After pressure to remove old reports, bdnews24.com faces plea for defamation suit

A court has been moved to start a defamation suit against bdnews24.com after the news publisher faced “unethical” pressure through dozens of legal notices demanding removal of old reports on cases against former MP HBM Iqbal and his family.

Staff CorrespondentBarishal Correspondent and bdnews24.com
Published : 24 Feb 2021, 09:25 PM
Updated : 25 Feb 2021, 03:58 AM

Kazi Nasir Uddin Babul, who identified himself as a friend of Iqbal, filed a plea with the Barishal Chief Metropolitan Magistrate’s Court on Wednesday. The petition seeks to bring charges against four top editors of bdnews24.com, including Editor-in-Chief Toufique Imrose Khalidi.

Judge Poly Afroze set Thursday for an order after hearing the petitioner’s statement, said Razib Hasan, the court’s bench assistant.

bdnews24.com had published news on court proceedings and orders in cases filed against Iqbal, a freedom fighter and chairman of Premier Group, and members of his family in the past one and a half decades as had other mainstream media.

Bangladesh's first internet newspaper also covered the news of acquittal of Iqbal and his family members of the charges.

Iqbal's friend Babul in his plea claimed that the reports were published “deliberately” in 2007, 2008, 2010, 2015 and 2017.

The reports are “demeaning” Iqbal and his family in Bangladesh and abroad because these are still on the internet despite the fact that they were acquitted in the cases, according to the petitioner.

Babul also said he sent two legal notices to bdnews24.com to have the reports taken down, but the defendants did not make any “satisfactory” response, according to Razib.

He demanded Tk 2 billion in damages for the reports, the court employee added.

THE FIRST NOTICE

bdnews24.com received the first notice sent by Babul through Barishal lawyer Autikur Rahman Jewel by the end of January.

The notice said that reports carried by bdnews24.com on Iqbal on Feb 8, 2010 are “totally false, imaginary, fabricated and untrue”.

“My client Dr HBM Iqbal never got involved in corruption or unethical activities, so the information on his involvement in these is totally illogical,” the notice read.

bdnews24.com shared the “false news” on Facebook and newspapers by using electronic devices. “It tainted the image of my client as hundreds of thousands of people in Bangladesh and abroad saw the news,” the lawyer said. He added that Iqbal faced an “incalculable loss” because of the news.

The news caused “psychological and social damage” to Iqbal which is “obviously” an offence under the Digital Security Act, he asserted.

“I believe you were influenced illegally by the rivals of my client while presenting the news. For your kind information, my client can state under oath that he has no true charges of corruption against him.”

The notice also claims that reports run by bdnews24.com in 2007, 2008, 2015 and 2017 on an Anti-Corruption Commission case against Iqbal’s wife Mamtaz Begum, daughter Naurin Iqbal, and sons Moin Iqbal and Imran Iqbal are “false”.

It says that the reports were published by different media, but alleged the publication of the “false” information aimed to “defame” Iqbal and his family.

The news on the court orders “discredited” the former MP “socially, politically and financially”, the notice says, adding that publishing defamatory news without evidence is a punishable offence under the law.

“Therefore, you will explain within 15 days from receiving the notice why legal steps will not be taken against you, and offer an unconditional apology to my client for false and baseless [reports] published through bdnews24.com.

A list of the reports for which bdnews24.com is facing the legal notices:

Dulal remanded in 2001 Malibagh shooting  

Published: 22 Oct 2007 03:54 PM BdST

HBM Iqbal jailed for 13 years  

Published: 11 Mar 2008 12:00 PM BdST

Ex-AL MP Iqbal sent to jail in wealth case  

Published: 28 Feb 2010 11:18 AM BdST

Banker, ex-AL MP Iqbal sent to jail in wealth case  

Published: 28 Feb 2010 03:57 PM BdST

AL leaders relieved from 2001 murder case  

Published: 26 Aug 2010 07:10 AM BdST

Four injured in reckless driving by ex-Awami League MP HBM Iqbal’s underage nephew at Gulshan  

Published: 14 Oct 2015 12:30 AM BdST

Top court upholds conviction of former MP Iqbal's wife, children for corruption  

Published: 27 Nov 2016 02:51 PM BdST

Former AL lawmaker Iqbal's wife, two sons and daughter land in jail  

Published: 08 Mar 2017 04:30 PM BdST

Ex-MP Iqbal's wife, three children appeal against conviction in ACC case  

Published: 09 Mar 2017 09:57 PM BdST

Arrest warrant out for Premier Bank Chairman HBM Iqbal  

Published: 02 Jul 2017 10:42 PM BdST

“Otherwise, my client will be compelled to take action against you in line with the Digital Security Act of 2018.”

bdnews24.com published a report after receiving the notice. In keeping with the ethics and standards of good journalism, its correspondent spoke to the lawyer who sent the notice as well as Iqbal.

