Media and Governance – Page 34 – Pakistan Coalition on Media Safety

November 11, 2018

Journalist goes missing

KARACHI – A veteran journalist and member of Karachi Press Club Nasarullah Khan was picked up by the personnel of law enforcement agencies in the wee hours of Saturday, said the family members.

Nasarullah, who works as a sub-editor at Urdu Daily, was allegedly taken into custody outside his residence in Garden area and since then his whereabouts are unknown.

The wife of missing journalist Ghulam Fatima submitted an application at Soldier Bazaar police station according to which the personnel – some of them were wearing plain clothes and others were in uniforms – took her husband into custody at the ground floor of their apartment located in Garden area of the city. “Then they took Nasarullah to our flat and kept searching in the residence, asking other family members to remain in other room,” the application reads.

She added that the personnel had asked if any other male member of the house also there and took her husband to his father’s residence located in the same apartment when they realised that there was no other man in the house.

She submitted in the application that the personnel also searched the entire house of her father in law and assured that Nasarullah would be released within one and a half hour when the family members asked the reason of his arrest.

“I request the police department to recover my husband at the earliest,” Fatima lamented.

Meanwhile, the Pakistan Federal Union of Journalists and Karachi Union of Journalists has expressed their severe concern over the disappearance of journalist and Karachi Press Club member Nasrullah Khan after a raid at his residence from plainclothes personnel and demanded of the Sindh governor, chief minister Sindh, Karachi corps commander, DG Rangers and Sindh IGP tohalt such steps to harass the journalist community and silence the dissenting voices.

They warned of protest in case the missing journalist is not recovered. They made these demands in a hurriedly called meeting of the PFUJ at the Karachi Press Club that was chaired by PFUJ General Secretary Sohail Afzal Khan and attended by the KPC president, general secretary and members of journalist unions.

The meeting termed the arrests as an attack on independent media and linked it with a two day back raid from security personnel on the KPC that was unprecedented in the history of the KPC when the security personnel entered its premises.

“The arrest is aimed to halt country-wide protests against the intrusion in the Karachi Press Club,” said the joint statement and added that such actions were taken to harass the journalist community that wanted to raise its voice against the shameful act of the intrusion.

They demanded of the authorities to immediately release Nasrullah Khan and the state and its institutions should clear its policy as to why such steps were taken to impose censorship on the fourth pillar of the state.

The Nation

The Nation: Fear In The Press Club

The Nation: Missing journalist Religious parties to raise issue at SA

November 10, 2018

Journalists stage sit-in over KPC intrusion

KARACHI: Journalist community on Friday staged the sit-in outside Governor’s House to protest against the intrusion of security men in plain clothes in the Karachi Press Club (KPC) and demanded of the authorities to bring the culprits to book.

It is pertinent to mention here that number of gunmen in plainclothes reached the KPC in various expensive vehicles and barged into club late on Thursday. Witnesses said that the gunmen created harassment and panic among the journalists present at the time of raid.

Witnesses said that armed men roaming in different parts of club and examined different portions of the club including kitchen, upper floor of the building and sports hall. The gunmen were also captured the videos of club and also taken the pictures of club. When the journalists asked the gunmen about their identities and cause behind such action but personnel in plainclothes remains tide lips and failed to justify action.

They said that gunmen completed their operation and managed to flee without giving any reason behind such the raid. Witnesses said that gunmen apparently associated with some security agency used highly expensive vehicles and also a police mobile. The KPC administration immediately informed to the concern authorities and demanded an immediate inquiry.

On Friday, a condemnation reference was also held at the Karachi Press Club before the rally in which the KPC President Ahmed Malik and General Secretary Maqsood Yousufi demanded of the provincial and federal authorities to bring those involved in the incident to book.

They said that it was unprecedented in the history of the press club that armed security men would enter its premises and harass the journalist community. “Such acts undermine the government claims of independent media and should be thoroughly investigated,” they demanded.

Later, a rally was taken out from the Karachi Press Club and a sit-in was staged at the Governor’s House.

