BANGLADESH ENTERPRISE INSTITUTE

House # 20, Road # 5, Gulshan-1, Dhaka-1212, Bangladesh. Phone: 9892662-3, Fax: 9888583
E-mail: bei@bol-online.com; Website: www.bei-bd.org

A Policy Paper on

National Broadcasting Commission

Presented by

The Media Advocacy Group on

National Broadcasting Commission in Bangladesh

30 November 2007

Drafted by
SHAHAB ENAM KHAN
Project Director, BEI
 National Broadcasting Commission in Bangladesh  2 
 

National Broadcasting Commission in Bangladesh1

Introduction:

Necessity to establish a National Broadcasting Commission (NBC) has long been felt in
Bangladesh. Without any doubt, anyone can observe that the broadcasting is increasingly
becoming one of the most dynamic industries in Bangladesh. At the heart of the Wave lies
broadcasting programs. In the midst of rapid changes ranging from content development to
technological advancement, an NBC is required to serve the interests of the viewers in
Bangladesh. NBC’s raison d’être is to protect the rights of the viewers while providing
efficient services for broadcasters. The NBC should not be considered as an institution of ad
hoc and authoritative character but an authority responsible for facilitating and monitoring of
the establishment and operation of all broadcast media and services in Bangladesh for the
purpose of international, regional, national, and local or special target audiences. Therefore,
the principle aim of the NBC should be to facilitate the devolution of responsibility and power
to the grass roots by improving the access of the people to mass media at the local and
community level. This will eventually ensure accountability, transparency and good
governance by optimizing the free flow of information in Bangladesh.

1. Objective:

As a government authority responsible for the overall governance of the broadcasting sector,
the NBC may continue to do its utmost in promoting the broadcast industry while fulfilling
the needs of the viewers. In this regard, NBC may take over administrative functions such as
licensing and authorization of terrestrial broadcasters, cable broadcasters, satellite
broadcasters, and cable operators from the Ministry of Information. NBC may also enforce
regulation of broadcasting content, which are carried out by the Ministry of Information and
other directorates. The function of the Commission may be expanded to cover licensing,
authorization and regulation of satellite broadcasting as well as regulation of Internet
broadcasting content, areas that have no legal basis for implementation. In addition, the

                                                            
1
 Research methodology: This policy paper has been drafted on the basis of Asafuddowlah Commission Report of
1997, in consultation with the members of the MAG formed under the BEI project on ‘Facilitating Research and
Lobbying for Establishment of National Broadcasting Commission in Bangladesh’ and after examining the
experiences of India, Indonesia Malaysia, South Africa, Ireland, UK, Canada, Australia, Jamaica and Kenya where
National Broadcasting Commissions or Broadcasting Corporations exists. Equipped with such knowledge and
insight, interviews with concerned stakeholders and inter-personal communications with policy makers, a
comprehensive view on the nature, functions and popular expectations on NBC was obtained. In the process,
constraints and bottlenecks in the way of establishment of an NBC were identified. Such diagnosis led to the
formulation of a set of policy recommendations for establishing an efficient and pro-people NBC in Bangladesh.
 National Broadcasting Commission in Bangladesh  3 
 

Commission may have the right to nominate members for the board of directors and other
executive positions in public broadcasting corporations such as BTV and Bangladesh Betar.

More precisely, the Commission may undertake the following issues:

• NBC may be responsible for policy matters, including broadcasting policy-making

and operation and organization of broadcasting programs and advertisements;

• NBC may be mandated to authorize, recommend for licensing, registration and

revocation of licenses for cable broadcasters, satellite broadcasters, and radio
broadcasters;

• NBC may monitor the contents of broadcasting to ensure that the public
responsibility, impartiality and public interest of broadcasting is being maintained;

• NBC should have personnel management rights in public broadcasters and is able to
nominate executive officers, designate board of directors for BTV and Bangladesh
Betar, and appoint the auditors for itself and for BTV and Bangladesh Betar;

• NBC may undertake other duties including the efficient management of BTV and
Bangladesh Betar, collection, operation and management of the budgets for BTV and
Bangladesh Betar, settlement of viewer and listener complaints and carrying out
broadcasting surveys and research;

• As such, NBC should be a parent organization charged with looking after all matters
related to Bangladesh Television and Bangladesh Betar Acts of 2001;

• NBC may provide input and recommendation on any matter concerning the social
regulation of the broadcasting industry, including but not limited to industry policies,
codes and guidelines, standards and regulations, license conditions etc.

