunications or broadcast media.
This is also reflected in sections 4 and 5A of the draft policy. This is because the objectives of the policy and the prerequisites for registration given in section two are mainly applicable to the conventional telecommunication service providers (Internet service providers and mobile network operators).
Draft Digital Media Regulations – The requirements for the registration certificate of an ‘online service provider’ company or organization in the Digital Draft Policy are based on experience in controlling conventional telecommunications media. And also, under the law like Pornography Control Act-2012 and Penal Code-160.
