Author: Freedom of Expression – Pakistan Press Foundation (PPF)

Pakistan Press Foundation (PPF) has welcomed the presentation of the landmark Sindh Protection of Journalists and Other Media Protection Bill 2021 in the provincial assembly of Sindh.  PPF also welcomed that a similar bill has also been presented in Pakistan’s National Assembly where it has been sent to the Human Rights Committee for consideration.  

The bill presented in Sindh envisages the creation of a of a robust, inclusive and autonomous Commission on Safety of Journalists and Other Media Professionals comprising government duty bearers as well as media stakeholders including Pakistan Federal Union of Journalists (PFUJ), Council of Pakistan Newspaper Editors (CPNE), All Pakistan Newspaper Society (APNS), Pakistan Broadcasters Association (PBA), Sindh Commission on Information Commission and the Human Rights Commission of Pakistan (HRCP).  

Both bills presented by the federal and provincial governments recognise journalists’ right to professional privacy and undertake to implement the United Nations Plan of Action on the Safety of Journalists and the Issue of Impunity.

PPF played an effective role in maintaining momentum for the passage of journalists’ protection legislation since February 2020, when the draft “Protection of Journalists and Media Professionals Bill 2020” was presented to the federal cabinet by Human Rights Minister Shireen Mazari. 

The process initiated by PPF culminating in the presentation of these bills at the national and provincial level included a review of the draft bill by international experts to bring it in line with international practices’ a series of consultative sessions with editors, journalists, lawyers and human right practitioners; and the publication of a policy paper on the draft with specific clause-wise recommendations on improving the draft bill. 

The publication of the policy paper was followed by lobbying efforts with leaders of political parties at national and provincial levels that included meetings with President of Pakistan Arif Alvi, ministers, senators, members of the national as provincial assemblies. These political leaders appreciated the efforts of PPF and assured that the bill would soon be introduced in the relevant assembly.

The Government of Sindh in particular expressed determination to pass the journalists protection bill without any undue delay.  At their request, PPF drafted the provincial “Sindh Protection of Journalists and Other Media Protection Bill 2021” which formed the basis of further consultation with an informal committee set up by the Sindh government. This committee comprised Secretaries Information and Director Information of Sindh Government as well as PPF, PFUJ, Karachi Press Club, CPNE, senior media academic Professor Tauseef Ahmed and senior journalists Qazi Asif and Mazhar Abbas.  

The committee sent the draft to a senior constitution lawyer to review and then in a series of consultations finalised the draft on May 18.  Subsequently, it was presented to the Sindh Assembly on May 21. The bill was then sent to the Law Committee of the Sindh Assembly which approved the Bill on May 24.  

PPF Secretary General Owais Aslam Ali expressed appreciation the support from Sindh Government particularly Sindh Information Minister Syed Nasir Hussan Shah, Law Minister Murtaza Wahab, information secretaries Ejaz Baloch and Rafique Ahmed Buriro and Sindh Director Information Saleem Khan.

Ali also appreciated the vision and determination of federal Human Rights Minister Shireen Mazari who was responsible for providing a workable framework for journalists’ safety legislations in Pakistan.  He hoped that prompt and effective consultations would be held in all media centres of the country so that the bill could be further improved and then be approved at the earliest by the National Assembly.

Ali hoped that Punjab, Khyber Pakhtunkhwa and Balochistan provinces as well as Gilgit Baltistan and Azad Kashmir would follow suit and enact similar laws without any delay.

Pakistan Press Foundation (PPF) has welcomed the presentation of the landmark Sindh Protection of Journalists and Other Media Protection Bill 2021 in the provincial assembly of Sindh.  PPF also welcomed that a similar bill has also been presented in Pakistan’s National Assembly where it has been sent to the Human Rights Committee for consideration.  

The bill presented in Sindh envisages the creation of a of a robust, inclusive and autonomous Commission on Safety of Journalists and Other Media Professionals comprising government duty bearers as well as media stakeholders including Pakistan Federal Union of Journalists (PFUJ), Council of Pakistan Newspaper Editors (CPNE), All Pakistan Newspaper Society (APNS), Pakistan Broadcasters Association (PBA), Sindh Commission on Information Commission and the Human Rights Commission of Pakistan (HRCP).  

Both bills presented by the federal and provincial governments recognise journalists’ right to professional privacy and undertake to implement the United Nations Plan of Action on the Safety of Journalists and the Issue of Impunity.

PPF played an effective role in maintaining momentum for the passage of journalists’ protection legislation since February 2020, when the draft “Protection of Journalists and Media Professionals Bill 2020” was presented to the federal cabinet by Human Rights Minister Shireen Mazari. 

The process initiated by PPF culminating in the presentation of these bills at the national and provincial level included a review of the draft bill by international experts to bring it in line with international practices’ a series of consultative sessions with editors, journalists, lawyers and human right practitioners; and the publication of a policy paper on the draft with specific clause-wise recommendations on improving the draft bill. 

