Freedom of Press and Journalism in Pakistan: Politics, Institutions and Society

ABSTRACT:

This article essentially pertains to and discusses the role of political forces, state institutions (intelligence agencies, army, etc.) and rigid society in the hindrance of freedom of speech, free flow of information, transparency, right to information, proper accountability and good governance. The article draws comparisons between the historical accounts of barbarian- ism and misuse of power to hinder the freedom of speech and expression of journalists with the current situation and how the same issues are either prevalent or resolved today, or how new and more complicated issues have risen. The article also elaborates on the factors that contribute to such violence in the Pakistan’s press landscape and what steps might be taken to solve them; gender discrimination, lies, secrecy, lack of training and equipment, propaganda , etc. How the press laws have changed the scenario for better (or for worse?). In this mainly quali- tative research, sensitive issues and why they occur are discussed, in order to pinpoint the root cause and recommendations to solve these prevailing problems.

1. INTRODUCTION:

The freedom of media and the press is rudimentary principle that communication through any media, whether print or electronic, should be considered a right to be exercised freely. Such type of freedom implies absence of intrusion from an overreacting state; it’s imminent that it’s preservation may be demanded through constitution and other legal protection and security. In some countries the freedom of press is not recognised by the constitution as a due right but this does not mean that it is not exercised and recognised as such. A striking example would be that of United Kingdom. According to The New York Times, “Britain has a long tradition of free and inquisitive press.” It is to be noted that Britain does not have constitutional guarantee of freedom of press.

Article 19 of the United Nations Declaration of the Human Rights states “Everyone has the right to freedom of opinion and expression.” Article 19 of International Covenant of Civil and Political Rights (ICCPR) reiterates the same motivating force as the above article of UNDHR. It states “everyone shall have the right to freedom of expression.” UDHR further explains that the rights to freedom of expression includes ‘freedom to seek, receive and import information through any media and regardless of frontiers.’ As information is crucial in order to form an opinion, therefore the right to freedom is is also right to hold opinion and free expression.

Before the right to information (RTI) was even recognised as such and a basic factor in the formation of an opinion, through the 20th century studies stated above (by UNDHR and ICCPR), two developments in 18th century are quite noteworthy in this regard. The first one is the Sweden’s Freedom of Information Law passed in 1766 and second is the First Amendment in the American Constitution passed in 1791. Sweden’s law is termed as the ‘premiere legal instrument in the world’ on freedom of information. While, the first amendment constitutionally guarantees freedom of speech. Both of these necessitates the freedom of information.

Concepts on Freedom of Information drafted by the Article 19, a UK based organisation is working on freedom of expression and superscribed by the UN Special Rapporteur on Freedom of Opinion and Expression (2000) proclaimed that “the law should make provisions for a number of mechanisms to address the problem of a culture of secrecy with in government.’[10] Besides and independent and diverse media also engages in a central role in informing people and allowing them to hold an opinion. This in turn permits the legal framework to: promote and protect people’s right to information.

1.1. Press Freedom In Pakistan: Is freedom of press and of journalists guaranteed and protected in Pakistan?In Pakistan, right to freedom of expression and and speech was acknowledged by the Constitution of 1956 and 1962. However, it wasn’t until the Constitution of 1973 of Pakistan, that included a specific provision of Article 19 on the freedom of expression and speech of media and public. It stated, “Every citizen shall have the right to freedom of speech and expression and there shall be freedom of press, subject to any reasonable restrictions imposed by the law in the interest of Islam or the integrity, security or defence of Pakistan or any thereof, friendly relations with foreign states, public order, decency or morality or in relation to contempt of court or incitement to an offence.”

The Article 19 of the constitution, guarantees freedom of expression and speech to both the citizens of Pakistan and its media. However, this freedom is restricted by law in the

name of blasphemy and treason but more often than not, it’s misuse has cost the Pakistan media its due right of freedom of speech and the journalists their career and lives. Though the right to information wouldn’t be recognised as such until the eighteenth amendment in 2010. While the press freedom is guaranteed in the constitution of Pakistan, there are still many players that will do anything but let their deeds come to Light, even if this means that they have to cross all lines and go against humanity and humans themselves.

1.2. Free Press and Democracy: A press free from influence or manipulation is salient and the very foundation of a democratic society. It is also one of the most cherished rights of media. Freedom to hold opinion and free expression are essential for a thriving democracy. It is an empowering framework to promote and protect people’s right (to information), restrict illicit practices by the government and secures the independence and diversity of the media.

Quaid-e-Azam, the founder of Pakistan Once said, “I expect press for complete fearless.” Sadly press in Pakistan failed to achieve the goal and standard set by Quaid-e-Azam. To be fair, the press in Pakistan has had to face its own fair set of challenges. It has had to face severe restrictions and withstand many obstacles and suffer severe interference under the culture of camouflage in bureaucracy.

