In 1988...

Censorship and denials of freedom of association have long been a feature of Pakistan, particularly during periods of martial law. Since 1953 martial law has been invoked four times... Since the ending of martial law in 1985, the position has gradually improved. But the authorities still exercise considerable control and the tenets of an Islamic state have had a pervasive influence on the circulation of information and ideas.

It has been estimated that about 70 per cent of advertising is from State-controlled undertakings… Government pressure frequently takes the form of ‘press advice’, such as telephone calls to newspaper editors by officials of the Ministry of Information and Broadcasting advising them not to publish news items or features. Those who ignore the ‘advice’ often find government advertisements stopped or greatly reduced.

Between 1977 and 1985, thousands of people were arrested and detained, including publishers, printers, editors, reporters and writers. They were tried by the military courts without either the right to a defence by a lawyer or a right of appeal… Pakistan’s status as an Islamic state has implications for freedom of expression. For instance, television, films, publications and art works may not show nudity or persons attired in what is considered immodest clothing. Scenes of nudity or kissing in imported television programmes and films are severely cut. Read more...

In 2008...

Since martial law was first imposed by General Ayub Khan in 1958, the military has dominated politics in Pakistan. Even when the country was seemingly under civilian rule, as in the 1990s, the military maintained control from behind the scenes. On 12 October 1999, General Pervez Musharraf took power, removing the then Prime Minister Nawaz Sharif.

President Musharraf, following in the footsteps of General Zia ul-Haq, engineered his election in 2002 through a controversial referendum in which he was the sole candidate. He sought to legitimate his rule through the 2002 Legal Framework Order, but the 2002 general elections were marked by widespread allegations of rigging. Among other things, the leaders of the two main opposition parties were sent into exile and thus prevented from standing.

The military domination of the country has had a severe detrimental effect on all human rights, including freedom of expression. The government has not only maintained colonial instruments such as the 1923 Official Secrets Act, but has also introduced legislation restricting freedom of expression. Attacks, threats, detention, murder and disappearances of media personnel are common, and freedom of expression for women and minorities is significantly curtailed.

The latest parliamentary election, in February 2008, brought a new hope for democracy in Pakistan. The President’s party, PML-Q, lost more than two-thirds of its seats, and the two main opposition parties – the Pakistan People’s Party (PPP) and the Pakistan Muslim League (Nawaz) (PML-N) – gained an overwhelming 154 seats. It means that the next government will have to be a coalition, hopefully with a strong democratic mandate.

Legal and Regulatory Framework

‘Promises of more independence in the crucial broadcasting sector have yet to be realised. On 4 June 2007 amendments to the 2002 Ordinance gave the government draconian powers, including the power to seize equipment and seal the premises of television channels.’

Article 19 of the 1973 Constitution states: ‘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 defence 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 offence.’ The currently enforced 1973 Constitution is the supreme law of the country and all laws passed should be in line with the Constitution. However, this Constitution has undergone various amendments, especially during the previous period of martial law (1977-1985), which have weakened the guarantees it provides for equal rights. Successive governments have used other laws to curb freedom of expression, many of which date back to the colonial era. These include:

• Pakistan Penal Code, 1860
• Press and Registration of Books Act, 1867
• The Telegraph Act, 1885
• Code of Criminal Procedure Act, 1898
• Official Secrets Act, 1923
• Press (Emergency Powers) Act, 1931
• Control of Essential Commodities Ordinance, 1956
• Maintenance of Public Order Ordinance, 1960
• The Associated Press of Pakistan (taking Over) Ordinance, 1961
• Copyright Ordinance, 1962
• Newsprint Control Ordinance, 1971
• Pakistan Broadcasting Corporation Act, 1973
• Contempt of Court Act, 1973

The Pakistan Electronic Media Regulatory Authority Ordinance (2002), promulgated by President Musharraf, established the Pakistan Electronic Media Regulatory Authority (PEMRA) to take over from the government regulation of private broadcasters. Even video images relayed on mobile phones and the Internet were brought under the purview of PEMRA. The government, however, appeared unwilling to tolerate such independence and transferred PEMRA from the Cabinet Division to the Information Ministry. Like other regulatory bodies, PEMRA had originally been put under the Cabinet Division so that the Ministry could not influence its decisions.

Promises of more independence in the crucial broadcasting sector have yet to be realised. On 4 June 2007 amendments to the 2002 Ordinance gave the government draconian powers, including the power to seize equipment and seal the premises of television channels. On 9 June, following widespread national and international protests against the amendments, President Musharraf promised to withdraw them on condition that the electronic media developed its own code of conduct. Negotiations are continuing on this issue.