The publication of the policy paper was followed by lobbying efforts with leaders of political parties at national and provincial levels that included meetings with President of Pakistan Arif Alvi, ministers, senators, members of the national as provincial assemblies. These political leaders appreciated the efforts of PPF and assured that the bill would soon be introduced in the relevant assembly.

The Government of Sindh in particular expressed determination to pass the journalists protection bill without any undue delay.  At their request, PPF drafted the provincial “Sindh Protection of Journalists and Other Media Protection Bill 2021” which formed the basis of further consultation with an informal committee set up by the Sindh government. This committee comprised Secretaries Information and Director Information of Sindh Government as well as PPF, PFUJ, Karachi Press Club, CPNE, senior media academic Professor Tauseef Ahmed and senior journalists Qazi Asif and Mazhar Abbas.  

The committee sent the draft to a senior constitution lawyer to review and then in a series of consultations finalised the draft on May 18.  Subsequently, it was presented to the Sindh Assembly on May 21. The bill was then sent to the Law Committee of the Sindh Assembly which approved the Bill on May 24.  

PPF Secretary General Owais Aslam Ali expressed appreciation the support from Sindh Government particularly Sindh Information Minister Syed Nasir Hussan Shah, Law Minister Murtaza Wahab, information secretaries Ejaz Baloch and Rafique Ahmed Buriro and Sindh Director Information Saleem Khan.

Ali also appreciated the vision and determination of federal Human Rights Minister Shireen Mazari who was responsible for providing a workable framework for journalists’ safety legislations in Pakistan.  He hoped that prompt and effective consultations would be held in all media centres of the country so that the bill could be further improved and then be approved at the earliest by the National Assembly.

Ali hoped that Punjab, Khyber Pakhtunkhwa and Balochistan provinces as well as Gilgit Baltistan and Azad Kashmir would follow suit and enact similar laws without any delay.

Without the right to tell the whole story, journalism that challenges entrenched power may become a thing of the past. This is why the new bill tabled before the National Assembly to protect journalists in Pakistan – ranked by international media watchdog bodies as one of the most dangerous countries in the world for journalists – is welcome. Sindh has also put forward a bill in its provincial assembly to keep journalists safe. The federal bill, which covers the whole of Pakistan, essentially gives journalists the right to be granted complete protection of security and life. In addition, their privacy or ability to keep sources private is to be protected and harassment or other acts of coercion are to be made punishable offences. A commission consisting of a chairperson with at least 20-year experience in law, justice and human rights sectors is to head this body, with representatives from the PFUJ and press clubs in all provinces of the country also forming a part of the body.

The bill also bars harassment or threats to journalists, and we assume this includes the enforced disappearances we have seen recently with a number of journalists ‘picked up’ not-so-mysteriously. In this context, the federal bill also says that the national security excuse cannot be used against journalists, when they file stories which are fair and backed by evidence. The Sindh law too contains similar measures and strongly protects the rights of journalists to avoid making the sources of information provided to them public in any fashion. Pakistan badly needs such laws in a time when journalists are facing more harassment than at any other time in the country’s history – with some saying it is reminiscent (or even worse) of the Zia era. The question however, as is always the case, is implementation of law and the question of real will behind it. Only if the will is there will the bills have any meanings. Otherwise, like other laws enforced in the country, they simply turn into pieces of paper with little real context in the lives of journalists, who today struggle to tell the stories they have, and must deal with a huge amount of self-censorship. The people have a right to know and denying them this only leads to more frustration, conspiracy theories and fake news.

There must also be the recognition and realization that passing such laws should also entail undoing other legislation and regulation that seeks to stifle a free press or act as a tool of censorship. We hope then that the draft bills will be turned into law and will be implemented fully across the country, as has been promised by the human rights ministry while also hoping that it is implemented and journalists are protected from censorship via unofficial directives, or through the power of the purse, or through violent intimidation.

The bill also bars harassment or threats to journalists, and we assume this includes the enforced disappearances we have seen recently with a number of journalists ‘picked up’ not-so-mysteriously. In this context, the federal bill also says that the national security excuse cannot be used against journalists, when they file stories which are fair and backed by evidence. The Sindh law too contains similar measures and strongly protects the rights of journalists to avoid making the sources of information provided to them public in any fashion. Pakistan badly needs such laws in a time when journalists are facing more harassment than at any other time in the country’s history – with some saying it is reminiscent (or even worse) of the Zia era. The question however, as is always the case, is implementation of law and the question of real will behind it. Only if the will is there will the bills have any meanings. Otherwise, like other laws enforced in the country, they simply turn into pieces of paper with little real context in the lives of journalists, who today struggle to tell the stories they have, and must deal with a huge amount of self-censorship. The people have a right to know and denying them this only leads to more frustration, conspiracy theories and fake news.

There must also be the recognition and realization that passing such laws should also entail undoing other legislation and regulation that seeks to stifle a free press or act as a tool of censorship. We hope then that the draft bills will be turned into law and will be implemented fully across the country, as has been promised by the human rights ministry while also hoping that it is implemented and journalists are protected from censorship via unofficial directives, or through the power of the purse, or through violent intimidation.