Democracy in Pakistan has always had its fair share of threats and challenges. No prime minister of Pakistan in all of its history have ever completed their full five year term. To provide some perspective on the previous statement, Pakistan has had 29 premieres since it’s inception in 1947 and not one has completed their full term in the office. They were all either overthrown by the opposition or dismissed and succeeded by another general imposing martial law. This is due to the fact that national politics were mostly dominated by the army department of Pakistan and they did not shy away in playing their hand in making a mess of this country.

1.3. Media During Martial Laws: In the 76 years of Pakistan’s glorious history, for 33 years of its life it were under a martial law. Pakistan has witnessed a total of four martial laws in total and all of these were quite unnecessary and avoidable. During each of these martial laws, the rules were even more strict than before. With each of these martial laws, the media was more suffocated, the public and media were stripped of their freedom of expression and speech, politicians exiled, wars with neighbouring countries, jailing the judges, journalists and lawyers were the norm.[13]

Ayub Khan took charge of the Office in 1958 and continued for the next eleven years until his resignation in 1969. Before now, there was no concept of issuing any licenses, a regulating authority and no press laws. In 1962, with the establishment of Press Public Ordinance (PPO) this all changed. Any newspaper with an anti-government stance was stripped off of their major source of revenue- ads. This ended in many small scale newspapers closing down.

Furthermore, he established National Press Trust (NPT) in 1964 to provide aid to newspapers suffering financially, the catch was that once a helped by NPT, the newspaper was now controlled and censored by the policy of government. This led to a majority or big newspapers being controlled by government. The media was like a wind up doll for government. All they had to do was twist its keys and it would say whatever the government wanted. After, Ayub Khan’s resignation in 1969, the media dubbed his tenure as the ‘Golden Age of Development’. However his regime is known and considered a dark era in the history of media in Pakistan.

After his resignation, Yahya Khan took charge in 1969. The media was not allowed to comment on the political scenario and was heavily controlled. Even the actual results of 1970 election were not delivered by the media because it was not allowed to. Media had to look for other content to keep the audience occupied. This gave birth to sensationalism and all the previous standards of journalism now laid lowers than the deepest darkest nook of hell. After his resignation in 1971 for first time in 13 years Pakistan saw democratic government again. This did not last long.

In 1977, Zia-Ul-Haq took charge of the Office and the literal control of the media. The day he announced martial law was considered black day by PFUJ (Pakistan Federal Union of Journalists) who were fighting for freedom of press and safety of journalists. All the press offices hung black flags to show their contempt for yet another martial law. In Zia’s regime, the media was extremely censored. Journalists who dared to express conflicting views were tortured and imprisoned if they were not already executed. PPO was back and even stronger than before. He paved a wider road for sexism. Women were not allowed on TV without dupatta and scarf. These laws were regulated so strictly that women were beaten and thrashed. Many women news reporters resigned. In 1979, there were only 70 women in Pakistan’s prisons. By 1988, there 6000. According to Amnesty International (human rights organisation) reported that torture, imprisonment and violation of human rights increased steadily during 1981 and 6000 political prisoners were arrested in 1981, 20,000 political workers were hunted and executed and thousands more fled the country to seek asylum. Many female news reporters returned to announce the end of his term as a power move.

General Musharraf announced that he has imposed the martial law and took control in 1999. What would follow is a tenure not as openly barbarous practices and stance towards media as his predecessors. He adopted a more liberal policy towards media. The media had the freedom to say whatever as long as it was not against him. This was an illegal martial law[02]. To avoid any legal charges or proceedings, he had suspended judges, implemented a harsher and more fierce policy to control the opposition. However, during his regime we see a boom in privatisation of both radio stations and TV channels.

1.4.Challenges Faced by Journalists: Are journalists allowed to exercise their freedom of speech freely? In third world countries, the press freedom has its fair share of threats.

From rigid societies to religious pressure groups, the propaganda, lies and secrecy never ends. Lynch and Galtung (2010) concluded that news coverage in most conflicts is ‘embedded’ journalism and that the ‘communiques’ from the top (military) command.[08] The journalists face threats, torture, imprisonment and even execution if they are onto something that the government, institutions and organisations don’t want to come to light. A good example would be that of tribal areas in Pakistan.

Many of the tribal areas are not welcoming to the NGOs and respond with violence against their personnel. Inter-news Pakistan (a media related NGO) in June 06, showed that within first six months of war on terrorism (at least) twenty journalists in tribal areas were subjected to torture, killed, abducted, arrested or threatened by either local administration, law enforcement agencies or terrorists. Pakistan Press Freedom Report of 2007 deduced that most journalists in tribal areas have been forced to give up either their professions or their homes. The few that are left behind limit their coverage to harmless topics such as school functions and activities of administration offices. The main and only source of news in some tribal areas such as that of Waziristan is Inter Services Public Relations (ISPR) which is the official agency of army. The credibility of its news is quite questionable and treacherous. This is mainly because most of the news in these tribal areas is distributed after it’s written at its offices in Islamabad, where it’s offices are at. ISPR claimed that dozens of Taliban had been killed but there was no photo evidence produced in the first five years of this conflict. The ISPR had also processed that Swat had been cleared of all Talibans, however Radio News Network in 2009 claimed that an FM radio station was being run by the Taliban only a mere few days after the IDPs (Internally Displaced People) had been permitted to go back to their homes.