• From here to, NBC’s mission should be to establish a competitive, efficient and
increasingly self-regulating broadcast industry generating growth to meet the
economic and social needs of Bangladesh by ensuring:
 National Broadcasting Commission in Bangladesh  4 
 

o Consumers enjoy choice and a satisfactory level of services at affordable

prices;
o Transparent regulatory processes to facilitate fair competition and efficiency in
the industry;
o Regular consultation with consumers/viewers and service providers and
facilitation with industry collaboration.

2. Legal Matters:

In the rapidly changing broadcasting environment in Bangladesh, it is difficult to achieve

effective establishment and enforcement of broadcasting policy when legal matters related to
broadcasting are not unified under one law, and regulation is scattered among several bodies.
To provide solutions to such difficulty, a new broadcasting law to unify the legal system for
all broadcasting media and consolidated regulatory functions under one organization requires
to be passed. This can be done through establishing the NBC. Additionally, the NBC should
formulate a National Broadcasting Policy. In this regard, the proposed Bangladesh
Broadcasting Act 2003 and Private Broadcast Media (Radio and Television) Bill 2004 could
be re-examined and revised.

3. Independence of the Commission:

The Commission shall, in the pursuit of its objects and in the exercise of its powers, enjoy
freedom of expression and journalistic, creative and programming, administrative and
management, budgetary and financial, and regulatory and legal independence.

4. Organization of NBC:

a. Members: It could be proposed that the NBC should be comprised of 5 members:

1. Chairperson – 1 no.
2. Members – 4 nos.

b. Appointment: The chairperson and the members should represent various fields of society
on the basis of their professional knowledge, and should be appointed by the President of
the People’s Republic of Bangladesh following the recommendations of the
 National Broadcasting Commission in Bangladesh  5 
 

Parliamentary Standing Committee for the Ministry of Information2. Alternatively, a

Search Committee could be formed for this purpose to select a Chairperson and the
Members.

c. Position of the Chairperson: The position of Chairperson may be that of senior officials
at the levels of Adviser/Cabinet Minister and apart from what is stipulated in the
regulations for the Commission, he/she may not serve in any other position. The
Chairperson should be the official representative of NBC and supervise all matters of the
Commission. The Chairman should be available to attend the National Assembly when
requested to do so for the purpose of giving reports or answering questions.

d. Term of Service: Term of service of the Chairperson and the members will be five years.
The Chairperson and the members will serve as permanent and full-time members of the
Commission. Neither the chairperson nor the other members shall be appointed for two
consecutive terms at a stretch. Removal of the Chairperson and the Members would be
done by the President of the People’s Republic of Bangladesh.

e. Honorarium: The Chairperson and members may receive salary as well as perquisites
befitting their positions at the Commission.

f. Accountability: NBC will be accountable to the President of the People’s Republic of

Bangladesh. All official decisions of NBC should be made in the attendance of two thirds
of the Commissioners and approved by the majority of those Commissioners present. The
Commission should hold not only regular session once a month but also special sessions
which may be called at the discretion of the Chairperson or upon the request of more than
one third of the Commissioners. Commissioners are not subject to any outside instruction
or intervention during their term. A public-private-audience-based Advisory Council
should be established to regularly exchange views so as to guarantee a continuous
improvement in the policies and quality of broadcasts.

g. Secretariat and Executive Personnel of NBC: NBC may appoint an Executive Director
(ED) to oversee functions of the Commission and secretariat, while a Secretary to the
commission may serve as the Secretary to the Commission. All the executive personnel of
the Commission should execute the routine tasks associated with the mandates of NBC.

                                                            
2
The name of the Chairman and members can be proposed by the standing committee with two-third
support of the Standing Committee members.
 National Broadcasting Commission in Bangladesh  6 
 

3. Funding and Budget:

To ensure the independence and efficient functioning of the NBC, it is required to arrange a
mechanism to make NBC a self-funded organization. It may receive a partial funding against
its capital budget by direct annual grants from the Government. However, this partial funding
may be supplemented by levy from BTV, Bangladesh Betar and Cable operators or by taking
loans from the banks. It may also receive substantial revenue from license fees and various
commercial operations. The Commission may invest any money administered by it in bonds
or other securities of, or guaranteed by, the Government of Bangladesh.

4. Committees:

In order to accomplish tasks in a more specialized and effective manner, NBC may form
separate committees for broadcasting evaluation, broadcasting regulation, viewer complaint
settlement, and budget for itself, BTV, and Bangladesh Betar, and management as well as
several special committees i.e. Standards, Complaint Resolution, External Affairs and
collaboration, Policy and Legislation, Content Regulation, News and Information, Consumer
Rights and Protection etc.