Newspaper: The News

KARACHI: The journalists and other media practitioners shall have protection against disclosure of professional sources of information under The Sindh Protection of Journalists and other Media Practitioners Bill 2021 that also bars government officials and institutions from forcing them to disclose the identity of their professional sources.

According to the draft of the new media law, the protected information gathered by journalists and other media practitioners includes, but is not limited to, information gathered in the field through interviews or personal observations, telephone conversations, and information gathered online or through digital platforms.

Besides, the draft bill says that no journalist or other media person shall be subjected to any unlawful or arbitrary restrictions on their ability to perform their work independently, and without undue interference.

‘Employers shall be responsible for providing adequate insurance for vulnerable media practitioners’

The bill was presented in the Sindh Assembly on Friday by Information Minister Syed Nasir Shah and later referred to the Standing Committee on Law, Parliamentary Affairs and Human Rights, which will present its report within three days in the house after its scrutiny.

The bill enables the provincial government to take effective steps to ensure that every journalist and media practitioner’s right to life, safety and security as provided under Article 9 of the Constitution are safeguarded.

The government will also ensure that effective steps are taken to protect journalists and other media practitioners from harassment, violence, and threats of violence by any person or groups of persons or public or private institution or authority in both physical as well as online and digital spaces.

Training and insurance

Under the Act, the employers shall be responsible for providing adequate insurance and training for vulnerable journalists and other media practitioners who may be at risk of being attacked, injured, or killed because of their work.

The government will coordinate with the Pakistan Federal Union of Journalists (PFUJ), All Pakistan Newspaper Society (APNS), Council of Pakistan Newspaper Editors (CPNE) and Pakistan Broadcasters Association (PBA) to ensure the provision of adequate insurance of and training for journalists and other media practitioners who may be at risk of being attacked, injured, or killed because of their work.

The government will coordinate with stakeholders including, but not limited to, PFUJ, APNS, CPNE, and PBA and civil society organisations to develop safety policies and protocols for journalists and other media practitioners and to institute effective safety programmes catering to different categories of journalists and other media professionals such as reporters, photojournalists, video camera persons, district correspondents, etc.

Combating impunity

The bill said that no act of harassment and violence committed against journalists or other media practitioners shall be exempted from immediate and effective investigation and prosecution.

It added that threats of violence or harassment against journalists or other media practitioners shall be considered as actual acts of violence or harassment for the purposes of this Act.

Under the Act, the government shall develop and implement effective strategies for combating impunity for crimes against the media that will include:

i. Monitoring and conducting investigations into cases reported by journalists and other media practitioners, their families, unions, media associations, or civil society organisations, working on the protection of life, safety and security of journalists and other media practitioners.

ii. Coordinating policy and action between relevant government authorities at local, provincial, and federal level.

iii. Coordinating with relevant stakeholders including civil society organisations, unions, employers, and media industry associations as well as government departments to implement the United Nations Plan of Action on Safety of Journalists and the Issue of Impunity.

Establishment of a commission

As per the new media law, the government shall establish a commission to be known as the Commission for the Protection of Journalists and other Media Practitioners (CPJMP) to exercise the powers and perform the functions under the Act.

It will consist of a chairperson, secretaries of the information, home, law and human rights departments as ex-officio members and non-official members from the PFUJ, APNS, CPNE, PBA, Sindh Bar Council, Human Rights Commission of Pakistan and Sindh Information Commission.

The commission would be headed by a chairperson, who would be a serving or retired judge of the high court or a retired civil servant of BPS-20 grade having demonstrable knowledge of, or practical experience in, the matter relating to law, justice, public administration and human rights.

The commission shall be an autonomous body and shall have powers to regulate its own procedures and to formulate its own rules and regulations.

The CPJMP may also raise money from other sources subject to its procedures, rules and regulations and it will have authority and autonomy to staff and manage the secretariat.

Functions of CPJMP

The commission will look into the complaints to be filed before it in respect of an act of harassment, sexual harassment, violence, and threats of violence committed as per Article 3 of this Act against a journalist or media practitioner.

Whether perpetrated by any person or group of persons or public or private institution or authority, the aggrieved journalist or other media practitioner, employer, union, relevant civil society organisation, or media association, shall file a complaint against the same before the commission within 30 days of the incident.

Under the Act, the commission can also take suo motu notice of any attack on a journalist or media practitioner.

It said that if the commission finds that any person or groups of persons or public or private institution or authority is, directly or indirectly, involved in violating, or attempting to violate, the rights to life and safety as defined in Article 3 of this Act, it shall report the same to the government within 14 days of the incident, and recommend an appropriate course of action against the perpetrators of these violations.

As per the Act, the commission shall be deemed to be a civil court to the extent that is described in sections 175, 178, 179, 180 and 228 of the Pakistan Penal Code, and it shall have the equivalent of contempt of court powers if its directives relating to Article 14 (g) are not complied with.

The commission will create a website to enable online registration of complaints, and to provide updates and the status of the cases reported to it.

Newspaper: Dawn