The regional differences, between FATA, Baluchistan, NWFP and other major cities are another crack in the glass of journalism. Journalists can face a threat to their lives just by belonging to an area with unappealing stereotypes. Journalists working in these areas can rarely take proper, necessary and required steps for their own security. They are putting themselves out in the field, in the view, making them an easy target. Not just cubs but many senior journalists have lost their lives, homes and career doing their jobs in these areas.

Moreover the malefactors behind the killing, assault and coercion of journalists can come from the military, intelligence services, religious and secular militants, political force and mafia. After the fall of militancy and rise of democracy, the threats and abuse faced by a journalist in Pakistan comes from all directions and extremes. Gender gap is widening as many of the news agencies would rather send a male journalist put in the field rather than a female journalist because of the rape and harassment threats that the women face for just doing their job.

1.5. Press Laws and it’s Implementation: What are the laws for press in Pakistan and are they properly implemented according to our constitution? At its independence, there were no press laws in Pakistan up until 1962. This changed the whole media landscape in the

country. There were licenses being issued, content regulated and rules to be followed. While in the initial stages of the press laws, the media was controlled by the government as much as possible to extremes. Now the press laws are more about the regulation of media content and restriction of inappropriate content and demeanour as much as possible.

With the introduction of more autonomous bodies like Pakistan Electronic Media Regulatory Authority (2002) and the passing of Defamation Bill by the National Assembly, the press laws were really taking shape and coming in their own. However, the major hindrance in there way is the implementation. Without proper, full and final implementation of these laws, the media landscape can only deteriorated in the long run. This is not a good option for a country that does not want to look like a complete and an utter chaos. It is not good for the public, the media, the state, it’s organisations and institutions.

2. RESEARCH QUESTIONS:

?For the purpose of this article we will be focusing on studying, answering in detail and improving the situation on three main questions;

i)Is the freedom of press and of journalists protected and guaranteed in Pakistan?

?ii)?Are journalist allowed to exercise their freedom od speech freely?

?iii)?What are the laws and the status of their implementation?

(iv)?Why is the role of a journalists essential and their freedom. Imperative for them to fulfil their duty?

(v)?What are the laws and the status of their implementation?

?(vi)?Is Pakistan worst country for journalists?

3. THEORETICAL FRAMEWORK:

?For the purpose of making our research more efficient; the framework for this article has been divided into two parts: the theoretical (deals with the examples, history and numbers) and the legal (deals with the explanation of laws and how they can be made more effective).

Pakistan in all of its glory has experienced both the kinds of governments; democratic and military authority (martial law). Throughout both of these governments, the media has had

to face tough restrictions, severe scrutiny and harsh conditions for its services. The duality of press of Pakistan is that throughout the years, it has (or at least some of it has) remained true to itself and never gave up on fighting for press freedom of speech and expression. A prominent organisation would be Pakistan Federal Union of Journalists (PFUJ), who fight for the protection, rights, freedom of speech and better treatment of journalists.

This article aims to study how freedom of speech took shape under the pressure of politicians, organisations and institutions in Pakistan and how these studies best define the current landscape of Pakistani media accurately.

While, some strong and very well established press laws exist in Pakistan, the implementation of these laws can almost be non existent. The defamation ordinance ensures that no one gets away with falsely accusing, damaging religion and ruining social image of someone or and organisations or a nation. There are still some loopholes due to which the justice may never be served in some cases. For this the utmost full and final implementation of these well fortified laws should be set in action as efficiently as possible.

The tribal areas, political parties, institutions, state intelligence agencies and other organisations may act as a pressure group to hurdle the Research of a journalist or have them run for their life for eternity. This can be done in the form of exercising power unjustly, strong resentment in tribal areas, extreme pressure, biasses and threats from political leaders.

4. LEGAL FRAMEWORK:

?This article also considers the legal framework of right to information as a core element in its research. The legal framework in the context of this article is when proper laws, ordinances or acts were brought into action for safeguarding right to information as an actual right in the proper scenario of Pakistani media and other sectors, how they held up the course of time and why were they needed. This is because without secure freedom of information as an absolute right, freedom of press and that of journalists is baseless. Why do the journalists need the freedom to say anything if the public does not have the right to the free flow of information?

There is definitely a clear relationship between the right to information and freedom of speech. However, the Pakistan’s constitution (1973) did not recognise it until 37 years later. In 1990, professor Khurshid Ahmed (Jamat-i-Islami) formally presented ‘Private Members Bill’ in the Senate (lower house), in the view of right to information. This didn’t hold its position and was not pursued any further.

It wouldn’t be unless a half a decade later when any new developments were made in this regard. Prime Minister Benazir Bhutto set up an anti-corruption committee to look into

factors contributing to corruption in the country and make recommendations. One of its main contributions was the endorsement of freedom of information act. Malik Miraj Khalid (the caretaker government after Benazir Bhutto’s regime) in 1997-99 propagated the freedom of information ordinance, it was declined. This was because Nawaz Sharif did not forwarded its presentation in the parliament.

