Information, Communications and Media Act (2018)

The Information, Communications and Media Act of Bhutan 2018 (ICM Act) is the comprehensive legislation governing telecommunications, information technology, broadcasting, print media, film, and online content in the Kingdom of Bhutan. The National Assembly unanimously passed the bill on 5 December 2017, and it came into force in 2018, replacing the earlier Information, Communications and Media Act of 2006. The Act established the Bhutan InfoComm and Media Authority (BICMA) as the unified regulatory body for the entire information and media sector. The legislation was drafted in the context of Bhutan's rapid digital transformation, with internet and mobile phone penetration growing dramatically in the preceding decade, and the government's desire to regulate both traditional and new media within a coherent legal structure.^[1]

The Act came at a critical juncture in Bhutan's media development. Bhutan had no television or internet until 1999, when both were introduced simultaneously — making Bhutan the last country in the world to introduce television. In the two decades that followed, the media landscape expanded rapidly, with the emergence of private newspapers (including Bhutan Observer, Bhutan Times, and The Bhutanese), commercial radio stations, and a growing presence of social media platforms. This expansion occurred within a political culture that had historically placed a premium on social harmony and deference to authority, creating tensions between the aspiration for a free press and the state's desire to maintain control over public discourse.^[2]

While the Constitution of Bhutan guarantees freedom of the press under Article 7(5), it also permits "reasonable restrictions" on media freedom in the interest of sovereignty, security, unity, and public order. The ICM Act operationalizes these constitutional provisions, and its critics argue that it tips the balance too far toward restriction, creating a regulatory environment in which independent journalism is burdened by licensing requirements, content regulations, and the threat of penalties for vaguely defined offences.^[3]

Regulatory Framework: BICMA

The Act establishes the Bhutan InfoComm and Media Authority (BICMA) as an autonomous regulatory body responsible for overseeing the entire information, communications, and media sector. BICMA's mandate includes licensing of telecommunications operators, internet service providers, broadcasters, print media, film distributors, and online content providers. It is empowered to set technical standards, allocate radio frequency spectrum, investigate complaints, and impose penalties for violations of the Act. The Authority is governed by a board appointed by the government, raising questions about its independence from political influence.^[1]

BICMA replaced and consolidated the functions of several earlier regulatory bodies, including the Bhutan Telecommunications Authority and the media regulatory functions previously exercised by the Ministry of Information and Communications. The consolidation was intended to eliminate regulatory overlap and create a more efficient governance structure for a converging media landscape. However, the concentration of regulatory power over all forms of communication in a single authority has been criticised by press freedom advocates as creating a potential single point of censorship.^[2]

Licensing Requirements

One of the most consequential aspects of the ICM Act is its comprehensive licensing regime. All media outlets — including newspapers, magazines, radio stations, television channels, online news portals, and even individual content creators meeting certain thresholds — are required to obtain licenses from BICMA before commencing operations. The licensing process involves submission of detailed applications, review of financial viability, editorial capacity, and compliance with content standards. Licenses are granted for fixed terms and are subject to renewal, conditions, and revocation.^[1]

The licensing requirement for online content providers has attracted particular scrutiny. As social media and citizen journalism have become increasingly important sources of news and public discourse in Bhutan, the requirement to obtain a license before publishing online content has been seen by critics as an attempt to extend state control into the digital sphere. The Act's provisions are broad enough to potentially encompass bloggers, social media commentators, and other individuals who produce content that reaches a significant audience. The penalties for operating without a license include fines and potential criminal prosecution.^[3]

Content Regulation

The Act establishes content standards and restrictions that apply to all forms of media. Prohibited content includes material that threatens national security, sovereignty, or the unity and integrity of the nation; promotes hatred or discrimination on grounds of race, ethnicity, religion, sex, or language; is obscene or indecent; defames individuals or institutions; or violates the privacy of individuals. While many of these restrictions are common to media laws worldwide, the breadth and vagueness of some provisions — particularly those relating to national security and the "unity and integrity of the nation" — have raised concerns that they could be used to suppress legitimate criticism of the government or to silence reporting on sensitive topics such as the Lhotshampa question, human rights, or political opposition.^[2]

The Act empowers BICMA to issue content directives, investigate complaints about published content, and order the removal or correction of material that violates content standards. Penalties for content violations range from warnings and fines to suspension or revocation of licenses. The Act also creates offences related to the dissemination of "false or misleading information," a category that has been used in other countries to target investigative journalism and political commentary.^[1]

