Freedom of speech has been always been a very important a topic of discussion. With the establishment of democracy in many states to provide safety and rights to people, freedom of speech has been one of the most important rights in any constitution. Freedom of speech constitutes a fundamental right that all people should have, and one that must be respected. As individuals, we are entitled to express our opinions, write, publish or communicate, and such expressions must be, if not shared, respected. Different nations have different levels of tolerance for the execution of this right. Freedom of speech is recognised by human rights and it is recognised in international rights law. Freedom of speech is synonymous with liberty and is a fundamental individual right in a free society. Whether society is democratic or not can be defined by factors of independent print, electronic and social media in today’s world.
The role of media is essential in this regard; media is an important source through which people express themselves. Media is used for an open exchange of opinions. Main functions of mass media are to cover events, gather and spread information, and to keep an eye on the activities of state authorities. It can be said that media is the fourth power after the executive, legislative and judiciary
In the past few years, media has also gone through an evolution. Electronic media has given a new dimension to the medium of communication. Now news is imparted more quickly than ever before. Issues can be created or demolished in a matter of minutes. Another new dimension that has been added to media is the influx of social media. Facebook and Twitter have given new platforms to people. People in general are more expressive, and debates are more common. Government policies are discussed in wider contexts. In the last few years, this phenomenon has overtaken the whole world, as open criticism from the people on their governments has become a common occurrence.
In this background, some governments are imposing certain bans on social media in order to control the overwhelming criticism. In a recent development, National Assembly of Pakistan has passed a new cyber crime bill, which has ben named the Prevention of Electronic Crimes Bill 2015.
According to this bill, a new authority will be made to control social media (Facebook and Twitter). No one will be allowed to criticise or openly discuss government officials and policies. Imprisonment and fines will be imposed on the accused in case they are found guilty.
This bill also contains some good things; checks and balances will be helpful to control cyber bullying and harassment, as cyber crime has become commonplace. People make fake facebook profiles using pictures of other peoples and, often, these fake profiles are used to post wrong or unethical content. Provisions in the cyber crime law are meant to protect individuals and groups from libel claims that are meant to harm them. The law covers not only incidents of cyber bullying but also other instances similar to that. In this regard this bill looks useful, but on the other hand, it will also restrict people to have an opinion against government officials and policies. The overall outlook of the bill suggests that freedom of speech has been affected, and the basic concept of democracy has been dented.
Imposition of such laws is not the appropriate way to control aggressive criticism from the people. A democratically elected government does not normally indulge in such practices. Democracy gives rights to the people; it doesn’t snatch rights. Government should educate people instead of imposing bans. The irony is that every effective government member does have a social media account, through which they post certain important information about their work. In these circumstances it is amazing that on one hand government and its officials are using social media to communicate with the public, but on the other, government is trying to control social media so that only the ‘good’ is shown, implying there is no space for a bad image and criticism.
Another significant thing about the bill is that government did not give any importance to civil society’s concerns, and therefore the flaws in legislation are very much evident. One must not forget that there are no limits to freedom of speech, or in other words, it is not easy to impose limits on freedom of speech. There is no set definition of criticism — constructive or destructive. Then comes the question: what kind of criticism is legal?
Democracy protects rights, and it also gives rights to the people. Evolution of democratic society cannot be possible without the essential element of freedom of speech. Freedom doesn’t rest in government’s control; freedom is the constitutional right of the people. The world is moving very fast. It is the age of 3G and 4G technology. All countries — developed or developing, poor or rich — are facing this change. Freedom of expression cannot be controlled; it is beneficial for everyone to express themselves.
The legislative role of government is also questionable in this regard. The women protection bill, which has been debated since it was passed by Punjab assembly has been deferred by government. The condition of women rights in Pakistan is not a secret. Men and women have equal rights in Islam. Despite having rights, many women are still deprived of their financial, economic, social and political rights. In rural or backward areas of Sindh, Balochistan and Kyber Pakhtunkhwa many women are deprived even of basic education. The level of illiteracy in these areas is lower as compared to Punjab, due to which level of violence to women is higher.
Rights of women in Pakistan as contrasted with that of men are alarmingly hopeless. There is an anti-harassment policy for women, but it is not effective. Women are almost 50 percent of Pakistan’s population, and they are also working in all fields, from health to education to corporate sector, we can find women everywhere.
It is the need of the hour that women are given their due rights as per the constitution of Pakistan, so that they can work and move freely like men. But it seems that our government are not much concerned about that, as for them their own political protection is more necessary. And for that reason they are making laws like the cyber crime bill. Although cyber crime is also a big issue but women empowerment and protection are more essential for the fiscal and intellectual development of Pakistan. This double standard of legislation is not only regrettable but also not acceptable.
The cyber crime bill has been approved regardless of the fact that people have shown some serious concerns regarding its contents. Government deferred the implementation of women protection bill because of vehement opposition to the bill from religious groups. Governments all over the world do all kinds of things to win elections, but, at the same time, they ensure fundamental rights to the people and pass laws that guarantee protection of democratic rights. It is true that Pakistan’s version of democracy is going through an evolution, but democracy in Pakistan cannot truly flourish with too much interference from overreaching institutions like the PEMRA or laws like the Prevention of Electronic Crimes Bill 2015.
The writer is a freelance columnist, and can be reached at, [email protected]