Meanwhile, a delegation of the KPC led by KPC President Ahmed Malik and General Secretary Maqsood Yousufi met with Sindh Governor Imran Ismail, who assured of his full cooperation to bring those involved in the incident to book.

The governor said that he would take up the issue with Prime Minister Imran Khan and action would be taken against anyone involved in the incident. The KPC office bearers announced to end their sit-in after the assurances and said that they would not tolerate any attack on the media.

“We are ending our sit-in after assurances from the governor and a progress report of the incident will be conveyed to us soon, they said.

Furthermore, the provincial government has termed the incident a misunderstanding. Initial investigation has revealed that the action on KPC was conducted due to the confusion as the GSM locator traced incorrect location said that Adviser to Chief Minister Murtaza Wahab adding that provincial rulers were standing by journalist and always ready to the address the matters of journalists.

Meanwhile, the Pakistan Federal Union of Journalists (PFUJ) has strongly condemned the entry of armed people into the premises of the press club and demanded of the provincial government of Sindh to set up a high level inquiry to investigate the incident.“The trespassing of the press club by armed people who apparently belonged to some security agency appears to be an attempt to harass the media a joint statement issued by PFUJ President Afzal Butt and Secretary General Ayub Jan Sarhandi said on Friday.

“Let the PFUJ make it very clear to such elements that journalists cannot and will not be cowed down by such tactics aimed at controlling the media,” the statement said.

The PFUJ leaders said that the successive governments in Pakistan have tried to control media through one way or the other but the journalists have successfully thwarted all such efforts.

“If such elements or any institution considers that the journalists will back out from their struggle for a free media and right to expression, they are sadly mistaken,” the statement said. “Let it be very clear to all that journalists will not be brow beaten and continue to resist all such actions aimed at curbing the freedom of expression in the country.

The Nation

Dawn: KPC incursion

November 9, 2018

Ex-senator’s interview: ATC issues arrest warrants for female anchor

ISLAMABAD: An anti-terrorism court (ATC) has issued non-bailable arrest warrants for a female anchor, who had conducted a controversial interview of former senator Faisal Raza Abidi.
The court issued orders while hearing a case pertaining to anti-judiciary remarks given by Abidi during an interview on a web-based television channel. The court has ordered the authorities to arrest Shanzay Rahman and produce her in the court on Nov 20.

An investigation officer informed the court that the accused belongs to Karachi and search is under way to arrest her, adding that her cell-phones are also not responding. Three cases were registered against Faisal Raza for allegedly defaming the judiciary and using threatening language.

On October 10, the Secretariat police arrested the PPP leader after he appeared for the hearing of a contempt case against him in the apex court. Islamabad High Court (IHC) had also rejected Faisal Raza Abidi’s plea to dismiss the contempt of court case lodged against him over ridiculing the judiciary.

The News

November 9, 2018

SC restrains media from airing public comments in sub judice matters

ISLAMABAD: The Supreme Court of Pakistan on Thursday issued a verdict wherein the media has been restrained from airing public comments regarding sub judice matters.

“The oft-used term ‘media trial’ is a real phenomenon and cannot be allowed where the fate of sub judice matters is being decided on public forums as not only the minds of the public are being influenced, but also potentially the minds of the judges, lawyers and investigators, which would obviously tend to prejudice the sub judice matter,” says a 33-page verdict authored by Chief Justice of Pakistan Mian Saqib Nisar in a contempt case against anchorperson Arshad Sharif.

The ruling says that the journalist community and media at large is either misinformed or if not misinformed have silently tolerated such demeanour for so long that the internationally accepted standards for responsible journalism are so far from their line of sight that they fail to see its limits that they so carelessly and recklessly exceed without so much as a speck of remorse.

The court said that the freedom of speech and the right to information provided in Articles 19 and 19A of the Constitution are in no manner “unqualified rights” and may be made subject to regulation and reasonable restrictions. Therefore, while they are to be safeguarded, they cannot be used as a casual excuse to trample on other fundamental rights of another, particularly those which guarantee citizens the right to be dealt in accordance with law and the right to fair trial and due process enshrined in Articles 4 and 10A of the Constitution.

