Limits
to freedom of speech
Muhammad
Jamil
The nation has witnessed some
anchorpersons in the TV talk shows unleashing avalanche of blistering censure
against military and intelligence agencies in Pakistan. There was also
criticism on media trial of politicians while reporting the cases in the
courts. Though most of media men condemned attack on Hamid Mir, Geo anchor
persons and editors are critical of anchorpersons of other channels for their
condemnation of Geo TV's act of casting aspersions on the ISI and its chief Lt.
General Zaheerul Islam. Geo media men say that anchorpersons of other channels
are jealous of Hamid Mir because of the status he enjoys being the most
prominent of all the anchorpersons. Some analysts say that strong institutions
i.e. ISI and Geo group are at loggerheads. How unfortunate that they compare the
institution that gives supreme sacrifices for the defence of the country with a
media group accused of disparaging and disgracing the premier agency, which is
eyes and ears of the armed forces. Sober elements in the media and civil
society have been demanding that media should work out some code of ethics. In
the past, whenever government or PEMRA tried to take initiative in preparing
code of ethics, there was resistance from the media, as they wanted all organs
of the state vis-à-vis Parliament, Executive and Judiciary be accountable
except media. There is a perception that Geo group has assumed the role of a
king maker. In March 2014, PEMRA had reportedly informed the sub-committee of
the Standing Committee on Information and Broadcasting that "it has been
issuing instructions from time to time that statements from leaders of banned
organizations and anti-Pakistan elements defaming armed forces and judiciary
should not be carried by print media or aired by TV channels. Yet most English
dailies and TV channels flouted those instructions with impunity". They
should pay heed to those guidelines to avert harsh action.
Freedom of speech and expression is
enshrined in Article 19 of the Constitution of Pakistan but subject to any
reasonable restrictions imposed by law in the interest of the integrity,
security or defence of Pakistan or any part thereof, friendly relations with
foreign States, public order and decency or morality etc. Provisos in Article
19 besides, Article 63(1) (g) of the Constitution of Pakistan disqualifies a
person from serving in parliament if he has been convicted by a court of
competent jurisdiction for propagating any opinion, or acting in any manner,
prejudicial to the ideology of Pakistan, or the sovereignty, integrity or
security of Pakistan, the integrity or independence of the judiciary of
Pakistan, or which defames or brings into ridicule the judiciary or the Armed
Forces of Pakistan. In other words, nobody should ridicule the judiciary and
the military, and the Article 19 should be read in its entirety.
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