ISLAMABAD: The Pakistan Federal Union of Journalists (PFUJ), Tuesday, filed a petition before the Islamabad High Court (IHC) challenging the recently-promulgated Prevention of Electronic Crimes (Amendment) Ordinance, 2022.
The PFUJ moved the petition through their counsels, Adil Aziz Qazi advocate and Haseeb Hassan advocate and cited President of Pakistan, Federation of Pakistan through secretary Ministry of Law, and Federation of Pakistan through secretary Ministry of Information Broadcasting and National Heritage as respondents.
The petitioner prayed before the court that the promulgation of the Prevention of Electronic Crimes (Amendment) Ordinance may be declared as ultra-vires to the entire scheme of Constitution and the fundamental rights of the people of Pakistan.
The petition stated that through the said Ordinance, sections 2, 20, and 43 have been amended, while section 44A has been inserted in the existing law. The definition of the term “person” has been extended to company, association or body of persons whether incorporated or not, institution, organisation, authority or any other body established by the government.
It also said, “Furthermore, in section 20 the word natural has been omitted and the sentence has been increased from three to five years while adding a new subsection 1(A) whereby the informant or complainant in respect of offence under subsection (1) shall be an aggrieved person, his authorized representative, or his guardian, where such person is a minor, or a member of the public in respect of a public figure or a holder of public office has been added to the existing law.”
The counsels for petitioner contended that the respondents have omitted the important proviso in the amendment, and the scope of regulation by the PEMRA in case of broadcasting media has been done away with.
They also contended, “The Constitutional Scheme of Pakistan calls for democratic values to be promoted in the country which include the Freedom of Expression in the chapter of Fundamental Rights of the constitution and in Article 19. The Constitution says ‘Every citizen shall have the right to freedom of speech and expression, and there shall be freedom of the press, subject to any reasonable restrictions imposed by law in the interest of the glory of Islam or the integrity, security or defence of Pakistan or any part thereof friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, [commission of] or incitement to an offence’.”
The petitioner argued that the constitution of Pakistan clearly indicates that democracy is embedded in the principles of liberty and freedom of expression, and any restriction over the said fundamental rights have to be reasonably imposed by the Legislature, while considering the integrity, security or defence of Pakistan, public order, decency or morality or in relation to contempt of court, commission or incitement to an offence as the sole reasons to such restrictions.
The petitioner continued that the petitioner being Union and representative of journalists and media persons across the country, their entire work and purpose revolves around information and broadcasting of the facts and opinions through print and electronic media.
Given the recent incidents especially during the current regimes where the media is being gagged and unannounced restrictions have been imposed on journalists by using different means and tactics by the officials, this new amendment ordinance lays bare the agenda of the government to promote only certain types of news and discourage criticism, said the petitioner.
Copyright Business Recorder, 2022
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