“Drawing assumptions, inferences and conclusions from evidence or the documents filed in a case and stepping into the shoes of a judge on broadcasted programmes may not only convict the accused in the eyes of the public regardless of whether he is ultimately exonerated by a court, but certain comments or opinions may be voiced which could potentially instill bias and prejudice in the minds of the judges, particularly to those who are dealing with the sub judice matter, thereby violating the fundamental rights under Articles 4 and 10A of the Constitution of the persons involved in such matter,” says the verdict.

At the heart of the debate is the need for a balance to be struck between freedom of expression and the administration of justice.

In the context of International law and Pakistan’s international commitments in this regard, lies the International Covenant on Civil and Political Rights (ICCPR) to which Pakistan is a signatory since 2008. While Article 19 of the ICCPR protects, inter alia, the right to hold opinions without interference, the right to freedom of expression and right to impart information.

“All licensees should be sent a notice/reminder of their basic ethics and objectives, standards and obligations under the Code of Conduct, particularly Clause 4(10) thereof, in that, editorial oversight should be observed prior to the airing of all programmes and any programme, the subject or content of which is found or deemed to be in violation of the Code of Conduct in its true letter and spirit, should not be aired by the licensee.”

The court says that while content based on extracts of court proceedings, police records and other sources are allowed to the extent that they are fair and correct, any news or discussions in programmes shall not be aired which are likely to jeopardise ongoing inquiries, investigations or trials.

In compliance with Clause 5 of the Code of Conduct, the court ordered that all licensees should strictly ensure that an effective delaying mechanism is in place for broadcasting live programmes to ensure stern compliance with the Code of Conduct and Articles 4, 10A and 204 of the Constitution, which talks about protect the rights of individuals as well as contempt of court.

“In compliance with Clause 17 of the Code of Conduct, an impartial and competent in-house Monitoring Committee shall be formed by each licensee, with intimation to PEMRA which shall be duty bound to ensure compliance of the Code of Conduct,” reads the ruling.

With regards to the Monitoring Committee, the court directs that licensees (TV channels) include (for each of its meetings) at least one practicing lawyer of at least five years or above practice, with adequate understanding of the law to advise the licensee regarding any potential violations of the Code of Conduct by programmes to be aired in the future.

In compliance with Clause 20 of the Code of Conduct, each licensee (TV channel) shall be required to hold regular trainings of its officers, employees, staff, anchors, representatives etc with regards to ensure compliance with the Code of Conduct with the schedule and agenda of these regular trainings to be intimated to PEMRA through the Monitoring Committee.

If any licensee is found to have violated or failed to observe the Code of Conduct in its true letter and spirit, particularly Clause 4 of thereof, and/or Articles 4, 10A and 204 of the Constitution, strict and immediate action should be taken against such licensee in accordance with Section 33 of the Ordinance.

The court also observed that the Supreme Court or any high court retains the power to take cognisance of the matter and shall exercise its contempt powers under Article 204 ibid where such court is of the opinion that it is appropriate in the facts and circumstances of the case for it to do so and the unconditional and unqualified apology tendered by Arshad Sharif is accepted in view of the fact that in our opinion it has been tendered sincerely and he has expressed remorse and regret promising not to repeat such reckless and irresponsible behaviour in the future.

Sharif is also warned to be extremely careful in the future, says the judgement.

At the heart of this sub judice rule lies the view that an essential element of fair trial is an impartial judiciary and one simply cannot turn a blind eye to the fact that comment on a sub judice matter in the media or any other widely circulated publication has at least the potential of having an indirect effect on the minds of the judges seized of a matter.

Although judges have the ability to ignore any irrelevant considerations while adjudicating a matter, the mere risk or danger of causing prejudice to a pending matter is sufficient for the law to step in to protect the right of the one being adversely affected. While public interest may at times require that information be provided regarding a certain case, strict guidelines with regards to such publication are necessary to be imposed so as to ensure that the fundamental rights of all persons are given equal weightage including the accused or those involved in such proceedings.

