Know thy rights

Important legislation for journalists is not perfect

For years and years, the journalists’ community has been clamouring about their rights as they perform their duties as professional mediamen in difficult and arduous circumstances with no security and safety of their lives. Some rights are there in Article 19 of the Constitution of Pakistan regarding freedom of expression, but their demand is much more than that on the basis of their facing dangers and threats of sorts while performing their professional duties over the years.

Federal Human Rights Minister Dr Shireen M.Mazari has taken lots of pains  as she has put together all known, unknown and desirable and permissible rights for the working journalists. In doing so, she has also reminded  them about their responsibilities such as avoiding subjectivity, sticking to objectivity and ensuring they only cover and report true news and shun filing and reporting fake news in any manner as their commitment to the society and the state. Not only the required and demanded rights have been put together but also a machinery has been perhaps, to the best of memory of this scribe for the first time, for ensuring implementation of these rights with or without complaints .

All this and even much more has been put together in the new comprehensive law known as “Journalists and Media Professionals Bill, 2021” which has since been passed by both the Houses of the Parliament, the National Assembly and the Senate, one after the other in November 2021. It attained the status of an Act of the Parliament when this historical legislation , as for as the journalists community inclusive of print and electronic media is concerned,  was assented to by President Dr Arif Alvi on December 1 in the presence of federal ministers,and a  large number of journalists and media professionals.

Journalists’ representative bodies would also be doing a good work for the journalists’  community if the new Act is got published in English as well as in Urdu  and freely distributed among the media people throughout the country. Unless the journalists and media professionals know their rights enshrined in it and machinery provided therein for ensuring prompt response to their grievances and complaints, the appreciable purpose  behind this commendable legislation will not be realized and achieved

Since the bill focused 6n protecting the lives of journalists, saving them from  harassment and torture and ensuring their welfare by giving facilities and health insurance,  the President underlined the need for a culture of tolerance for the journalists because they were only  reposting and disseminating information, and said  he was happy to sign the historic bill , as the act gave protection of life to the journalists who worked  in hazardous conditions, the fake news  was a serious issue and the Holy Quran also warned against fake news as it could  create chaos and wars between the nations, as the war in  Iraq 6ccurred due to the fake news about the weapons of mass destruction.

Dilating little more on fake news , the President went on to say that the damage was also done   to  Afghanistan  due to fake news and now in this , the instruments and efficacy of news mediums had changed and fake news were more prevalent and India had also attacked Pakistan with  fake news.

Federal Information and Broadcasting Minister Fawad Hussain  Chaudhry, speaking on the occasion, remarked  that the government would support the working journalists  and strive to protect their rights. In her remarks, Dr Mazari, who piloted the historic legislation for the journalists,  said that the new law was  progress in nature and ensured insurance of life and health to the journalists and media professionals.

Rights of journalists and media professionals, which have been put together  in the new act, include the right to life and protection  against ill-treatment; right to privacy and non-disclosure of sources; Independence  in the performance of duties;  good faith obligation of journalists and media professionals;  protection  from abusive, violent and intolerant behavior; and protection against harassment.

The rights have been mentioned above briefly  though the legislation provides details as these rights are to be exercised by the journalists and media professionals. The media should have  information about their rights, as contained in the Act, and also how they are going to ensure their implementation by the official procedure provided therein.

Besides the rights which have been mentioned in the legislation, it also provides for establishment of  an independent Commission for entertaining the complaints of the journalists and media professionals regarding hindrances and obstruction by the public and private quarters in the performance of their professional duties and availing the facilities guaranteed in it.

Importantly, the media people should also know the composition of the  Commission with whom they have to lodge complaints about their grievances  and these will be by  and large entertained and solved within 14 days.

The Commission will be headed by a Chairperson having demonstrable knowledge  of, or practical experience of minimum 20 years  in matters relating to law, justice and human rights, and will comprise a member of the Pakistan Bar Council, four journalists with over 25 years of experience nominated by the  PFUJ, one nominated member each  from the Islamabad Union of Journalists, the Karachi Union of Journalists,  the Lahore Union of Journalists, the Quetta Union of Journalists and the Peshawar Union of journalists, the Secretary of the National Press Club, the Secretary of the Parliamentary Reporters Association,  the Secretary of the Supreme Court Reporters Association, a representative of the Ministry of Human Rights, a representative of the Ministry of Information  and Broadcasting, and Secretary of the Commission who shall not have a right to vote.

The composition of the Commission has been mentioned here purposely as it leaves much to be desired. Lahore-based Punjab Union of Journalists (PUJ)  is among the oldest trade union bodies of the media people but it is missing somehow. Although PUJ   has more than a couple of factions, there is no Lahore Union of Journalists as such which has been named in the Commission. It would have been better if the text of the new legislation had also been vetted by the Ministry of Information and Broadcasting officially to avoid such misnomers and ensure due mention of the PUJ.

The new legislation is undoubtedly a milestone work done by the Ministry of Human Rights but if the Information Ministry was involved in consultation prior to its  finalization and submission to the Parliament then such blunders should not have occurred.

The legislation has come into force  but practically it will be on ground and  working only after the appointment of the Chairman of the Commission    and nomination of other members.

The new legislation also provides for institution of the Journalists Welfare Scheme; Obligation to investigate, prosecute and penalize threats , coercion , acts of violence and abuse of journalists and media  professionals; and combating impunity.

Journalists’ representative organizations would be well-advised to remain in constant contact with the Ministries of Human Rights and Information to  ensure  implementation of the new legislation and also to point out deficiencies, shortcomings and hindrances noticed in its implementation so that the good intentions and objectives behind it are ensured and the Commission established under it performs its functions and duties objectively in line with the spirit behind the new Act.

Journalists’ representative bodies would also be doing a good work for the journalists’  community if the new Act is got published in English as well as in Urdu  and freely distributed among the media people throughout the country. Unless the journalists and media professionals know their rights enshrined in it and machinery provided therein for ensuring prompt response to their grievances and complaints, the appreciable purpose  behind this commendable legislation will not be realized and achieved.

Muhammad Zahid Rifat
Muhammad Zahid Rifat
The writer is Lahore-based Freelance Journalist, Columnist and retired Deputy Controller (News) , Radio Pakistan, Islamabad and can be reached at [email protected]

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