Lawyer Jewel said at the time that the sender of the notice, Babul, is a businessman of Barishal. Babul is also the owner and editor of the daily Ajker Barta, according to Jewel.

Jewel said Iqbal may send legal notices to all the media outlets that published the news on the cases. The lawyer was unsure whether legal notices were sent to the others.

Asked about the old reports, the former MP said, “Now 12 years have passed after 1/11 case. The High Court and Supreme Court have quashed these cases. Then why are you letting the entire world know about the lower court’s [orders].” The installation of the military-run caretaker government and actions taken by that administration are referred to as 1/11 in Bangladesh.

DOZENS OF NOTICES

After the publication of the report, other legal notices began streaming in from the districts. bdnews24.com has received more than three dozens of notices over the matter from two dozens of districts. 

The language, statements and demands in the notices, sent under different names, are identical.

They assert that the report is “baseless” even though it is fundamentally based on the first notice sent by them and their statements.

In one of the new notices from Faridpur, in addition to threatening bdnews24.com with legal action for publishing "any false or baseless news after this", the lawyer also warns of “adverse consequences” for the news publisher.

 

bdnews24.com opened the process to answer the legal notices after receiving those, beginning with a reply to the one sent by Babul through Jewel.

The second notice dated Feb 18 reached the bdnews24.com office from the Barishal lawyer on Wednesday.

It accepted the receipt of the bdnews24.com reply to the first notice, but said the receivers of the notice did not delete or remove the reports “wilfully”, which the second notice described as “very much shameful and unfortunate”.

“Therefore, you will face legal action if you do not withdraw [the reports] from your news portal within three working days and apologise to Dr HBM Iqbal and his family.”

If their demand is not met, the notice warned, action would be taken under the Digital Security Act and for “defamation”.    

Babul filed the petition seeking to start a case the same day bdnews24.com received the report.

‘TACKLING IN LEGAL WAYS’

Editor-in-Chief Khalidi spoke extensively at a press conference on Feb 17 on “bizarre” attempts to muffle journalism by the influential people.

Khalidi said bdnews24.com can correct factual errors, if any, but it will not remove reports bowing down to “undue” pressure.

“The reports are not based on bdnews24.com’s own investigation, but they objectively reflect the court proceedings and orders. It naturally begs the question: what logical reason is there for the news publisher to remove these reports?" he said.

“We’ve been told repeatedly that others have already removed their reports on the issue. Several attempts were made to manipulate us, engaging influential people, including those from the media. Having failed to compel us to remove the reports despite repeated efforts, they have now resorted to a truly bizarre approach.”

bdnews24.com has provided reporters with a list of reports it has been pressured to take down.

The main point of the legal notices is that the reports should be removed as all of them have been acquitted in the cases—a demand that bdnews24.com finds “illogical”.

“bdnews24.com is being targeted with the accusation of “deliberate defamation” for the same news published by all the mainstream media outlets on the court proceedings and orders,” Khalidi said.

And who are the people sending these notices? Not anyone who could reasonably be aggrieved by the reports.

“This is a concerted effort to harass and intimidate us into thinking about removing the reports.”

Khalidi said, “My question is -- on what logic I will remove [the reports]. On what principle and criteria? [If we do this] We will have to remove everything and there will be nothing left.”

“The information will remain in the archives for our young colleagues, for future research, for the journalists eager to know the background before writing reports. These things will stay.” 

The editor-in-chief also said bdnews24.com will deal with the issue through legal means if the people who threaten to hit it with cases. “The judge is not blind. The judge knows. The judge will see if the case is worthy of cognisance,” he added.   

PROTESTS BY JOURNALIST GROUPS

A number of organisations of journalists have condemned the “unethical” pressure on bdnews24.com to remove old reports.

Bangladesh Federal Union of Journalists or BFUJ has demanded identifying of and punitive action against the people who created the pressure.

Dhaka Union of Journalists or DUJ has expressed concern over the “unethical” pressure on bdnews24.com and other media.

Chattogram Union of Journalists or CUJ, Bagerhat Press Club, Chandpur Press Club, Natrakona District Press Club, Dinajpur Press Club, Dinajpur Union of Journalists, Rangpur Photojournalists Association, and Sharsha Upazila Reporters Club have said in statements that such pressure is tantamount to interfering in the freedom of media.

Dhaka University Journalists Association, Chattogram University Journalists Association, Shahjalal University of Science and Technology Press Club, Jahangirnagar University Journalists Association, Stamford University Journalists Forum, Begum Rokeya University Journalists Association, Noakhali Science and Technology University Journalists Association, and Bangladesh Journalist Students Council in separate statements condemned the pressure on bdnews24.com calling for government action against the influential people behind such pressure.