Political Expression

Political expression has been under serious attack in Pakistan. During President Musharraf’s rule, the leaders of the two major political parties were sent into exile. Nawaz Sharif, leader of the Pakistan Muslim League party, was sentenced to life in prison for purported tax evasion and treason among other offences following the coup in 1999. Nawaz Sharif’s brother, Shahbaz, another politician, was also exiled in 2000. Those who have been imprisoned include political dissidents Javed Hashmi and Saad Rafique. Political opposition figures have been rounded up in midnight raids timed to impede planned protest rallies.

‘Benazir Bhutto, the former prime minister of Pakistan, narrowly survived an assassination attempt in October 2007 during her jubilant homecoming after years in exile. More than 140 people were killed in coordinated bombings. Her subsequent assassination in December 2007 remains shrouded in secrecy – another low point for press freedom.’

One low point was on 12 May 2007 when the Chief Justice of Pakistan, Justice Iftekhar Muhammad Chaudhry, who had been suspended in March 2007 for alleged ‘misuse of authority’, was prevented from addressing a rally of opposition political parties in Karachi. In the violent disturbances that followed, at least 34 people died and 120 were injured in a single day. Justice Chaudhry was reinstated in July 2007 following a ruling by the Supreme Court that quashed all of the corruption charges against him and held that his suspension was ‘illegal’.

In the months to follow Pakistan’s political landscape witnessed unprecedented chaos, murders and attacks on freedom of expression. Benazir Bhutto, the former Prime Minister of Pakistan, narrowly survived an assassination attempt in October 2007 during her jubilant homecoming after years in exile. More than 140 people were killed in coordinated bombings. Her subsequent assassination in December 2007 remains shrouded in secrecy – another low point for press freedom. Police have not resolved that case. Benazir Bhutto’s assassination also demonstrates the growing power and reach of militant forces which pose an existential threat to the country and the rights of its citizens. Sectarianism, ethnic nationalism and militant forces all threaten the lives and freedoms of Pakistan’s people.

News Media

There are around 1,000 daily, 1,650 weekly and 2,700 monthly publications in Pakistan, many of which are privately owned. Despite these large numbers, many factors curb the media’s ability to report independently. The government exerts control on the media through legal instruments such as advertising quotas and licensing. Business interests influence what is reported as the media are dependent on advertising for their financial well-being.

Religious hardliners as well as opposition political parties also threaten and harass the media. In Karachi, media personnel and their offices have been attacked by members of the Mohajir Qomi Movement, a political party.

The dominant players, such as Pakistan Television and Radio Pakistan, are State-owned. Nevertheless, 22 of the 45 television channels are privately owned, and some 100 privately owned FM radio stations operate in major cities across the country. However, none of them are allowed to broadcast news, and licences are not awarded to opposition political parties. Religious extremists have tried to harness the power of the media, launching several illegal radio stations to broadcast religious messages in tribal areas of Pakistan. Much of the private media is concentrated in the hands of a few. For example, the television news programme Geo News is owned by Mir Shakil-ur-Rehman, who also owns the daily newspapers The News and Jang. Dawn News is owned by the Haroon family, which also owns the daily The Dawn, while Aaj TV and the financial daily Business Recorder are owned by the Zubairi family.

The emergence of satellite broadcasting in the early 1990s and the subsequent proliferation of cable television led to the beginnings of a shift away from monopoly State control of the broadcast media. This allows for greater choice, and access to a wider range of information and alternative viewpoints. Nevertheless, these alternative media lie out of reach for the majority – 68 per cent of the population live in rural areas still only able to access the State-controlled Pakistan Television and Radio Pakistan.

New Technologies

The telecommunications and Internet industry has seen some growth over the last few years, although Internet coverage is still low at only 6.5 per cent of the total population. Currently, there is no law allowing for Internet censorship. However, pornographic and anti-establishment political websites have frequently been blocked. For example, at the height of the insurgency in Balouchistan in 2005 to 2007, there were frequent bans on Baloch sites and other more general websites, such as blogspot, for their alleged spreading of hatred, nationalism and ethnic bias. Despite attempts to censor them, alternative views on controversial matters have proved impossible to block completely. Many images of the violence in Karachi on 12 May 2007 captured on digital cameras appeared on YouTube and were viewed by millions, giving citizens an opportunity to judge for themselves what happened that day.

Repression of Media Workers

Threats and attacks against journalists are common in Pakistan. Nineteen journalists were killed while performing their professional duties between 1999 and 2006, and attacks look set to continue. On 4 April 2007, tribal journalist Din Mohammad accompanied a group of visiting journalists to the town of Wana to help them meet local tribal militant commanders and report on the conflict between local Waziri tribesmen and Uzbek militants with suspected links to al-Qa’ida. In retaliation, Uzbek militants killed Din Mohammad’s father, uncle, cousin and 15-year-old brother, and abducted three other family members.

