RIGHT TO PRIVACY IN THE ERA OF INFORMATION BOMBARDMENT

 Disclaimer: This article was published in IXth Volume of Bhutan Law Review, Bhutan National Legal Institute on 21 Feb 2018

Right to privacy is absolute. However, state must protect right to privacy of a person and his family's right to privacy. Free speech is a fundamental tool and teeth of any democracy and Bhutanese democracy is no exception. On the other hand, every person should have right to be secure in their private lives, their documents, their homes and family. It is even more important for a small nation like ours, where everyone knows everyone.

Are our electoral laws too restrictive and the citizen’s right to information forgotten?

Disclaimer: This article was published in Kuensel on 17 March 2018

I am thousands of miles away from Bhutan. Like me there are thousands of Bhutanese across the world. Though we are all away from our country, we are eagerly waiting to participate in the upcoming National Council and National Assembly elections. We (most) would like to exercise our franchise of voting. To vote, we have the right to know about our candidate(s).
Voting is not merely about filing up postal ballot or pressing the voting machine. It is the biggest decision each one of us would make for the next five years, a half a decade to elect a person who would represent us in nation building and more so in building a vibrant democracy in the country.

Being away from home, the only way to know about candidates is either through formal or informal medium. Media whether social media or mainstream media are more formal way of knowing about them. Informally, either the candidates or their relatives or supporters reach us through social media or other means to support that candidate. The best avenue for us to know about our candidate is through mainstream media as they are expected to inform the nation about each candidate in a fair manner.

The recent news of media being directly or indirectly pressured by the Office of the Media Arbitrator instituted by the Election Commission of Bhutan (ECB), including asking apologies and action taken reports is a worrisome and a cause of big concern. Such steps have sent shock and panic among the media fraternity about freedom of press, radio and broadcast in the country. It is not only those working in the media, but we, the voters are equally weary of such steps by the media arbitrator. ECB must remember that, thousands of Bhutanese cannot attend the candidate’s zomdu in person and the only way to get more information about how our candidates perform and what they want to do for the nation can only be accessed and assessed through media reports. Otherwise, it would be like voting blindly based on connections, relatives or family members and not based on the merits of the candidates. Is just watching half an hour clip of their debate, which is often inaccessible online to those of us abroad adequate for voters to take informed decision? When there is no information, how does ECB expect us to take informed decision as a voter? If the voters are deprived of information about our candidates, the very principle of voting and election is nullified. Democracy is threatened and democratic values and principles lost.

As a voter, we want our media to not only to tell us the profiles of candidates and their manifesto, but to go beyond to find out the past good deeds and bad histories of our candidates. As a voter, we can understand and make our decisions more carefully. Media is recognized as the fourth estate. The right to freedom of press, radio and broadcast are explicitly recognised, as fundamental rights by the Constitution so is the right to information and right to vote.

The freedom of media is not the freedom of media per se, it is the right of people and media is a medium through which these rights are given to people. Right to information must in electoral sense mean right of the people to know about their candidates, political parties in place and what they can do for the nation. Informed decision means, voters know about candidates, their strengths and weaknesses. Does the Office of the Media Arbitrator have the authority to curtail these rights in the Constitution? Do such steps by the Office of the Media Arbitrator promote the citizen’s right to information and make informed decisions in the electoral process? When voters are deprived of the right to know about their candidates, where is free and fair election?

If media make mistake whether intentionally or unintentionally, the Office of the Media Arbitrator or ECB should respect the laws of the country and follow proper procedure by reporting it to Bhutan InfoComm and Media Authority (BICMA) since BICMA is the statutory authority, authorized by the parliament to regulate the media. The Office of the Media Arbitrator or ECB should report to BICMA to take actions against those erring media. Media Arbitrator’s office is established under the delegated legislation and has no authority to override laws passed by the parliament or the power to curtail or restrict constitutional rights of the people or media. Media Arbitrator or ECB does not have unfettered power and must act within the limits of the electoral laws specially, if any steps by ECB or its authorized agents infringe on the rights of citizens in making informed decision. Interference of any kind by the Office of the Media Arbitrator or ECB on the functioning of media without involving BIMCA or Journalist Association of Bhutan (BICMA) or the Media Foundation could only set a wrong precedent and induce threat and unnecessary self-censorship among the media and ultimately failing their role as the fourth estate. Further, such direct interference would encourage many other institutions in the country to directly interfere in media functions and deprive their right to independence and freedom.

