Curiosity is a human instinct, which is partly satisfied by journalists presenting truth and verified information. But sometimes governments consider this journalistic content as crossing the limits of freedom of expression. By placing restrictions, they restrict mediapersons from questioning the performance of government institutions.
According to these institutions, such journalistic content spreads political, social, or religious unrest in the country.
Censorship is not new in Pakistan. Dr Mehdi Hassan writes in his book, Mass Media in Pakistan, that in Pakistan censorship began in 1948, when the Muslim League government imposed a one-year ban on three progressive magazines, and their editors were sent to jail under the Safety Act Ordinance 1948.
Ever since the independence of Pakistan, various laws have been enacted to curb the media industry — print, radio, electronic, and social media — in which every government has made various attempts to use the media to its advantage.
The most stringent of these laws was enacted on September 2, 1963 as the Press and Publication Ordinance, followed by the National Press Commission in 1973. Pakistan Electronic Media Regulatory Authority (Pemra) was established in 2002 after the introduction of private channels in electronic media, while the Prevention of Electronic Crime Act 2016 (PECA) is used to control the social media.
Due to these laws, many journalists, newspapers, journals, and magazines have been subjected to government restrictions, including financial restrictions.
According to the Human Rights Commission of Pakistan’s fact-finding report ‘Restrictions on Freedom of Expression in Pakistan’, a large number of journalists, editors, and TV anchors have complained about interference of state institutions in free working of the print and broadcast media in Pakistan.
It is a fact that advertising is the economic backbone for uninterrupted public access to newspapers, television, and social media, which can be gauged from a BBC report published in 2013 that the media industry received 25 percent of the revenue through subscriptions while 75 percent of the revenue comes from advertisements. The government is the biggest source of advertising in Pakistan. According to a fact file published by Aurora, the media industry in Pakistan spent Rs75.64 billion in the fiscal year 2020-21, of which Rs34 billion was spent on TV advertising and Rs16.8 billion on digital media. Among the advertisers, the government of Pakistan and the provincial governments published the most advertisements. With a growing media industry, limited resources make newspapers and channels subject to government policies (a recent example is the previous government’s defunding of the media industry, which promoted self-censorship).
According to the Human Rights Commission of Pakistan’s fact-finding report ‘Restrictions on Freedom of Expression in Pakistan’, a large number of journalists, editors, and TV anchors have complained about interference of state institutions in free working of the print and broadcast media in Pakistan.
During the previous regime, the Pakistan Tehreek-e-Insaf (PTI) had amended laws pertaining to PEMRA 2002, Press Council Ordinance 2002, Press Newspapers News Agencies and Books Registration Ordinance 2002, The Newspaper Employees (Conditions of Service Act 1973), PEMRA Act 2007, Motion Pictures Ordinance 1979, Cyber Crime Act, and introduced an ordinance in the National Assembly to unify the media industry under one law, the Prevention of Electronic Crime Act 2016, and one regulatory authority, the Pakistan Media Development Authority. However, due to the opposition and protests of opposition parties, journalist unions, and international organizations, this ordinance was withdrawn.
The President of Pakistan Arif Alvi on February 18, 2022 approved PECA 2016 with new amendments made in the context of the prevention of fake news. Under the interpretation of the amendment, the offense of criticizing government institutions or personalities would be non-bailable. A writ was filed in the Islamabad High Court on behalf of journalist unions and channels against the amendments, that stated the Presidential Ordinance conflicts with most of the articles of the constitution of Pakistan, which gives the right to access information to its citizens.
A series of meetings with the top officials of the Joint Action Committee of the Media Industry began and a nationwide protest was held on February 28, 2022 by journalist unions and press clubs. Finally, on April 8, 2022, Justice Athar Minullah invalidated PECA and termed the act as a violation of the constitution of Pakistan. In the judgment, the offense of defamation, the protection of individual reputation, and the effects of arrest and imprisonment were declared to be violation of the constitution and directed to abolish section 20. It also directed the federal bodies to make appropriate legislative proposals in the context of the Defamation Ordinance 2002 and restrain further arrests.
However, on May 7, 2022, the Federal Investigation Agency filed a case under PECA against journalist Sami Abraham for making false allegations against government officials and summoned him on May 13 for investigation.
Soon after, Information Minister Maryam Aurangzeb tweeted that “Please note that this petition is withdrawn immediately, as it is against the stated policy of the government and to stand and ensure freedom of expression. It is against the rules. The Prime Minister has taken strict notice of the filing of this petition.”
In this regard, requests for information about cases filed against journalists under PECA submitted to FIA and Regional Police Officer Multan were submitted on August 29 and reminded on September 13. After getting no official response, a request was made to the Federal Information Commission Islamabad on September 28 and to the Provincial Information Commissioner Punjab on October 14 to obtain the required information, to which no response has been received yet.
Sami Abraham says the FIA submitted a written response to the court regarding the closure of the case in October 2022.
Farhan Qayyum, President Khanewal Press Club, says that PECA Act is a “dire need of this society but with necessary amendments” as there is no effective regulatory authority for the social media – “But this process must include the journalist community’s consent”.
Imtiaz Ali Asad, Editor Shab-o-Rooz, says that journalists have always faced restrictions, but since the commercial industry has replaced professional journalism, these restrictions and problems have accelerated – “Journalism is meant to inform opinion makers not hold anyone accountable”.
Freelance journalist Rabia Nawaz says that suppressing the voice of journalists in Balochistan has been going on for a long time. “It includes acts like threatening calls, torture and murder. The main purpose is to keep public uninformed. As a result journalists have to resort to self-censorship.”
It is clear that governments frame laws without consulting representatives of the journalist community. A totalitarian system takes birth in the country at the cost of social development.
The writer is a PhD. scholar in Media Studies.
