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Old Monday, August 19, 2013
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Press laws in Pakistan
The Constitution of the Islamic Republic of Pakistan provides for its citizens, fundamental rights, one of which pertains specifically to the Press, Article 19, Freedom of Speech:
Every citizen shall have the right to freedom of speech and expression, and there shall be freedom of the press, subject to any reasonable restrictions imposed by law in the interest of the glory of Islam or the integrity, security or defense of Pakistan or any part thereof, friendly relations with foreign states, public order, decency or morality, or in relation to contempt of court, commission of or incitement to an offense.
The Constitution of Pakistan, then, guarantees the freedom of expression and freedom of the press, subject to reasonable restrictions that may be imposed by law. It is the responsibility of the judiciary to determine the scope and parameters of the permissible freedoms and the extent of restrictions placed on their enjoyment. The judiciary can play a full and effective role only if it is free and independent of any
and every kind or form of control or influence. Although the judiciary has generally been supportive of the freedom of expression and information, and sought to strengthen the mass media, the courts are subject to pressure from the executive branch because the president controls the appointment, transfer, and tenure of judges.
State Press Relation
The press has traditionally experienced the often harsh effects of Pakistan’s political instability. When partition resulted in the establishment of Pakistan as an independent homeland for the Muslims, the Muslim League as a political party struggled with the tasks of leading the new country into stable
statehood. Factionalism, however, quickly contributed to instability, internal strife, incompetence, and corruption. The press at this point was largely a remnant of the Muslim press present during the struggle for independence, and it was seen as aggravating the problems being faced by keeping these issues out in front of the people. Thus, the government began its long history of attempting to control the press through arrests, the banning of certain publications, and other punitive measures.
Ayub Khan’s Era
Between 1948 and 1956, political turbulence intensified with the assassination of the country’s first Prime Minister, Quaid-i-Millat Liaquat Ali Khan, in 1951 and the dissolution of the Constituent Assembly in 1954. However, by 1956, the Constitution of the Islamic Republic of Pakistan was enforced; it contained an article specifically devoted to freedom of speech. The 1956 Constitution lasted less than three years when it was abrogated by the imposition of martial law in October 1958. A new enforcement of the
constitution in 1962 occurred with the removal of martial law by President Ayub Khan. Although this constitution continued the recognition of an initial concept of freedom of expression, in reality, a military ruler imposed the constitution, and it contained no separate chapter on fundamental rights. The press and the public commented on the implications of living under a constitution devoid of mention of such basic rights, which resulted in Constitutional Amendment No. 1 to the 1962 Constitution.
General Yahya’s Regime
However, in 1963, just one year after the adoption of the new constitution, the Press and Publications Ordinance (PPO) came into being. This ordinance contained the harshest of laws curtailing freedom of expression and the progressive development of the media and leading to the March 1969 relinquishing of power by President Ayub Khan to General Yahya Khan who imposed martial law. General Khan relied heavily on one of the measures of this ordinance, the system of press advice given out by the Ministry of
Information and Broadcasting in order to avoid publication of news and reports deemed unsuitable for public consumption. It was also during this period that newspapers and magazines known for their independent and progressive views were first taken over by the government. Eventually the National Press Trust, created in 1964, took over these journals and acted as a front to control a section of the press.
In 1960, the Western Pakistan Maintenance of Public Order Ordinance was promulgated. On the outside, the aim was to consolidate into one law different provisions for preventive detention of persons and control of persons and publications for reasons connected with the maintenance of public order. The real aim was to refine and reinforce the mechanism of repression. With amendments in 1963 and 1964, this law empowered the government to ban the printing of publications, to enter and search premises, and to prohibit import of newspapers, among other measures. These powers have been used by succeeding government’s right up until the government of Musharraf.
In 1961, the government also took over the principal news agency of the country, the APP, arguing that administrative and financial breakdown justified such a move. Instead of allowing private enterprise to improve the quality of the news agency, the government saw this as an opportunity to control what news would be supplied to the print media, to radio, and to the outside world.