It wouldn’t be until 2002 when a proper legal framework regarding the right to information was promulgated. Freedom of Information Ordinance (2002) was enacted upon by President General Musharraf. However it was only valid for federal jurisdictions. It was restricted (in application), limited (in scope), complicated (procedural) and deemed ineffective. This resulted in incorporation of Article 19-A in the constitution in 2010. The constitution recognises and deems the right to information as right of the public and demands transparency from government institutions in return. To summarise, all the shady business being done by Pakistani institutions under the framework of ‘no criticism’ is illegal. It is the right of the public to know what is taking place behind the curtains.

5. LITERATURE REVIEW:

In this article we will discuss about the press freedom, safety of journalists and press laws and organisations that are at work and those that are contributing to nothing by being a failure to the system.Why is the role of a journalists essential and their freedom. Imperative for them to fulfil their duty? Journalists tread on the heels of the tradition of relating stories orally. However, in their case, ‘the relaying of stories’ is conveying of facts pertaining to a story. These facts are separated from gossips and rumours by a journalist using their skills of observation, description and writing. ‘Journalism is contemplated to present with first draft of history’ (Tomalin, 1969).[17] Lynch also epitomised that ‘to grow up in the profession was to discover a hoard of impressions, claims, images and declarations’ (Lynch, 2013, p.2).[09]

The expectation of a journalist in society have always been to inform and educate the public. The role of a journalist is to be the watchdog in a society, safeguard public interest in a society and fulfil their duty for which they are socially responsible. Journalists possess the power to criticise those (in power) as a spokesperson for the public and societies, serving as their watchdogs (Siebert et al, 1963: Curran 2011). According to Kempf (2007), it is the moral obligation of journalists but it is not imposed by any external factor but rather comes with the territory. In return Kempf suggests firmly that this awarded journalist with a ‘trust bonus’. This trust bonus being that the public places their utmost faith in the journalist to serve the public, and provide them with the correct information.[07]

What would happen if this association is reversed? What if the journalist is stripped of their ‘trust bonus’ especially during a dispute (political, religious or ideological), when a journalist is not provided with access to the conflict. When no resource is available to them, when people are not willing to trust them, when they are unaware of the public suffering. The case in point: Pakistan’s tribal areas.

Is Pakistan the worst country for journalists? The mutual relation between the political and social identity of a person that comes together to create the situation of discrimination and privilege (intersectionality) and sexual violence is quite evident[14]. This discrimination is conducted on the basis of class, religion, profession, ethnicity and language and there are profuse grounds for women’s sexual abuse and oppression. It is beyond one’s own comprehension how many women suffer from sexual harassment due to gender discrimination in professional and personal areas of their lives. Female journalists face an extra risk solely based upon the fact that they are women. The physical, sexual and cyber abuse is as normalised as the routine, they have to endure this upon the sole basis of the fact that they’re women. UNESCO report (2015) gave an account of 11 female journalists who were killed in 2017- highest since the UN agency started recorded killings of journalists in 2006.[15]

The online threats, harassment, cyber stalking and blackmail towards women solely because of their gender is called cyber-sexism or cyber- misogyny. This impacts the well being of these journalists, their professional lives as well as their personal lives. This problem persists in Pakistan as many of these cases go unreported and uncover the harsh reality of the numbers in which these cases occur, one will have the need to dig out such cases.[14]

On World Press Freedom Day (2014), the Intermedia Pakistan (inter media organisation) in its annual report ‘State of Media in Pakistan 2014’ gave and evaluation of developments and trends in Pakistan media based off of their observations from May, 2013- May, 2014. In its directorial summary, it reported on target killings of five journalists and three media workers, assassination attempts of journalists and even senior journalists (Hamid Mir and Raza Rumi) and the Tehreek e Taliban Pakistan (TTP) who had issued fatwas making media a formal target (Intermediate Pakistan, 2014).[03]

During the wild assassination attempt of Hamid Mir, after he landed from Karachi airport and made his way to his office, a bunch of armed gunmen opened fire on his car. The car sped away saving Hamid Mir life. Amir Mir who is the brother of Hamid Mir and an exceptional investigative journalist in his own right, moments after the attack bled the Inter Service Intelligence (ISI) for the assassination attempt on his brother[13]. Which is not as much of a shock as Hamid Mir himself had announced on live TV that if anything happens to him, the government intelligence is to be blamed. Though Hamid sustained six serious gunshots he was able to survive.

Rumi Raza in the same year had a similar hit put out on him as well. While in his car, a group of armed gunmen opened fire and sprayed his car with bullets. Rumi survived by taking cover behind the seats and ducking. However, the same can not be sad for his driver who unfortunately passed away and the guard sustained injuries but lived. The causes of deaths of journalists are as variant as Pakistan’s innumerable differences. The journalists have been killed for reporting on turbulent political events (Abdul Razik Baloch), sale of drugs in the area (Ayub Khattak) and sale of expired medicine (Shan Dahar).