5. Broadcasting Policies and Implementation:

The NBC may be responsible for a number of key areas of activity with regard to television
and radio services in Bangladesh, further to the provisions of the BTV and Bangladesh Betar
Acts, 2001; proposed Broadcasting Acts. NBC should be, therefore, mandated for the
establishment and execution of policies in the following areas:

I. Regulatory Affairs:

a. Formulate and implement a National Broadcasting Policy in Bangladesh;

b. Ensure and appropriate implementation of the BTV and Bangladesh Betar Acts 2001
in order to maintain the smooth functioning of BTV and Bangladesh Betar;

c. Implement and enforce the provisions of various media related laws and in that matter
recommend reforms or enact relevant laws;

d. Prepare a Code of Conduct for all private, public and community TV and Radio;
 National Broadcasting Commission in Bangladesh  7 
 

e. Approve decisions or recommend relating to the appointment, promotion, transfer and

removal of the first grade employees of Bangladesh TV and Betar;3

f. To appoint qualified personnel in suitable positions in order to establish Bangladesh

TV and Betar as the focal medium for providing information, education and
entertainment;

g. To form a Standards Committee that will not only outline the powers and scope of the
operation of Bangladesh TV and Betar, but will also monitor the programs broadcast
by them;

h. Licensing, license fees, authorization and registration of terrestrial, cable, satellite,

community, internet broadcasters, and electronic billboard advertisers. In this regard
the Commission may:

1) amend any condition of a license on application of the licensee or, the issuance
or renewal of the license;

2) issue renewals of licenses or suspend or revoke any license;

3) ask the licensees to submit information regarding their programs and financial
affairs or otherwise relating to the conduct and management of their affairs as
the regulations may specify;

4) evaluate the audit or examination of the records and books of account of

licensees by the Commission or persons acting on behalf of the Commission;
5) make regulations with the approval of the treasury, establishing schedules of
fees to be paid by licensees and such other matters as it deems necessary for
this purpose;
6) the weekly programme in advance should be placed before the commission,
only after their approval it can be broadcast;

i. Cross-ownership restriction of and among broadcasters;

j. To perform all other responsibilities that falls under the duties of the Commission. In
addition, to monitor all matters relating to broadcasting activities not provided for in
the law.

                                                            
3
The appointments of senior officials of BTV and Bangladesh Betar would be done by the
Commission under the following guideline:
a. they can be appointed directly on contract basis (either on consolidated pay or pay of the post)
b. by promotion from the qualified incumbents
c. on deputation from the government as required by NBC
 National Broadcasting Commission in Bangladesh  8 
 

II. Economic Regulation:

a. To secure the proper allocation of the annual revenue as well as to approve the annual
budget for the development and expansion of Bangladesh TV and Betar;

b. Administration of public and private channel performance to follow the National

Broadcasting Policies in order to ascertain the proper supervision, evaluation and
follow-up of the functioning of both state-owned and private channels;

c. Promotion of fair competition in the broadcasting market ;

d. Trade in services and examine the scopes of foreign participation in the Bangladesh
broadcasting market.

III. Technical Regulation:

a. To guarantee the execution of policies regarding satellite broadcasts, cable

transmissions, digital television, and video on demand (VOD) at both in-state and
international levels;

b. Establishment of mid to long-term development plans to meet the demands of the

rapidly changing broadcasting and communications environment;

c. Policy development for the introduction of satellite broadcasting and other new
media;

d. Conduct regular consultation with BTRC regarding frequency allocation and

spectrum management.

IV. Consumer Protection:

a. To ensure the empowerment of consumers while at the same time ensure adequate
protection measures in areas such as dispute resolution, affordability of services and
service availability;
 National Broadcasting Commission in Bangladesh  9 
 

b. To ensure that regulations relating to advertisements/commercials, sponsorships and

break-time slots are enforced and implemented. In this regard:

1) the Commission may make regulations on the proportion of time that shall be
devoted to the broadcasting of Bangladeshi and foreign programs;

2) considering the character of advertising, the Commission may specify the amount
of broadcasting time that may be devoted to advertising;

3) considering the proportion of time that may be devoted to the broadcasting of

programs, including advertisements or announcements, of a partisan political
character, the Commission may assign time on an equitable basis to political
parties and candidates;

c. The Commission may undertake, sponsor, promote or assist in research relating to

any matter within its jurisdiction and in so doing it may utilize technical, economic
and statistical information and advice from the private sector, civil society, academia
and other relevant stakeholders;

d. To accept and resolve grievances resulting from the violation of human rights or from
the infringement of policies regarding the broadcast of news and other programs;

e. To ensure that the news and information being broadcast is authentic and neutral in
nature.