In spite of such repressive times, the press took a bold stand in providing alternative sources of news through an independent press. It was also during this time that the Press and Publications Ordinance collected under one law a number of excessive regulatory measures and punitive concepts that had
previously existed in different laws and were now applied heavily to control the press. This press law (PPO) endured for 25 years before being repealed in September 1988.

Zulfiqar Ali Bhutto’s Era
In December 1971, when the break-up of Pakistan and the birth of Bangladesh occurred, General Yahya Khan handed over power to Zulfiqar Ali Bhutto as President and Pakistan’s first civilian Chief Martial Law dministrator who continued to use martial law up to April 1972 when an interim constitution was adopted, prior to the enactment of a new constitution by the National Assembly in August 1973. Bhutto, however, reacting to criticism by various members of the press, imprisoned editors and publishers on the
pretext of national security. The next five years, from 1972 to 1977, represented the beginnings of democracy; however, they were marred by repressive actions toward the press. The new constitution, although formulated on the principles of democracy, human rights, and freedom of speech, did not deliver on these promises. The PPO remained, as did the National Press Trust. Furthermore, through coercion and manipulation, the
government insured that the only other news agency in the country (aside from the government-owned APP), the Pakistan Press International (PPI), was brought under its authority.
General Zia’s Era
In 1977, General Zia ul Haq ousted Bhutto from the prime minister position and once again imposed martial law under which abuse of journalists became public rather than covert. Journalists were flogged in public at Zia’s whim. Although martial law usually ends with a Supreme Court-imposed deadline by
which elections must be held, Zia was given no such deadline, and his time in office up to August 1988 had a deleterious effect on the mass media. Not one single law or regulation of any progressive character was created during Zia’s rule. The only positive outcome of Zia’s rule was the restoration of the news
agency PPI to its original shareholders. Since then PPI provides a valuable alternative news source to the government-controlled APP. In 1985, Prime Minister Mohammad Khan Junejo was elected to the National Assembly, based on nonparty elections, and lifted martial law in December 1985. Even though Junejo was a more democratic political figure, the PPO remained in place under him, and he relied on the old media laws. However, in May 1988 President General Zia ul Haq dissolved the National Assembly and dismissed the Government of Prime Minister Junejo, replacing them with a cabinet of his own and no prime minister. This arrangement only lasted 11 weeks as Haq was killed in a suspicious plane crash in August 1988.
This incident resulted in the Chairman of the Senate, Mr. Ghulam Ishaq Khan, succeeding to the office of President as per the constitution. A caretaker government provided transition to a full-fledged democracy, which included repealing the press law that had coerced the media for so long. A new law, known as the Registration of Printing Presses and Publications Ordinance came into effect in 1988. A key change in this law made it mandatory for the District Magistrate to issue a receipt to an applicant for the issuance of a declaration for the keeping of a printing press or the publication of a journal to provide the applicant with proof that would help avoid government interference.
The most significant change made in the press law of 1988 was the removal of power from the government and the right of an applicant to be heard in person by the authority before any punitive action
was taken, like the closure of a press. Appeals were also now allowed. In addition, newspapers were no longer obligated to publish in full the press notes issued by the government.
For a variety of reasons, the press law of 1988 continued to be re-promulgated as an ordinance through 1997, even though the Supreme Court ruled such re-promulgation unconstitutional. One key reason for
this was the recurring demands by representative bodies of the press to revise the 1988 law even further to remove any executive power to control the press.
Benazir’s Regime
The November 1988 elections saw Prime Minister Benazir Bhutto, the first Muslim woman prime minister of the world, assume office. She brought with her a new phase of liberalism toward the mass media laws and regulations. For example, Bhutto’s government allowed government-controlled radio and television to provide daily and well-balanced coverage of the speeches and statements of its opposition in news bulletins and current affairs programs. Because the print media reaches such a small percentage of the population, this change had a significant impact on the pubic, but was returned to the old, one-sided coverage after only four months because of pressure on Bhutto by her party, the Pakistan People’s Party.
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