The FIA’s withdrawal of the petition it had filed before the Supreme Court, against the IHC judgement striking down the clauses enhancing certain punishments and making certain offences non-bailable, makes it doubtfuil if the FIA is under any sort of control. That the petition was withdrawn was a credit to the commitment of the present government to freedom of press, but the registration of a case by the FIA against telejournalist Sami Ibrahim, using the struck down section, indicates that there is a strong impulse to use the law to achieve certain aims.
The filing of the petition implies that there is a strong lobby within the FIA in favour of the struck-down sections. That such a lobby can exert pressure that flies in the face of the concerned ministers, (the Interior Minister supervises the FIA, the Information Minister deals with the media), is worrisome. That the FIA is aware that fake news are propagated on social media is reassuring, but the solution is not: enhancing the punishment and making the offence non-bailable. All that does is put another weapon for oppression in the hands of the police.
What the FIA should be seeking is a better criminal justice system. If the courts could take up cases of fake news and defamation and punish perpetrators swiftly, it would prove a powerful deterrent. Part of the reason why fake news is published is because those propagating it are fairly sure that they will not only remain safe, not only will they get bail, but gain such long postponements of hearings that they might even be acquitted. However, if they were fairly certain that any offence would be punished by a swift trial and consequent punishment, there would be very few willing to commit such an offence. However, such a criminal justice system would mean that the tremendous powers of the law-enforcing agencies, to persecute individuals, would be ended. The rule of law does not suit certain powerful quarters either, so no government presses for the abolition of what is a powerful tool in its hands. At the same time, the government should not leave in limbo the problem of fake news. It exists, and will not go away if the government ignores it. The government must bring on board all stakeholders and evolve a consensus, so that fake news can be stopped without giving any government draconian powers against opponents.