The verdict said that a balance therefore must be struck between the right to freedom of speech and information on one hand and the right to fair trial, to be dealt with in accordance with law and of due process on the other. No person must be deprived of his fundamental right to be tried by an impartial judiciary and unbiased judge and an objective and fair trial unless a certain allegation is proved against him strictly in accordance with the law.

While on one hand such programmes are allowed to be aired thereby protecting the freedom of speech and the right to information; the requirement that they ought to be aired in an informative and objective manner and that no content should be aired which tends to prejudice the determination by a court, tribunal or any other judicial or quasi-judicial forum, ensures that the right to fair trial, to be dealt with in accordance with law and of due process are duly safeguarded. In fact, the Code of Conduct aids the broadcast media and distribution services in compliance of their responsibility under the Code of Conduct by providing pragmatic measures to ensure that they stay within the permissible boundaries of freedom of speech prescribed in the law when it comes to reporting sub judice matters, says the verdict

The court said that the law in Pakistan by virtue of the Code of Conduct in fact places greater trust in its media and journalist community by trusting that they will provide objective information about pending proceedings while taking precautions that they do not pass subjective or prejudicial comments in such regard.

The Express Tribune

Dawn: SC orders Pemra to ensure editorial monitoring of shows before they are aired

November 5, 2018

Media coverage

THE Pakistani media’s tragic flaw is that rather than cover the story, it is too often part of the story. So it is again with regards to media coverage of last week’s TLP protests. All stakeholders — the government, the protesters, the public — had strong opinions on how the media should cover the mayhem. And as often happens, all stakeholders were disappointed.

As the protests gained momentum, the de facto media blackout was observed. Those who value press freedom find blackouts discomfiting; they are after all a form of censorship. They invite the kind of outrage that rightfully followed the decision to ban TV broadcasts and block social media outlets during the Faizabad episode in 2017.

But absolutism falters when people incite murder, violence, civil disobedience. Even those who abhor censorship concede that broadcasting trouble spurs more trouble. Excessive media coverage of provocative statements and protests can lead to even more widespread unrest. In this case, media regulation would have also prevented coverage of some protest leaders’ incendiary statements.There is little sympathy for the media’s dilemmas.

But what about accountability to the public? Such a blackout means that citizens remain uninformed about the nature, scale and location of protests, impacting free movement and public safety. Moreover, there is now scant public record of a three-day period of nationwide vandalism. Citizens seeking compensation for loss of property will sadly find no evidence to back their claims in media reports.

In such sensitive situations, the media’s knee-jerk response is to follow the government’s lead. But what are outlets to do when the government’s communications on a tense situation are more inept than those of the agitators? Consider how the PTI’s federal and public representatives offered contradictory statements on negotiations, while the TLP spokespeople emerged as more accurate sources of information.

These conundrums left the media in the crosshairs of a conflicted public. Some wanted the media to block anti-state voices; others derided the media for failing to cover the protest leaders’ statements, deeming it part of a wider conspiracy. Still others took matters into their own hands, with Pakistani Twitter users rallying the social media platform to ban Khadim Hussain Rizvi’s handle.

Of course, there is little sympathy for the media’s dilemmas. The industry is still accused of irresponsible coverage and debate and, because of this, of being complicit in the targeting of some political personalities. Social media users were also quick to point out that channels that last week refused to air TLP statements were happy to echo the party’s rallying cry and glorify its leadership during the Faizabad sit-in and in the run-up to elections as part of a wider effort to undermine the PML-N.

The media’s about-turns on the party, Aasia Bibi and the blasphemy laws more broadly have several drivers. A main one is the fear factor — media personnel know that few other issues can spark death threats and mob violence as rapidly, and prefer to err on the side of caution.

