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The Financial Express

BTRC urged to review draft rules on digital media

| Updated: March 12, 2022 20:40:50


BTRC urged to review draft rules on digital media

A coalition of 45 international organisations wrote to the Bangladesh Telecommunication Regulatory Commission (BTRC) to withdraw or review the proposed regulations for digital media, social media, and over-the-top (OTT) platforms.

In a statement, the coalition said the draft regulations would imperil people's freedom of expression and rights to privacy, while undermining encryption and weakening online safety.

The letter, addressed to the BTRC chairman and recently uploaded on website, said if enforced, the regulations would have a deleterious impact on human rights, and would put journalists, dissidents, activists and vulnerable communities, in particular, at greater risk.

The coalition urged the BTRC to protect people's rights and freedoms, and enable an open, free and secure internet in Bangladesh.

The draft regulations seek to implement a content governance framework - devoid of adequate judicial oversight clarity and predictability as well as integration of human rights and due process, the letter noted.

It also said the draft regulations are inconsistent with the international human rights framework, including the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR).

Further, they contravene widely-endorsed principles for content governance, rooted in international human rights standards, including the Manila Principles on Intermediary Liability and the Santa Clara Principles on Transparency and Accountability in Content Moderation.

The coalition noted that efforts by the telecommunication regulator to change regulations to address concerns over OTT services can have significant negative impacts on human rights as well as broader principles such as network neutrality, if done improperly.

The draft appears to mirror many of the provisions in the 'problematic' Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021 of India.

"The Indian rules are an example of a framework that hurts democracy, and must not be emulated."

The Indian regulations have been criticised for jeopardising human rights, with demands for withdrawal from many quarters. These are currently facing multiple legal challenges in the Indian courts, which have issued interim orders against the government not to enforce their significant portions.

"We respectfully call upon the BTRC to withdraw and reconsider the draft regulations, as they erode digital security and put human rights and freedoms at risk," the letter read.

"The BTRC must frame its consultation around the exact problems it wishes to address, and engage with stakeholders on what regulatory options are best suited to address those, rather than forcing through one, overbroad set of regulations," it added.

The signatory organisations include Access Now, Article 19, Internet Freedom Foundation, India, Digital Empowerment Foundation, India, Asian Forum for Human Rights and Development (FORUM-ASIA), PEN America, Business and Human Rights Resource Centre, Committee to Protect Journalists, Global Voices, Human Rights Watch, and Wikimedia Foundation.

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