National

Draft broadcasting law to put media behind bars, hit pockets

The government is preparing to introduce a sweeping new legal framework that could significantly tighten state control over Bangladesh’s broadcasting and digital media landscape, with proposed penalties including prison sentences and multimillion-taka fines for violations such as disobeying government directives, airing unauthorised content, or disclosing sensitive information.

Under the draft Broadcasting Commission Ordinance 2026, the government plans to establish a powerful Broadcasting Commission tasked with regulating public and private broadcasters, setting content standards, and overseeing compliance across television, radio, OTT platforms, streaming services, and commercial online media. The Ministry of Information and Broadcasting has circulated the draft for stakeholder feedback, but critics warn the law could expand executive influence over media operations at a time of heightened political sensitivity.

The proposed ordinance dramatically broadens the definition of broadcasting, bringing terrestrial, satellite and cable television, radio, IP TV, DTH services, FM and community radio, OTT platforms, video-on-demand services, and commercial infotainment portals under regulatory oversight. While personal social media posts and amateur content are technically excluded, the expansion into online commercial content has raised concerns among digital media operators about potential overreach and content control.

At the core of the draft are tough punitive measures aimed at enforcing compliance. Broadcasting without a license or ignoring the Commission’s recommendations could lead to imprisonment of up to three years, fines ranging from Tk 10 lakh to Tk 50 lakh, or both. Broadcasters that fail to follow government instructions on matters deemed related to national interest or public welfare could face financial penalties, signalling an expanded legal basis for state intervention in editorial decisions.

The ordinance also targets the unauthorised import and use of broadcasting equipment, proposing jail terms of up to three years and fines of up to Tk 20 lakh. Even more politically charged is the provision criminalising the dissemination of confidential military or civilian information that could affect national security, public safety, or public order, with offenders facing up to two years in prison or fines reaching Tk 10 lakh. Media freedom advocates caution that the vague wording of these clauses could allow authorities to suppress investigative reporting or sensitive political coverage.

Advertising content is another major focus of the draft law. Broadcasters and advertisers could face prison sentences or fines for airing misleading or unauthorised advertisements related to financial institutions, gambling, tobacco, alcohol, or other deceptive commercial content. Additionally, the ordinance proposes criminal penalties for using images of state-protected installations such as the National Parliament Building, the Prime Minister’s Office, the President’s Office, the Secretariat, courts, cantonments, or KPI-listed institutions in commercial promotions, reinforcing the state’s control over national symbols and sensitive sites.

All fines imposed under the proposed law would be collected under the Public Demand Recovery Act of 1913, strengthening the government’s ability to enforce financial penalties.

To enforce the ordinance, the government plans to establish one or more Broadcasting Tribunals, each led by a district or sessions judge. These tribunals would handle cases arising under the law, with a mandate to conclude trials within 90 working days of charge sheet submission. Officials argue this will ensure swift justice, but sceptics question whether the fast-track mechanism could compromise due process in politically sensitive cases.

The draft also outlines the formation of a five-member Broadcasting Commission, consisting of a Chairman and four Commissioners, with at least one woman required on the panel. A selection committee made up of top bureaucrats and broadcasting sector experts would recommend candidates, from which the government would make final appointments for four-year terms. Commission members would be barred from holding other profit-based positions or engaging in media-related business, though critics argue the appointment process could still leave room for political influence.

Once established, the Commission would wield sweeping authority over the media sector. Its responsibilities would include recommending broadcasting licenses, drafting codes of conduct, setting standard operating procedures, monitoring compliance, and coordinating technical matters with the Bangladesh Telecommunication Regulatory Commission. The body would have the power to issue fines, revise broadcasting orders, suspend or cancel licenses, resolve audience complaints, mediate disputes between broadcasters and content providers, inspect institutions, and collect digital evidence when necessary.

Some Commission decisions could be appealed to the government, but the draft makes clear that the government’s ruling on such appeals would be final, effectively consolidating ultimate authority within the executive branch.

The proposed ordinance represents one of the most ambitious attempts in recent years to restructure media regulation in Bangladesh. Supporters argue it is necessary to bring discipline, professionalism, and accountability to a rapidly evolving broadcasting and digital ecosystem.