The factors in the rising killings of journalists are pinpointed as media and conflict, propaganda, lies, secrecy, players and interests, misuse of freedom of speech, lack of training, ill equipped and inexperienced (World Press Freedom, 2014).[03]

The Pakistani media has witnessed and exponential growth in the last two decades. While it’s growth can be attributed to many factors, one of which stands out the most is promulgation of press laws and organisations. One of the most successful of which are PEMRA (Pakistan Electronic Media Regulatory Authority) Ordinance (2002). This ordinance allowed the private ownership of electronic media (such as satellites, television channels and FM radio stations). Moreover, some other notable press laws are Press Council Ordinance (2002), Defamation Ordinance (2002), Press Newspapers, News Agencies and Books Registration Ordinance (2002), The West Pakistan Press and Publication Ordinance (1963), Newspaper Employees (Conditions of Services) Act (1973), The Pakistan Penal Code (1860), The Post Office Act (1898), Telecom Act (1996) and the Telegraph Act (1885).[10]

The reason why PEMRA Ordinance (2002) really changed the game was because it predates eighteenth amendment of Article 19A of the constitution. From the understanding of our extensive research, we have concluded that press laws such as that of PEMRA, Press Council, Defamation, Press Registration laws- ensure the free flow of information and work towards maintaining transparency rather than opting for secrecy to feed into propaganda and deceit. Except for a few tits and bits of some laws, most of the media laws have very little reference to the right to information and freedom of information.

The objectives of PEMRA law ensure accountability, transparency, good governance by optimising free and smooth flow of information, which can be subject to certain limitations (either legal ones or imposed by society’s norms). In fact, laws which predate twenty first century were established during military governance and pertain to maintaining secrecy rather than transparency. These laws should be updated so that they better fit the criteria and definition put forth by Article 19-A of the constitution (flow of information, annual reports, etc.).

6. METHODOLOGY:

This article discusses causes and affects and requires a lot of theoretical research to in the previous records to back up our results and claims. While this type of article demands adequate qualitative research, the numerical aspect of the research was not neglected. With the help of various organisations that dedicate their significant time and energy in producing annual reports with the data provided and available, the quantitative research is reflected throughout the article. One can clearly observe the smooth transition and back and forth between the two types of research to paint a clear picture of the media landscape and how vicious it can be.

There were a lot of helpful research papers, investigative articles and informative books and reports published by various credible organisations and experts who specialise in this field of work. Their works not only guided us but also inspired us to take on the challenge of studying, tackling and covering such a complex and comprehensive topic for our research purposes. Press freedom, safety of journalists and implementation of media laws, are all interconnected on multiple grounds. Lack of freedom of speech, providing no protection to the journalists and misuse of press laws to frame someone are all malicious practices that are quite prevalent in Pakistan. To cover these topics and back up our case in point, we use examples and corresponding research work as evidence.

7. MEDIA LANDSCAPE:

Since the independence of Pakistan, its press has come a long way. From the rampant growth of the media, growth in its consumerism, more developed and modern press laws and press organisations that remain vigilant in there line of work. There is no doubt, that it has come a long way but there is still quite a long way to go in terms of; freedom of press, implementation of laws and proper safety and protection protocols available to journalists. The current Pakistani media topography is a reflection multilingual, non racial, diversified ethnic and class divided society.

The evolution and expansion of media in Pakistan, with the launch of new FM channels, TV channels, formats and mediums, has resulted in a increased free flow and further access to information and a media ecosystem that has been smashed to smithereens. This article will further analyse the components obstructing press freedom in Pakistan, mainly; self censorship, political forces, institutions, organisations, gender discrimination, assassinations, society and pressure groups.

7.1.Self Censorship: It is the act of refraining from expressing one’s own views or thoughts for the fear of being objected, ostracised or criticised. Any controversial or questionable

remarks, thoughts and ideas are left out to be more easy going and light hearted. In media, it is the act of exercising control over what is reported on the command to a paid taking responsibility or harsh criticism that may follow. As a result of not complying, journalists may face blanked out articles, pulled fundings, blacked out shows and even channel shutdown.

This wicked practice is often used as a threat guided bans and boycotts that are forced upon journalists. It is exercised by politicians, army, organisations, pressure groups, tribal areas and the list goes on. I’m August of 2022, Pakistani police charged former Prime Minister Imran Khan under the anti-terrorism act. This charge was followed and inclusive of a ban on his live broadcasts of speeches. Why, one might ask. This action was pursued in the light of khan’s statement to sue police officers and a judge in the alleged torture of journalist Shahbaz Gill (his aide). Shahbaz Gill was in police custody on charges to incite a rebellion/riot (sedation). In this on going fight to mangle Khan’s influence, press freedom has to pay the price. [06]

Imran Khan is not the innocent party that he may come across as in the aforementioned example. Talat Hussain, a quite famous Pakistani journalist , hosted a well watched show on current affairs on Geo TV. He was forced to comply with a total blackout of news that criticised the military and Imran Khan, who was Prime Minister at the time. [19]

Furthermore, a recent example of censoring media would be Pashtun Tahafuz Movement (PTM). This is a movement that fights for the rights of Pashtuns. Their side of the story is that the Army’s operation Zarb-e-Azm, wasn’t all that the military portrayed it to be. Their were countless innocent lives lost during the hunt for the talibans and the army has to be accounted for this bloodshed. They also claim that the Taliban leaders were allowed to return with the IDPs. While it is true that Pashtun people have to face harassment at checkpoints because of their ethnicity and that there were countless innocent lives lost during the military operation, the ‘Taliban leaders allowed to return to their homes’ is still not corroborated. They have warned several reporters to ‘lie low’ and not refute their official narrative.

