ISLAMABAD: The Islamabad High Court (IHC) observed blocking, inhibiting or limiting free speech and thus undermining freedom of the press are hallmarks of regressive states, and are unacceptable in a society governed under a Constitution, which guarantees fundamental rights.
“Free press is the key to development and progress and thus a panacea to evils like poverty, corruption and inequality. Freedom of the press ensures peace because it is the most effective antidote against violence, aggression, anarchy and extremism,” said the judgment authored by Chief Justice Athar Minallah.
It serves as a safety valve by enabling citizens, groups and sections of society to vent grievances, anger and frustration, it added.
The IHC on Wednesday announced its reserved judgment regarding harassment of a journalist by the Federal Investigation Agency (FIA).
It said a free press functions as a bulwark against resolution of disputes through violent means.
“Poverty, corruption, injustice, discriminatory treatment of marginalized citizens and minorities, violence and extremism are all common characteristics of a repressive state that limits, restricts and undermines the freedom and independence of the press.”
Justice Minallah wrote that “it is inherent in the constitutionally-guaranteed rights under Articles 19 and 19 A that no citizen, group or section of the society would be denied access to a free press.
“No state or society can progress or rid itself of evils such as poverty, corruption and violence, if its citizens or members are unable to communicate and articulate ideas without fear or threat of retaliation.
“The development of a nation and its prosperity depends on protecting the right of every citizen, group or section to have an equal voice and thus have the right to speak without fear or being intimidated, said the judgment.
“The lack of access of the people to a free press affects the weaker and marginalized segments of the society the most because it empowers the elite and makes them unaccountable. The most effective accountability of the state and its powerful elite is through an independent and responsible press.
“The state and its agents cannot be allowed to use power and authority to silence voices and to retaliate against critical reporting or dissent. Only informed citizens having access to an independent and free press can ensure progress, prosperity and security of the state.
“Nothing can inhibit the constitutionally guaranteed right under Article 19 of the Constitution more than the fear of an independent journalist that he or she, as the case may be, could be exposed to harm because of what the latter reports, says or writes.
“No one is above the law, not even a journalist, but if the law is allowed to be used in a manner that has the effect of intimidation or creates the perception of retaliation against reporting which may appear to be critical to the public functionaries then it violates the constitutionally guaranteed rights.
“In such an eventuality it becomes a constitutional obligation of the state and the government to assure the people through its actions that they are not complacent.”
The IHC expressed confidence that “Prime Minister and members of the Federal Cabinet, as democratically-elected representatives of the people, would take prompt and effective action to prevent the abuse of coercive powers under the PECA 2016 in general and against independent and responsible journalists in particular.”
The Court hoped that the federal government may consider proposing legislation like a bill titled “Protection of Journalist Act 2014” that was tabled by the previous government in the National Assembly to provide an effective forum for redressing complaints of journalists, which relate to freedom of the press.
The judgment said the federal government may also consider meaningful consultation with all the key stakeholders i.e. All Pakistan Newspapers Society, Pakistan Federal Union of Journalists, the Council of Pakistan Newspaper Editors, etc, regarding dispelling the perception of apprehensions and intimidation of independent journalists and abuse of coercive powers by public functionaries, particularly in relation to exercising powers under the PECA 2016.
Copyright Business Recorder, 2020
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