Government spokesman regrets contents of All Pakistan Newspapers Society-Council of Pakistan Newspaper Editors statement
ISLAMABAD- A spokesman of the Ministry of Information and Media Development on 5th October, 2002 regretted the contents of the joint statement issued by the All Pakistan Newspapers Society (APNS) and Council of Pakistan Newspaper Editors (CPNE) and described them as out of step with the spirit of accommodation and understanding that has characterised Government-Press relations in the last three years, said a press release.
The spokesman emphasised that the government adheres to a completely free media policy and will never interfere with free flow of information except as required by law in the interest of national unity and integrity. The government, he reiterated, will not hesitate to consider any reasonable amendment that further guarantees the rights of the citizens and also safeguards and protects the free media from undue harassment from any quarters, the spokesman said.
The spokesman said that the government has reiterated time and again that these laws have not been written in stones. The government is willing to enter into a productive dialogue with any of the stakeholder for incorporating any reasonable amendment in the Press Laws. The Secretary Information met the representatives of the APNS/CPNE in Karachi and assured them to request the government to withhold promulgation of the Press Laws till 15th September, 2002 to allow sufficient time to these bodies to tome up with practical suggestions for incorporation into the draft laws. However, the Press bodies did not respond until then and it has now been learnt that this was due to absence of their President from the country.
The spokesman said that the government has always taken APNS and CPNE into confidence on all matters relating to the Press. The changes proposed by the Press bodies in the draft Press Laws were considered in the best interest of the country and the people and had no other motivation.
Regarding the questions posed to the government in the joint statement of the APNS/CPNE, the spokesman said that the government does not intend to be drawn in a polemic on the subject but for the purposes of record and information of the people, finds it prudent to answer the questions for final judgment of the people.
The answers to the seven questions posed by the APNS/CPNE are:-
i) The original draft proposed 17 members, comprising 4 from APNS, 4 from CPNE, 2 from professional bodies, one from Bar Council, one from FPCCI, one representative each of the leader of the House and leader of the Opposition in the National Assembly, one nominee of the human rights organisation and one woman member. The revised law contains provision for appointment of 19 members; 3 from APNS, 3 from CPNE, 3 from representatives of working journalists, one educationist each from the four provinces, one representative each of the Leader of the House and the Leader of the Opposition in the National Assembly, one nominee each of the human rights organisation and the National Commission on the Status of Women. The inclusion of a representative of the FPCCI has been dropped.
The composition of the Press Council reflects representation from a wide spectrum of opinion-making circles and the civil society while giving major share of representation to the representatives of the Press. It is incomprehensible why the APNS and CPNE should oppose the inclusion of academics and educationists in the Press Council.
It is also astonishing to see that the inclusion of the elected representatives of the people and nominees of the Bar Council, human rights organisation and the National Commission on the Status of Women is being interpreted as nominees of the government. It may be added that the procedure for nomination from all the provinces can be discussed and a consensus arrived at after consultation with both the CPNE and APNS.
ii) The Inquiry Commission of the Press Council which has been given the power to recommend to the competent authority (DCO) to suspend an offending publication for a specific period or recommend cancellation of the declaration under Section 15 (C), includes two of its three members from the APNS and CPNE. Need it be emphasised that any decision of the Commission will have to be through a majority if not unanimity and in every such case APNS and CPNE representatives will outnumber the only third member on the Commission. So the power to recommend suspension or cancellation rests with the publishers and editors themselves rather than with Government functionaries.
iii) The government has reflected the provision of Article 19 of the Constitution to the Code of Ethics as the APNS representative had said that those words were enough and there was no need to use any other expression. Following is the text of the addition and the readers may assess and judge the intention of the government.
“The Press shall avoid printing, publishing or disseminating any material, which may bring into contempt Pakistan or its people or tends to undermine its sovereignty or integrity as an independent country.
“The Press shall not publish or disseminate any material or expression, which is violative of Article 19 of the Constitution of the Islamic Republic of Pakistan.”
iv) The perseverance and protection of the uniqueness of the title of the newspapers had, in fact, been a long standing demand of the publishers which has been fulfilled with the addition of at provision in Section (10) of the Press, Newspapers, News Agencies and Book Registration Ordinance. The government also felt the need that the people should not be befooled by the owners of dummy papers with similar titles coming out from different cities as a counterfeit copy of the major newspapers published from other parts of the country.
So far as attributing responsibility and liability to the printer and publisher for the matter published in his/her publication is concerned, it would not have been fair and just to exempt anyone from the laws of the land, which should be applicable to every citizen equally. Should a wilful defaulter of public dues or a convicted person be allowed to publish a newspaper and exploit his or her position for personal gains? The Press, being an important organ and the fourth pillar of the state, should consist of people of character with clean record of, paying public dues so as to represent the public interest without any stigma.
v) The exclusion of file notes, minutes, summaries and interim orders from the purview of the Freedom of Information Ordinance, is, in fact, in consonance with the premise that is the final decision arrived out of inputs from different tiers of policy-making that ultimately affects the citizen. Such exemptions have been allowed even in the recognised democratic societies as reflected in the US Freedom of Information Act, Freedom of Information Bill of India (Pending Legislation) and the British Laws. The protest of the APNS/CPNE on this count is, therefore, misplaced.
vi) It has been an overdue demand of the people that a proper legislation be enacted to save the honour and dignity of the citizens from defamatory reports as the existing laws on the status book had failed to provide relief to the common man. The defamation law has, therefore, been prepared in response to public sentiments and is not targeted against the Press. In fact, the law provides sufficient defence for reports published in good faith.
vii) As for the last question regarding the absolute freedom of the Press to bring anything into print, it is to prevent any damage to the integrity, security and sovereignty of the country.
The spokesman hoped that the APNS/CPNE would take a dispassionate and objective view of the media-related laws as, well as the defamation law and the access to information law, which is a major step forward on the road to democracy and democratic governance. The spokesman, however, reiterated the government’s offer of discussions on the proposed laws with a view to ensuring continued freedom of the Press and concurrently protecting the rights of the citizens.
Source: The News
Date:10/7/2002
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