Another driver is the fact that the industry, ultimately, also comprises several individuals whose reports reflect their ideological positions. The Supreme Court verdict in the Aasia Bibi case has been divisive, and emotions run high on both sides. The media is not isolated from the society on which it reports, and reflects the same schisms as the public.

These drivers explain why the debate has been around how the media covered the protests, and not the verdict itself. Few have asked why the media didn’t explain the verdict’s legal argumentation or defend its constitutionality. In today’s Pakistan, no one even expects this of the fourth estate. There is no place for such wishful, naive thinking.

It is worth noting that good ol’ fashioned responsible journalism — the type that strives towards objectivity and impartiality, that is fact-checked and proportionate to the news value of the development, that adheres to existing media regulation — would have saved the media from its dilemmas. It is possible to cover protests in a way that does not contribute to mayhem, and that holds all stakeholders accountable. But we already know that our media does not do responsible journalism.

And we also know that our media is beholden to higher powers. Its vagaries are those of the state institutions that dictate its coverage. The failings of reportage are ultimately a reflection of the failings of state policies.

And so it is that the major story emanating from last week’s protests was about protesters stealing bananas from a child’s cart. This is what media coverage looks like when the fourth estate cannot engage in the politics and ideology inherent to a story. With hints of civil unrest in the air, with extremists pitted against all state institutions, all we get is a bunch of bananas.

Dawn

November 2, 2018

Undemocratic regimes want to wipe out press freedom: Bilawal

ISLAMABAD – Pakistan People’s Party chief Bilawal Bhutto Zardari Thursday said that impunity for crimes against journalists was an international issue as undemocratic regimes, extremist and anti-people forces are bent upon to wipe out press freedom from the globe. In his message on the International Day to End Impunity for Crimes Against Journalists being observed on November 2 (today), the PPP chief said that no single nation can eliminate this cruel injustice and solution in this regard is linked in serious, coordinated and practical steps by the international community.

He said, on the one hand, previous government of the rightists promoted paid journalism while current selected government has squeezed the space for bona fide and independent journalists on the other.

Bilawal expressed concern over the perception that professional bodies of journalists were declaring Pakistan as dangerous country for media persons but rulers and corporate media was portraying everything alright.

The PPP Chairman pointed out that all the PPP governments had been burying the dark laws imposed by dictatorial regimes against press and media but rightist forces installed as rulers always start gagging them. He said journalists and media persons were still facing insecurity and media institutions are fighting the war of survival. “Democracy and press are deeply interlinked. PPP considers struggle for freedom of press as key part for the movement of strengthening of democracy,” he asserted.

Meanwhile, former President Asif Ali Zardari congratulated people of Gilgit-Baltistan on the eve of anniversary of end of Dogra Raj. In a message, the PPP co-Chairman said that people of G-B achieved liberty after a long and historical struggle. “People of GB were promised their own province and identity by Benazir Bhutto which was fulfilled by the PPP government. Today GB has its own assembly, governor and chief minister. Progress and prosperity of GB is the manifesto of PPP,” former President said.

Separately yesterday, Amir Fida Paracha, the spokesperson to the former President Asif Ali Zardari, strongly condemning the increase in petroleum prices has declared this increase a callous and anti-people act of PTI government.

Paracha said that by the increase of petroleum products, the prices of everything will go up and poor people will be affected. “There will also be an increase in travel fare for the poor people of Pakistan,” he said.

The PPP leader said that the increase in gas and power tariffs coupled with the increase in petroleum prices was an unbearable burden for the poor. “(Prime Minister) Imran Khan instead of increasing prices should provide one crore jobs and 50 lac houses to the people,” Paracha said.

The Nation

November 1, 2018

A new press gag plan

WHY is the PTI government keen to revive the N-League scheme to bring the press under a Pemra-like law? Is it because the proposed law is one of the most regressive measures against the print media devised in over a hundred years?

