Censorship in Bhutan - Laws

Laws

Modernly, Bhutan has regulated its domestic media since enactment of the Bhutan Information Communications and Media Act in July 2006. It created an independent body, the Bhutan Information Communications and Media Authority (BICMA), which was formerly a part of the Ministry for Information and Communications. BICMA is responsible for regulating communications, their technology, and their means in Bhutan The Act provides for considerable discretion, including that consideration be given to "peace, stability and well-being" in taking over communications services and facilities, intercepting communications, regulatory rulemaking, issuing permits to publish materials, show films, and perform dramas, blocking access to protest websites, and banning certain foreign publications in the national interest. The Act further provides penalties for failure to comply with prohibitory orders by BICMA, and empowers the government to enter private property to search and seize when the agency "reasonably suspects" regulatory violations.

According to Freedom House's 2010 annual report, the media law adopted in 2006 led to the establishment of two independent radio stations, but did not provide specific protections for journalists or guarantee freedom of information. Two independent weeklies and the state-owned newspaper generally published articles favorable to the government and covered criticism of the government only occasionally.

The older National Security Act is a series of sixteen articles enacted by Parliament on November 2, 1992. Several of its provisions prohibit criticism of the king and the political system. The Act punishes those who undermine or attempt to undermine Bhutan's security by creating or inciting "hatred and disaffection," including by speech, with imprisonment for up to ten years. Speech and other acts that create "misunderstanding or hostility between the government and people of Bhutan and the Government and people of any foreign country" are punishable by up to five years' imprisonment. Furthermore, the Act allows up to three years' imprisonment for those who speak or act to promote or attempt to promote "feelings of enmity or hatred between different religious, racial or language groups or castes and communities, or commits any act which is prejudicial to the maintenance of harmony between different religious, racial or language groups or castes or communities, and which disturbs or is likely to disturb the public tranquility." As such, the Act criminalizes hate speech and propaganda harmful to foreign relations. In practice, some criticism of the government was allowed, including critical postings on government Web sites.

Certain other pieces of Bhutanese legislation provide for content-based restrictions on speech. For example, the Tobacco Control Act of 2010 makes depictions of tobacco use in motion media other than for health promotion constitute a petty misdemeanor.