Restrictions on TV channels challenged in SC
Sohail Khan
The News, November 29, 2007

http://www.thenews.com.pk/top_story_detail.asp?Id=11438

ISLAMABAD: Restrictions on TV channels clamped on November 3 after the proclamation of emergency and the imposition of the PCO were challenged in the Supreme Court here on Wednesday, praying that restrictions on the channels be declared illegal, void and without lawful authority.

A constitutional petition was filed in the superior court by Qazi Sheharryar Iqbal, advocate, praying the apex court that the blocked TV channels should be allowed to start their normal operations so as to enable the people of Pakistan to enjoy their right of choice of information and freedom of speech and expression.

The petition was filed under Article 184(3) of the Constitution, making the Federation of Pakistan through Secretary, Ministry of Information, and Pakistan Electronic Media Regulatory Authority (Pemra) through its chairman as respondents.

The petitioner has challenged the promulgation of the Ordinance, LXV of 2007 whereby the provisions of the Pemra Ordinance, 2002 were further amended. He prayed to the court to strike down the provisions of sections 20 and 33 of the ordinance of 2002 and other provisions being unreasonable restrictions on the freedom of speech and expression guaranteed under the Constitution along with any further relief which the court considers just and proper in the facts and circumstance of the case.

The counsel stated that terms and conditions of the licensee were set out in Section 20 of the ordinance as amended by ordinance on November 3, 2007 purported to ensure the preservation of the national, cultural, social and religious values and the principles of public policy as enshrined in the Constitution and to ensure that all programmes and advertisements did not contain or encourage violence, terrorism, racial, ethnic or religious discrimination and not broadcast any programme or discussion on a matter which was sub-judice, etc.

Similarly, he stated that the ordinance of November 3, amended section 33 of the ordinance 2002 concerned any broadcast media licensee or its representative who violates any provision of this ordinance "shall be punishable with imprisonment for a term which may extend to three years or with fine which may extend to ten million rupees or with both".

The petitioner stated that the provisions of the ordinance as amended on November 3, 2007 were contrary to the right of freedom of free speech, expression, information and debate of the citizens of Pakistan and was accordingly liable to be struck down and set aside.

The petitioner also prayed to the court to declare any restriction or fiscal imposition on the manufacture or import of any electronic media equipment was without lawful authority and of no legal effect.

Qazi Sheharyar Iqbal contended that further pursuant to the ordinance of November 3, followed another illegal action of the closure of a number of TV channels some of which were still off the air although some of the closed TV channels had resumed their telecast operations.

He stated that the off airing of the channels had subverted the freedom of speech, expression, information and free media choice of a large number of people of Pakistan and even abroad. The petitioner stated that the amendment for its deleterious and damaging character and being not in conformity with the present day values had invoked deep resentment, protest and condemnation from the media bodies and others both within and outside the country.

He stated that the Constitution provided for the inviolability of the dignity of man as ensured by Article 19 of the freedom of speech and expression, one of the fundamental instincts and discretion of man.

He prayed to the court that the uncalled for and illegal restrictions on the TV channels closed on November 3, 2007 be declared illegal, void and without lawful authority and the closed channels be allowed to start their normal operations so as to enable him and people of Pakistan to enjoy their right of choice of information and freedom of speech and expression.

At the entrance to the Islamabad Press Club, the stage was set with two opposing rows of panelists and, in the middle, a television host. Cameras rolled and a vigorous discussion about current affairs ensued. But the cameras filmed in vain, as this talk show will never air.

Under President Gen.Pervez Musharraf's emergency rule, many of Pakistan's popular talk shows have been banned. As this nation enters its fourth week of what has been described as defacto martial law, all but one of the private television channels are back on the air. But Geo TV has been banned indefinitely for refusing to agree to new regulations regarding media.

Instead, Geo has taken its programming to the sidewalks. Hamid Mir, presenter of "Capital Talk," a political program, has been hosting his show before live audiences on the streets of the capital Islamabad.