V. Foreign Affairs:

a. o establish and maintain communication or agreement with foreign nations to

facilitate the continuous upgradation of existing technical know-how or to render
assistance in any form to, and to promote cooperation and coordination amongst
foreign media authorities/channels.

VI. Research Activities:

 National Broadcasting Commission in Bangladesh  10 
 

a. The Commission may undertake and manage strategic research to assist the
development of broadcast policy in Bangladesh in the context of technological
change, changes in legislation, new programming formats and international trends
and experiences. This work aims to ensure informed, evidence-based decision-
making across all areas of work, support policy development and to develop the
Commission as a leading source of information and understanding of the broadcasting
sector in Bangladesh.

b. The Commission may, therefore, conduct research on all areas relating to the
broadcasting media in Bangladesh. Such research would guide the Commission when
proposing policy changes, and formulation of standards for licensees’ operations.
 National Broadcasting Commission in Bangladesh  11 
 

Annex I
Eminent personalities involved in drafting this Policy Paper on National Broadcasting
Commission in Bangladesh

1. Mr. Farooq Sobhan

President, Bangladesh Enterprise Institute

2. Mr. M. Asafuddowlah
Editor, The Bangladesh Today

3. Mr. Saiful Bari

Chief Advisor, ATN Bangla

4. Mr. Zaglul A. Chowdhury

MD, Bangladesh Sangbad Sangstha

5. Mr. Shaukat Mahmood

President, National Press Club

6. Mr. Syed Shujauddin Ahmed

Former DG NIMCO and Former Secretary, Government of Bangladesh

7. Mr. Ramendu Mazumder

MD, EXPRESSIONS Ltd

8. Mr. AHM Bazlur Rahman

Chief Executive Officer, Bangladesh NGOs for Radio & Communication (BNNRC)

9. Mr. Kamrul Hassan

Executive Director, Mass-line Media Centre (MMC)
.
10. Mr. Muhammad Jahangir
Executive Director, Centre for Development Communication (CDC)

11. Mr. Fuad Chowdhury

Media & Communication Specialist

12. Mr. Ekram Kabir

Sub editor, BBC

13. Mr. Shamsuddin Haider Khan Dalim

Executive Producer, NTV
 
14. Syed Badrul Ahsan
Editor, Current Affairs, The Daily Star

16. Mr. Shameem Reza

Assistant Professor, Mass Communication and Journalism
Dhaka University
 National Broadcasting Commission in Bangladesh  12 
 

15. Mr. Shahab Enam Khan

Project Director, Bangladesh Enterprise Institute and
Assistant Professor in International Relations, Jahangirnagar University

Annex II

Members of the Media Advocacy Group

1. Mr. Farooq Sobhan

President, Bangladesh Enterprise Institute

2. Mr. M. Asafuddowlah
Editor, The Bangladesh Today
3. Mr. Saiful Bari
Chief Advisor, ATN Bangla
4. Mr. Enayetullah Khan
Editor-in-Chief, United News of Bangladesh (UNB)
5. Mr. Zaglul A. Chowdhury
MD, Bangladesh Sangbad Sangstha
6. Dr. Imtiaz Ahmed
Professor in Department of International Relations
Dhaka University
7. Mr. Shaukat Mahmood
President, National Press Club
8. Mr. Aly Zaker
MD & CEO, ASIATIC MCL
9. Mr. Ramendu Mazumder
MD, EXPRESSIONS Ltd.
10. Mr. Hossain Khaled
President, The Dhaka Chamber of Commerce and Industry (DCCI)
11. Mr. Syed Shujauddin Ahmed
Former DG NIMCO and Former Secretary, Government of Bangladesh
12. Mr. Muhammad Jahangir
Executive Director, CDC
13. Mr. AHM Bazlur Rahman
Chief Executive Officer, BNNRC
14. Mr. Kamrul Hassan
Executive Director, Mass-line Media Centre (MMC)
15. Mr. Fuad Chowdhury
Media & Communication Specialist
16. Mr. Ekram Kabir
Sub editor, BBC
17. Mr. Nadeem Quadir
Freelance Journalist and TV Anchore
18. Mr. Shamsuddin Haider Khan Dalim
 National Broadcasting Commission in Bangladesh  13 
 

Executive Producer, NTV

19. Mr. Shahab Enam Khan
Project Director, BEI