7.2.Politician’s Pressure: Politician’s are quick to be whispering sweet nothings to the public during their campaigns. It’s a testament to time that these promises lead to nothing. These empty promises lead to dead ends and a more complex and weakened system due to corruption. For instance PML-N promised to pass a journalist protection law in 2013 which remained on hold until the end of their term in 2018. However the same party was quick to accede to the Prevention of Electronic Crimes Bill (2015) in 2016.[06] This was met with intense backlash and harsh criticism as it allowed for further ‘sweeping censorship of internet’ and provided substantial power and discretion to enforcement agencies. This same year Pakistan ranked among the 10 worst countries for internet freedom; fourth out of ten worst countries for journalists; and there were 157 attacks on journalists in one year.

Similarly, Imran Khan promised greater press freedom but did a full 180° once in power. During Khan’s regime, there were much harsher media regulations that then covered digital media . Moreover, PTI even proposed ‘Pakistan Media Development Authority’ (PMDA) in 2021. This was immediately rejected across the platform and strongly abhorred. This threatened media freedom that is already barely hanging by a thread, and journalism that’s intended for public interest. In the last year of their governance, there were; 86 cases of attacks on media personnel (World Press Freedom Index, 2021); Pakistan also dropped twelve places according to the WPFI (2021).

This increasing polarisation in the political landscape, has put severe strain on the relation of media and politics. This increasing polarisation on political level has also given rise to polarisation with in media, with media organisations taking or picking sides based on their; biasness, attachment, benefits and or threats. This has concluded in lack of a collective response from media. This lack of collective reaction from the press is damaging and fractures the media landscape into small sects with extreme opinions. This ego driven journalism is a rising threat to freedom of speech of press. The whole PDM versus PTI political scenario has been successful in deterioration of free press which is a mandate for democratic system. Politicians should refrain from and be prohibited to impose limits on press freedom for their political gains. This kind of restriction feeds into confusion that turns into chaos and leads to destruction of the very foundation of a government system and free press.

7.3.Institutions: State institutions like the military have specifically got involved in destruction of free media landscape in Pakistan. Military which is necessity for providing with national security should keep its business restricted to that. Once the line between doing what is necessary and desired is blurred out, tools can be used for both good and bad in the name of patriotism, national interest and flag waving sentiments. The Pak-army is notorious for such deeds. While it is not common practice for military of any country to have a say in that state’s political matters, Pakistani army does it a little too often and quite a lot.

This can be seen observed since the very first martial law of Pakistan in the early 1959. For the first time we see press laws being introduced in the country, which in hindsight is a decision that should be praised. It would be praised had the military dictatorship did not guise their terms and conditions for suffocating the media as press laws designed for better journalism. The PPO (Press Public Ordinance) made acquiring licences for publishing houses difficult, to say the least. But what about now?

Pakistan does not have military dictatorship and the media is free, right? While Pakistan is not under a military dictatorship, it’s media is far from free. Internet: what once was a freeing technology has transformed into a trench for military surveillance and discretionary manipulation. [21] On February 11, during Prime Minister Imran Khan’s tenure, the Federal

Cabinet of Pakistan declared and passed the Citizens Protection (against online harm) Rules 2020. Initially, at least from the title, it sounds something that would be much needed to prevent cyber crime and cyber harassment which is a prevailing problem. In summary, it is designed to regulate social media, which in Pakistan is already quite contained. This law makes it obligatory for social media companies (even the international ones) to take off any material deemed inappropriate by the authorities effective immediately. It also clarifies that these overseas companies are obliged to provide information about citizens social media accounts to authorities whenever demanded. These companies are also confined and ordered to set up offices in the country’s capital, Islamabad.

Many of the humanitarian rights organisations have criticised and discouraged this practice. Human Rights Commission called this a suffocation of social media in the country. Digital Rights Foundation Pakistan commented that it provides authorities unswerving power to suppress social media. On another account, Media Matters for Democracy labelled this as dictatorial laws.[20]

Facebook and Twitter were also told to comply with the new rules. They opposed this proposal and decided to write to the Prime Minister in hopes of better democratic laws. However, it’s expected that they will be forced to comply or be suspended in the country. This is not a good look for a country that is placed among the 10 worst countries (out of 65) that were surveyed by Freedom House on the topic of freedom of internet. [21]

The question, that this was the work of Imran Khan’s government and not army may arise how can this be the work of army? To answer this, Khan’s government came into power after 2018 election. These are quite controversial elections as the military is accused of rigging them. This has made the situation worse. Not only because of all the public contempt for army for its immoral and illegal practices for its own benefits, but also because any journalist who even dares to criticise the army is arrested for some charge, alienated from the country, kidnapped and tortured or assassinated.