Last week, political opposition leader Imran Khan, recently freed from jail, was a guest. Other senators, pundits and activists have also made appearances.

On this day, a few hundred bystanders stopped to listen as Hamid moderated a discussion about the upcoming parliamentary elections and freedom of the press. For the most part, the show was produced as if it were actually on air, complete with short musical interludes to mark where commercial breaks might normally appear. But, of course, there were no commercials.

Geo TV has lost millions of dollars in advertising and programming revenue since transmission was cut, and yet its management refuses to surrender control of editorial content and cancel shows, such as "Capital Talk."

Hamid has offered to resign but said management won't let him.

"They will continue their struggle against the new media laws," he said. "They are starting negotiations with the government, but I am sure they will not compromise the freedom of the media."

Journalists have rallied around Geo TV, and it has become a beacon of defiance in the face of Musharraf's highly unpopular emergency decrees. At times, the live show morphs into a protest, with audience members shouting "Go, Musharraf, Go!"

In a nation with such low rates of literacy, television is a crucial source of information. Newspapers and Web sites have been allowed to continue publishing, but for the majority of the country, they are of little use.

"It's not only media people that think we're the last hope," said Hamid. "A lot of people in Pakistan, the common man, also have a lot of hopes from us. They're also putting pressure on us that we should not compromise."

Even with his job under threat, Hamid appears energized and focused, a man on a mission to keep the political debate in this country going, despite the new restrictions placed on the media. His audience is now a tiny fraction of the millions of Pakistanis who used to watch him on television, but they listen with rapt attention, seemingly starved for information.

"It's a symbolic message," said Hamid. "If you have banned our talk shows on our TVs, if you have locked our studios & you are not able to silence our voice. We are on the streets."

A reporter for a leading paper was shot dead by unidentified gunmen in the southern province of Sindh last week, report Pakistan Press Foundation (PPF), the International Press Institute (IPI) and Reporters Without Borders (Reporters sans frontières, RSF).

Zubair Ahmed Mujahid, correspondent for the national daily "Jang", was riding a motorbike in the town of Mirpurkhas on 23 November, when unidentified armed men opened fire and killed him.

Mujahid was killed because of "his articles criticising the situation of the poor," Mujahid's elder brother told RSF. He wrote a weekly column called "Crime and Punishment" in which he often criticised landowners and police for mistreating the poor. One of his reports led to arrests of local policemen involved in violence against villagers.

"This tragedy is further proof that the authorities are unable to ensure journalists' safety," says RSF.

Since President Pervez Musharraf's declaration of a state of emergency on 3 November, dozens of journalists have been beaten and arrested. But journalists remain defiant and are continuing to protest against the media curbs, reports the International Federation of Journalists (IFJ). On 20 November, more than 180 journalists in Karachi were arrested for protesting against the continuing broadcasting ban on two popular TV stations, GEO TV and ARY Digital. Four journalists were charged with offences related to disturbing the peace, IFJ says. A reporter for Aaj television station, Khurram Hashmi, was abducted and severely beaten by four armed police before being dumped on a side street, says PPF.

Solidarity protests have also extended to neighbouring countries in South Asia, says the South Asian Free Media Association (SAMFA). The Federation of Nepali Journalists (FNJ) presented the Pakistan embassy with a memorandum signed by 20 different rights organisations on 15 November. In Bangladesh, union members are demanding that the draconian press laws in Pakistan be scrapped.

According to IFJ, which recently went to Pakistan on an international crisis mission, media owners are collaborating with journalists to consider further joint actions, including a proposal that the media go on strike and shut down operations for 24 or 48 hours.

Musharraf has mostly targeted political opponents, lawyers and journalists, rather than the militants leading an increasingly strong insurgency, say Musharraf's critics. Suicide bombers killed an estimated 35 people in nearly simultaneous blasts on 24 November in Rawalpindi, a garrison city at the heart of Pakistan's security establishment. Pro-Taliban militants who are fighting security forces in the tribal areas are suspected to be behind the attack.