Telecommunications and Internet Regulation

The Act provides the regulatory framework for Bhutan's telecommunications sector, including licensing of telecom operators, regulation of tariffs, quality of service standards, and universal service obligations. It addresses the management of radio frequency spectrum and the allocation of numbering resources. The internet-related provisions cover internet service providers, domain name administration, data protection, and cybersecurity. The Act empowers the government to order the blocking or filtering of internet content that violates Bhutanese law, a power that raises concerns about potential internet censorship.^[1]

Bhutan's internet penetration has grown significantly since its introduction in 1999, reaching approximately 50 percent of the population by the time the ICM Act was enacted. Social media platforms, particularly Facebook, have become major venues for public discourse, political discussion, and news consumption. The government has expressed concern about the spread of misinformation, online harassment, and foreign influence through social media, and the Act's provisions on online content regulation reflect these concerns. However, the tools created to address these legitimate issues could also be wielded to silence dissent or restrict access to information about Bhutan's human rights record.^[3]

Press Freedom Concerns

International press freedom organisations have expressed measured concern about the ICM Act's implications for media independence in Bhutan. Reporters Without Borders (RSF) has noted that while Bhutan's media environment is comparatively open relative to other South Asian nations, the legal framework creates vulnerabilities that could be exploited to restrict press freedom. The Committee to Protect Journalists (CPJ) has highlighted the chilling effect that licensing requirements and content regulations can have on journalistic independence, particularly for small media outlets operating with limited resources in a small country where the government is a major advertiser and source of information.^[2]

Self-censorship remains a significant concern in Bhutan's media landscape. The combination of cultural norms emphasising harmony and respect for authority, the small size of the media market, the government's role as a major advertiser, and the regulatory powers vested in BICMA create an environment in which journalists may refrain from pursuing stories that could provoke official displeasure. A survey cited by press freedom organisations found that 84 per cent of journalists in Bhutan report being unable to report freely due to pressure from powerful individuals. Topics related to the monarchy, the refugee crisis, ethnic tensions, and government corruption are considered particularly sensitive, and coverage of these issues remains limited in Bhutanese media.^[3]

Bhutan's ranking in the Reporters Without Borders World Press Freedom Index has fallen sharply since the Act's adoption, dropping from 33rd in 2022 to 90th in 2023, 147th in 2024, and 152nd in 2025. In 2025, Bhutan scored 32.62 out of 100, placing it in RSF's "very serious" category, with particularly low scores in political context, economic indicators, and the legal framework.^[2]

Asymmetric Enforcement

The Journalists' Association of Bhutan (JAB) has criticised the ICM Act for creating an asymmetric regulatory environment. Traditional media outlets — newspapers, radio, and television — face stringent licensing requirements and content oversight from BICMA, while digital platforms and social media accounts publishing similar content often operate outside BICMA's effective enforcement reach. According to JAB, "BICMA maintains a stringent approach towards mainstream media reporting, while identical allegations posted on digital platforms such as social media often remain unchallenged."^[4]

Access to Information

Despite constitutional guarantees, journalists report significant difficulty accessing state-held information. Bhutan does not have a dedicated Right to Information (RTI) law, and the absence of such legislation has been cited as a structural barrier to investigative journalism and public accountability. The Civicus Monitor has noted that "media independence, access to information and self-censorship of NGOs" remain ongoing issues in Bhutan.^[5]

Diaspora and External Perspectives

For the Lhotshampa diaspora, the ICM Act is viewed through the lens of decades of information control by the Bhutanese state. During the crisis of the early 1990s, the government tightly controlled media coverage of the expulsions, and independent reporting from within Bhutan was virtually nonexistent. The diaspora community has relied on external media, social media platforms, and diaspora-run publications to document their experiences and advocate for their rights. The ICM Act's provisions on online content regulation and the potential for internet filtering are seen as extensions of a long-standing government policy of controlling narratives about the refugee crisis and the treatment of ethnic minorities.^[2]

References

1. Bhutan InfoComm and Media Authority (BICMA). "Acts and Regulations." https://www.bicma.gov.bt/bicma/acts-regulations/
2. Reporters Without Borders (RSF). "Bhutan." https://rsf.org/en/country/bhutan
3. Committee to Protect Journalists (CPJ). "Bhutan." https://cpj.org/asia/bhutan/
4. Journalists' Association of Bhutan. "Freedom in Chains: Why Bhutan's Media Laws Are Holding Back Journalism in the Digital Era." https://www.jab.bt/freedom-in-chains-why-bhutans-media-laws-are-holding-back-journalism-in-the-digital-era/
5. Civicus Monitor. "Media independence, access to information and self-censorship still an issue in Bhutan." https://monitor.civicus.org/explore/media-independence-access-information-and-self-censorship-ngos-still-issue-bhutan/