Shortly after this law was given the green light, abductions, detentions, torture and imprisonment of journalists who were ‘undesired’ by the authority initiated. In this context it means that any journalist who dared criticise the army and its abhorred immoral practices on the behalf of the public on the social media. The first account of what would follow many many abductions, comes up in 2017. This was kidnapping of five (anonymous) bloggers who were known for criticising the military. They belonged to various cities of Pakistan and ran their blogs without giving away their identities. After Human Rights Organisations made noise as they were detained without a charge, they were all charged with blasphemy to encode public support. After another attempt of the military backfired, these bloggers were let go.

These abductions would be either short term or long term. After seeing the light of day, the abducted journalists would either fall in line or go into exile to continue their mission safely. The examples would be Gul Bukhari (journalist), Samar Abbas (journalist), Gulalai Ismail (Human Rights Activist), the list doesn’t end. Bukhari and Ismail were abducted for a few hours but Samar Abbas was detained for well over a year, with no contact to his family and no news from him. It is to be noted that these are abductions and arrests as in all of these cases and many more the judicial process was ignored. It maybe because the military regards itself higher than the law.

7.4.Gender Discrimination: Among many other hurdles, gender discrimination is the leading cause of hindrance in female journalists career and path. To keep them safe from harassment, rape threats, abductions, torture and being killed, channels don’t let female journalists to do the field work. They are usually assigned to easier and Light hearted topics. Some female journalists give up and step back while other resilient women move the worlds to make sure that the public’s voice is heard through them.

Female journalists have the added risk of amplified cyber attacks, threats and other violent incidents. They are advised from channels to practice self censorship for their own safety. Some female journalists even succumbed to their anxiety, depression and fear which was the ultimate result of the harassment they had to face in person, through messages and calls and e mails. They decided not to pursue investigative stories and stuck to simple stories. It should be noted that while female journalists get the most threats, they are not attacked as much. In fact in a ratio attacks in female journalists when compared to that of male journalists are much lower. Many female journalists prefer practicing self censorship because a girl who was kidnapped or suffered physical assault can not exist in Pakistani society with any respect, in their opinion. [15]

The Pakistan female journalists face challenges that are of high risk. According to 2018 census only five percent of journalists in Pakistan are women. [12] A survey in 2017 deduced that one in two women in journalism face gender-based violence over the course of their career and only 24 percent report that they haven’t faced any. Social pressure, work place harassment and discouragement from families in working man dominated field have resulted in hindrance in their career. It is to be noted that most of these women have attributed their success to the support of the men in their lives. An overwhelming majority of these journalists reported that their employers have also failed to supply them with transport while working on late shifts.

7.5.Society: The diverse societies of Pakistan are compiled from the extremely rigid people of the tribal areas, internal Sindh and Punjab, to the flexible and modern individuals of the urban areas. This rising gap between the rural and urban areas is not the only prevailing problem. The growing difference between the religious sects also leads to extremism that results into violence. The difference is not only growing between modernity and religious beliefs, but also the wage gap. The increasing advancements in

the technology have also resulted in an increase in the age gap between the different generations.

The socio-cultural and religious aspects are what make the Pakistan’s society so complex and rigid. There is no denying that in the past, the media could have played a better role in avoiding sectarianism and extremism, but in fact it’s irresponsible behaviour just paced the way for the retched hatred that grew and grew. Now, the journalists are more cautious. During an anonymous interview, one journalist shared their colleagues experience on how they had to endure death threats over the use of words like ‘ja ba haq’ over shaheed while reporting upon a story related to a religious sect. Sadly these types of incidents are neither uncommon nor new.

Many journalists face these threats and violence due to various factors. These may be lack of their proper training, not having proper equipment and lack means to communicate properly. These are usually the fault of these organisations. Many of the media workers are untrained in their line of work, mess up on a large scale and end up with having to endure verbal, psychological and even physical abuse.

Some topics pertaining to mentions of sexual violence and sex education are also considered taboo. Journalists will get abused and abhorred over covering these stories. Many journalists also complained that they had to use milder words like harassment instead of the use of word rape. In fact, according to the archives of CPJ between 2010-2023, state that around or over 61 journalists have been killed in Pakistan. [23]

The rigidity of society, and it’s lack of flexibility gives rise to much more serious problems like pressure groups. These pressure groups might be ranging from ethnic groups or religious sects groups. These groups may also be partaking in political scenario by standing in elections and not so surprisingly even winning. MQM (Muttahida Qomi Movement) and Tehreek Labaiq Pakistan (TLP) are two examples. The only difference is that the first is dying off due to public sectors and the latter is emerging with ever growing support.

7.6.Assassinations of Journalists: According to a report collected over a period of 14 years by Geo News (2001-2015), it came to light that over 71 journalists were killed in Pakistan.

