Defaming the media?

Author: Daily Times

Imran Khan’s new set-up is pushing ahead with its moves to establish a sort of one-window-stop-shop to bring regulation of the fourth estate under a single roof. Moreover, under new legislation: “no will be allowed to defame anyone”.

Thus the soon-to-be-established Pakistan Media Regulatory Authority (PMRA) has an explicit focus on non-defamation. And viewed from whichever way, it is beginning to look a lot like censorship by another name. After all, according to its draft mandate, a copy of which is with Daily Times, the latter will oversee everything across the print-electronic-social media divide; for both local and foreign news outlets. This will naturally undermine any domestic-international partnerships as the threat of selective coverage looms large. It is hard to see what good can come from this given the present economic climate that threatens to sink private media houses.

When it comes to the not un-small matter of defamation, Pakistan already has relevant laws on its books; covering both libel and slander. This therefore begs the question as to who cannot be ‘smeared’. The fourth estate remembers all too well how, under the last government, the then Information minister directed the Federal Investigation Agency (FIA) to act against those maligning the Army on social media. Just as it still recalls that this came hot on the heels of the Pakistan Electronic Media Authority (PEMRA) instructing television channels to refrain from airing content critical of the military establishment.

Prime Minister Khan and his cabinet have made much of the fact that the PTI and all state institutions are on the same page. But unless the government is happy to appear to be taking dictation from above it may wish rethink the anticipated regulatory authority as well as new legislation. Indeed, the Centre’s priority should be ensuring journalist safety. Yet it has failed to advocate on this front. Despite recent reports by the Human Rights Commission Pakistan (HRCP) as well as the Committee to Protect Journalists (CPJ); both highlighting the hostile environment in which representatives of the fourth estate are forced to work.

Thus the PTI must remedy this at the earliest. And once it has, there needs to be a national dialogue on what constitutes defamation. For this should not be confused with debate or, indeed, constructive criticism. As the Jamal Khashoggi case tragically underscores, when a journalist doing his or her job by asking important questions of those in power is deliberately labelled a dissident — the consequences can be fatal. Closer to home, Pakistan is already on a dangerous trajectory whereby a reporter can be hauled up on treason charges for the contents of an interview with a former PM. Similarly, when it comes to social media, there have been campaigns to ‘name and shame’ journalists critical of certain policies as ‘enemies of the state’. As if the state apparatus itself cannot act in a contentious manner towards other stakeholders.

Moving forward, therefore, the new set-up would do well to consult all concerned parties. For it is insufficient to take into confidence, say, the Council of Pakistan Newspaper Editors (CPNE); which is essentially a club of print media owners. What is needed is listening to what working editors and representative journalist bodies have to say about any new regulatory moves directly impacting how the fourth estate fulfils its mandate. And this must happen before any PMRA legislation goes before Parliament.  *

Published in Daily Times, October 23rd 2018.

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