In 2017, the press fraternity protested vigorously against a draft law to set up a Pakistan Print Media Regulatory Authority, and replace the Press Council Ordinance and the Press, Newspapers, News Agencies and Books Registration Ordinance, both of 2002. The then minister of state for information denied her ministry’s role in drafting the bill, and she might have been right. In any case, the idea was shelved. Now the government has circulated among some of the stakeholders a plan to make a law to set up a Pakistan Media Regulatory Authority that will “provide for the development of electronic, print and digital media”.

This expanded version of the 2017 bill deserves to be rejected for a number of reasons. First, instead of revealing the whole draft of the bill, the government has only disclosed a licensing system to control the electronic, print and digital media and the composition of the authority that will administer it. This, along with honeyed declarations about improvement in “standards of information, education and entertainment, consolidation of different laws into a single enactment, and online facility for disposal of matters that will save applicants from running from pillar to post”. But the document does not include any information about the terms of licences, the punishments for any breaches, or any system of appeal from the proposed authority’s punitive orders, except for a passing reference to the possibility of the federation’s seeking a province’s views while proceeding against a licensee. The teeth of the authority have been concealed.The proposed legislation will deprive the press of the rights won by it over the past 70 years.

Both attempts to control the media (the drafts of 2017 and 2018) proceed from the fallacious assumption that the Pemra Act is an ideal law and that it can be extended to the print media. The summary powers given to Pemra to tame the electronic media are violative of the fundamental right to freedom of expression and we will deal with this matter some time later. At the moment, we are concerned with the grave threat to the print media, which is a different kind of fish.

The move to bring newspapers (and presumably books and other publications) under a licensing system must be resisted as it is in conflict with Article 19 of the Constitution (freedom of the press and freedom of expression) and basic human rights, and seeks to extinguish the right to print and publish traditionally available not only to publishers of newspapers but to all citizens (authors of books, etc).

The system of regulating the print media in vogue since the mid-19th century has been based on any citizen’s (originally any person’s) right to publish a newspaper or a periodical journal. The only condition is that he informs the district authority of the name and address of the printer and publisher, so that the liabilities for a breach of the law could be fixed. This process was described as filing a declaration, which was distinguishable from a licence.

The declaration became authorisation to publish when the district magistrate authenticated it. Authentication could be declined for a few technical reasons, and cancelled for a breach of the relevant press law. Getting a new declaration in place of a cancelled one was no problem until Independence.

Post-Partition, provincial governments in both wings of the country abused the provisions of the Press Act of 1931 to suppress dissent. The act was an emergency law enacted by the colonial rulers for a short period, but it remained in force in Pakistan until 1963. The stringent law introduced that year by the Ayub regime placed many curbs on newspapers. United action by editors, proprietors and journalists, including a one-day strike, forced it to issue another, somewhat milder, ordinance the same year, which lapsed many times and stood revived again and again until it was replaced in 2002.

The Ayub regime made authentication of the declaration extremely difficult but, in theory, a citizen’s right to publish was not erased. To undo the regime’s many attacks on the print media, including the creation of the infamous Press Trust, the authors of the 1973 Constitution took the extraordinary step of specifically mentioning freedom of the press while guaranteeing freedom of expression in Article 19.

The right to publish began to be informally denied by Gen Zia who converted, without any legislation, the declaration into a licence that he alone could grant.

The Federal Shariat Court and eventually the Supreme Court came to the rescue of the press and struck down the power to indefinitely delay authentication of a publisher’s declaration. Since 1990, the law is that if a declaration is not rejected/authenticated within three months, it will be deemed to have been authenticated. The right to publish has never been abrogated.

The proposed legislation will deprive the press of the rights won by it over the past 70 years. It amounts to depriving the people of a right that holds the key to many other rights.

In the last three paragraphs, the authors of the document express concern about unemployment in some departments, and suggest avoidance of the federation’s conflict with the provinces by taking the latter on board before the new law is drafted. The government is advised against giving impression of authoritarianism, because centralisation is against the spirit of democracy and the media might protest.

All languages have many expressions about this kind of doublespeak. Mock concern for rights will not wash away the mischief in the move to tighten thought control.

Dawn