It is unfortunate, that these murders are still quite a common happenstance in Pakistan. What’s even worse is that more often than not, the perpetrators get away and free to roam around. This is because the amount of effort went into these investigations is usually zero. Moreover, Reuters (2012) reported that majority of the criminals behind the killings of journalists don’t get caught.[25] This statement was released in a report that followed the investigation of a Pakistani journalists murder, S. Saleem Shehzad which was blamed on intelligence agency. Saleem’s Body was found two days after he went missing, bearing torture marks. His body was dumped beside a canal. After the commission failed to identify the culprits, the suspicion that the intelligence agencies with power had something to do were reinforced.

The most recent case and perhaps the most publicised one would be that of Arshad Sharif’s murder in Kenya.[26] This was a shocking case as Sharif was not just some cub journalist, he was a senior journalist, with ample connections, well known and quite loved through out the country. The fact that a journalist with such a highlighted career can be alienated and killed really speaks volumes on the protection that journalists get. It is to be noted that days before his assassination attempt, his colleagues had announced the threats faced by Sharif but these were all steps taken in vain.

According to World Press Freedom Index, Pakistan Ranks 157 out of 180 countries in its index of 2022. [17] Freedom House shows that Pakistan media which was once a colourful landscape, is now only partially free. [21]

8. KEY FINDINGS:

In our extensive research, we came across the same loopholes in our judicial system again and again. There are existent laws that permit secrecy and allow the public officials to deny revealing certain information to the public. This goes against everything the Article 19-A of our constitution which claims the right to information and demands transparency. Under these laws, no official other than the minister or secretary can reveal information of a ministry. Such loopholes make it convenient for the perpetrators to get away with corruption, assassination and feeing that they are above the law.

Some of these laws were just a replacement with a different title to appeal the public. Journalists deem that Defamation act is a renewal of Print and Publication Act. PEMRA has the power to detain the broadcast or release through any electronic media claiming it has ‘vulgarity’ without further context. The Pakistan Federal Union of Journalists (PFUJ) among others have showed their dismay for these laws and acts.

9. RECOMMENDATIONS:

• A free press is crucial element for a democratic system which is built by informed voters.

• Rules and guidelines that are used as tools by the government to regulate, control and violate press freedom should be dissolved and for future, any such laws should be disproved. These rules are against the constitution.

• There should be better policies and rule of law to ensure that those in power do not feel that can violate press freedom through a thorough annual audit on national and domestic levels.

• Immediate, effective and strong actions are pursued against any violation from media freedom.

• Criticism should not be confused as insult. No one should feel that they are above it. Criticising should not be considered an offence or propaganda spreading.

• If someone violates the law, insults state institutions or creates and spreads propaganda against state institutions, proper judicial systems should be followed through

• The culture of abducting social activists, their torture and assassinations of journalists should come to full and final end.

• Some effective laws are in place but they lack in implementation. The implementation of these laws can aid in narrowing the gender gap and giving imminent protection to journalists who are prone to violent attacks.

• Transparency should be valued over secrecy by institutions and organisations.

• Tribal areas should not be neglected. They are built upon rigid societies and should not be allowed to separate themselves, this leads to extremism and sectarianism.
• Tribal areas should be provided with news sources that are credible and true rather than the ones they have right now to prevent confusion, chaos and destruction.

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10. CONCLUSION:

?Military dictatorship has severely impacted the press freedom in the country. All the martial law regimes had curved press freedom and human rights in every possible way. During the last decade, various journalists have been charged on the basis of sole allegations, abducted, tortured and killed. Among other factors, in these cases the common denominator is Pakistan Army.

This secrecy and long chain of lies damages the quality of journalism and free press in a country. It can’t be insisted enough that a free media is necessary for a democratic country. A country where journalists are not safe, media workers are at a constant risk and is failing to rank better when it comes to freedom of press and safety of journalists, the media landscape looks shattered.

Even democratic governments promised greater developments towards the freedom of press but turned the other way as soon as they came in power. The prevailing corruption and and abuse of freedom of media can only be solved with utmost transparency, proper laws that don’t curtail press freedom and implementation of press laws in a proper manner.

11. NOTES:

• This article is based on qualitative research mostly as most of the quantitative data is missing (because of not being reported) or unreliable (not many factors taken into notice).
• It should be noted that the term ‘journalist’ here defines a person who has taken up the profession as their sole career and not just a casual hobby.
• To further clarify, organisations in this article are limited to but not only to media organisations as their pivotal role is the most significant one.
• While gender discrimination is a real thing, in this article it will be covered only in the case of female journalists.
• The Research conducted and the references are quite credible and not bogus claims. Everything and every statement is backed by evidence (or for at least as much of it that was available and found useable in this context) .
• The qualitative data mentioned is gathered from international organisations (inter media NGOs) and is as accurate as the information that they were able to gather. Of course there were limitations in the groups as there always will be in such manner.
• The article draws comparisons of what had been said and done and how it is being dealt with currently with real life examples.
• The comparison was drawn to paint a picture of how far we have come or whether have we even taken any steps to get anywhere.

Due to restrictions (time and resources) some topics could not be covered as in depth as we’d hoped, but the information is sufficient for the purpose of framing a point and proving it.