It is therefore, highly recommended that ECB and its agents during the election has the duty to conduct the elections in free and fair manner but shall not in any manner curb the rights of the media. Democracy shall not be the mere process of voting but of making informed decision by exercising the right to information. It is only through information that an informed decision can be made and media must continue to work without fear and favour in informing the nation.

Are our electoral laws too restrictive and the citizen’s right to information forgotten?

Disclaimer: This article was published in Kuensel on 17 March 2018

I am thousands of miles away from Bhutan. Like me there are thousands of Bhutanese across the world. Though we are all away from our country, we are eagerly waiting to participate in the upcoming National Council and National Assembly elections. We (most) would like to exercise our franchise of voting. To vote, we have the right to know about our candidate(s).

Are you anticipating a drug test by any authority???

 Are you or any of your friends or family members been subjected to drug test or mo so anticipating a mandatory drug test by any authority including BNCA and RBP?

1 .Who can test you?

An agency designated by Bhutan Narcotic Control Agency (BNCA)  has authority to carry
a drug test on you  or your property for screening and testing of substance or sample provided under under Section 85 of the Narcotic Drugs, Psychotropic Substance and Substance Abuse Act (NDPSSA) 2015. 

2.  When can you or your property can be tested? 

You can be tested for drug abuse  under Section 85 of NDPSSA Act 2015, if there is a credible information that you cause  public nuisance or poses probable risk to the public and is under reasonable ground suspected to have consumed or consuming any substances controlled under this Act in any public place or if you are suspected to possess goods contains controlled substance listed under Schedules I to V of this Act with or without authorization. 

3. Can you decline the drug test?  and if you decline, how can the authority test you for drug abuse?

Yes, you can refuse to do the test. In case, if you refuse to give the test, as per Section 86 of NDPSSA Act,  then the Authority has duty to take the samples from you  as per the Civil and Criminal Procedure Code   (CCPC) 2001 as amended in 2011. Since, generally your urine is taken as sample for screening test, Section 185.1 of CCPC states that "Due discretion should be exercised for invasive procedures (i.e.bodily fluids). Further, it is the duty of the authority to give a reasonable notice and you also have the right to Jabmi (Counsel) present during the test to ensure that sample is taken fairly.  

4. Is the first test (Screening test) final? Is it 100% accurate? Can it be challenged if you think, it is not correct or have doubt over the result? 

It is only a field test or screening test, thus, it is not 100% accurate and go wrong for various reasons including contaminated instruments, wrong procedures, similar chemicals in the urine showing the preliminary positive test for controlled substances, or other factors. Therefore, yes, you can challenge the screening test results.  If you challenge the test results, it is the duty of Narcotic Control Board to establish Confirmatory Laboratories to conduct confirmatory test which may probably be qualitative chemical analysis to determine the actual content of the sample. That result will be final and binding. 

5.   In case, if you are addicted to drugs or use drugs but want to stop, what rights do you have. 

a.     First, under Section 40 of  NDPSSA   Act 2015, you can voluntarily submit meaning you can visit any counseling services such as drop-in-centers, hospital, or even to BNCA or RBP asking for  them to help you. If you do this, then your information will be kept confidential including identity and it is the duty of the government to help you to get out of the problem.

b.     Second, under Section 48-50 of NDPSSA Act 20015, even if you arrested by any agency, you still get to go for compulsory treatment and rehabilitation or counseling depending on the problem you have. It is called compulsory submission and if you repeat more than three times, then you can be imprisoned upto less than 3 years under Section 153 of NDPSSA Act 2015.

c.     Third, if you complete the rehabilitation and treatment or counseling, under Section 50 of NDPSSA Act 2015, you are entitled to equal opportunities for jobs and other opportunities to help assimilate into the mainstream

6. What is the objective of NDSSA Act 2015

The preamble makes it clear that, this law was enacted to create awareness on ill effects of drug use including taking proactive prevention measures and to provide  treatment and rehabilitation and also social re-integration when prevention fails and of course to punish those involved in illicit trafficking of these drugs.

7. Why drug addiction is a diseases 

It is considered a life long disease due to so many reasons. Here is the link where you will get the accurate and comprehensive explanation of this topic . This link is from an American Medical Associations 

Thank you and SAY NO TO DRUGS 

Are you anticipating a drug test by any authority???

 Are you or any of your friends or family members been subjected to drug test or mo so anticipating a mandatory drug test by any authority including BNCA and RBP?

1 .Who can test you?

An agency designated by Bhutan Narcotic Control Agency (BNCA)  has authority to carry