(ARTICLE 19/IFEX) – The following is a 20 November 2002 ARTICLE 19 press release: PAKISTAN ORDINANCES RESTRICT FREEDOM OF EXPRESSION Three Ordinances recently promulgated by the President of Pakistan will exert a significant chilling effect on freedom of expression in Pakistan. The three – the Press Council Ordinance, Registration Ordinance and Defamation Ordinance – not […]
(ARTICLE 19/IFEX) – The following is a 20 November 2002 ARTICLE 19 press release:
PAKISTAN ORDINANCES RESTRICT FREEDOM OF EXPRESSION
Three Ordinances recently promulgated by the President of Pakistan will exert a significant chilling effect on freedom of expression in Pakistan. The three – the Press Council Ordinance, Registration Ordinance and Defamation Ordinance – not only restrict freedom of expression also but undermine the process of democratic transition. Nothing about them justifies the urgent procedure invoked by the President and, should new rules in these areas be deemed necessary, this should have been left to the new Parliament.
The Press Council Ordinance establishes a Press Council, largely controlled by government appointees – the Chair, for example, is appointed by the President – with responsibility for enforcing an Ethical Code of Practice, binding on all journalists. The Code contains a number of extremely vague obligations, such as to “strive to uphold standards of morality”, as well as illegitimate obligations, such as to avoid printing material which may bring the country or its people into contempt.
The Registration Ordinance requires all publishers, printers and owners of newspapers and news agencies to be centrally registered, no matter how small their circulation. Registration may be refused if the applicant has been convicted of a criminal offence or, in the case of printers, of a crime involving ‘moral turpitude’.
The Defamation Ordinance provides for criminal sanctions for defamation, including a minimum level of compensatory damages of Rps. 50,000 – one third of the annual per capita GDP – and up to three months’ imprisonment. The Ordinance fails to address serious problems with existing defamation law, preserving existing criminal defamation provisions and the power of public bodies to sue in defamation.
Toby Mendel, Head of ARTICLE 19’s Asia Programme, said:
“These Ordinances are clearly aimed at controlling the media. The enforcement mechanisms in the Press Council Ordinance and the Registration Ordinance are wide open to political abuse and imprisonment for defamation is clearly contrary to international law. Together, they are likely to result in significant self-censorship by Pakistani journalists.”
Copies of the analysis can be found on the ARTICLE 19 website, at:
http://www.article19.org/docimages/1433.doc.