Harassment by the authorities is a serious threat to journalists. Mukesh Rupeta, a journalist working with a private television news channel, along with his cameraman, Sanjay Kumar, were detained under the Official Secrets Act in March 2006 by intelligence agencies for filming a military base used by US forces. Following mounting pressure on the intelligence services to reveal their whereabouts, the two men were finally brought before a court three months later. Mukesh Rupeta had been so badly mistreated that his wife did not recognise him. Both men were charged and detained for seven more days.

Mehruddin Marri, a reporter for the Sindhi-language newspaper Kawish, went missing in Badin district in June 2006 and was only released after four months of torture. He alleged that he was arrested by Thatta police and handed over to intelligence agencies which interrogated him about his ties with Baloch leaders. Before his release, a soldier warned him: ‘Never defy the State and the secret services’.

Media outlets have also been attacked. During the violent crackdown on 12 May 2007 described above, the Aaj TV building in Karachi was fired on for more than six hours. Law enforcement agencies were nowhere to be seen despite repeated on-air appeals by the station’s staff to save them. On 16 March 2007, the Geo TV building in Islamabad was attacked by police and tear gas was fired at its employees. The television channel aired scenes in which policemen, armed with sticks, were seen breaking the windows of its offices. The attack followed the television station’s refusal to stop broadcasting footage of protests against the Chief Justice’s suspension.

Media Censorship

‘Various tactics have had a chilling effect on the media. The ever-present threat of the partial or complete withdrawal of the vital revenue of government advertisements often coerces the media into toeing the official line.’

Various tactics have had a chilling effect on the media. The ever-present threat of the partial or complete withdrawal of the vital revenue of government advertisements often coerces the media into toeing the official line. There is also the constant fear that media outlets will lose their licence if they upset the government. For example, the government took exception to the live coverage of the lawyers’ campaign against the suspension of the Chief Justice in 2007. Live coverage was banned and even recorded programmes were taken off air. Aaj TV was served notice that its licence was to be revoked, although this was later withdrawn.

Art Censorship

Orthodox Islamist trends in Pakistan, often in collusion with the State, have limited the ability of the performing arts to flourish. Baton-wielding conservative students, backed by religious political parties, have repeatedly imposed their moral values by sabotaging art shows, especially those involving Indian artists. On many occasions, the government has banned theatre productions, claiming the performances were immoral. In April 2007, for example, following protests by Islamist politicians, the play Burqavaganza was banned for using the image of the burqa as a satirical metaphor for double standards in contemporary Pakistan. The Central Film Censor Board routinely bans the screening of Indian movies on pretexts ranging from the protection of the Pakistani film industry and the immoral content of the movie to the continuing conflict between the two countries.

In the Federally Administered Tribal Area and the North West Frontier Province, music and video businesses have been increasingly targeted by religious extremists, who believe that movies and pop music are ‘immoral’ and not in keeping with Islamic values. In June 2007 alone, there were more than 20 bomb attacks on such businesses. Many businesses have been reduced to rubble, and persistent threats have forced many shop owners to close their businesses.

Censorship of Particular Groups

The blasphemy laws are used to curtail the expression of ‘alternative’ religious views. President Musharraf had promised to amend these laws, which have often been used to settle personal scores against minority groups, but he backed down under pressure from Islamist parties and extremist forces.

‘Women’s freedom of expression is subject to structural constraints in Pakistan. Only around five per cent of working journalists are women. Women’s voices are seldom heard and, in a male-dominated environment, women journalists are put under pressure to refrain from tackling women’s issues in depth.’

The government of Punjab Province banned a century-old newspaper Daily Al-Fazal, which was published by the Ahmadi sect, and raided its office in Chenab Nagar on 10 September 2006. The police also confiscated all the publications and sealed the offices. The Daily Al-Fazal was founded in 1911, and is one of the oldest newspapers in Pakistan. No previous ban had been imposed until this incident. According to Deputy Superintendent of Police Saeed Tatla, the raid was a part of the government’s campaign to confiscate religious ‘hate-literature’.

Women’s freedom of expression is subject to structural constraints in Pakistan. Only around five per cent of working journalists are women. Women’s voices are seldom heard and, in a male-dominated environment, women journalists are put under pressure to refrain from tackling women’s issues in depth. Reporting of women’s concerns such as domestic violence, rape and child marriages are commonly viewed through a skewed lens that blames the woman for her situation.

Politically, representation of women and minorities in government is slowly improving following the introduction in 2005 of special quotas for women (10 per cent) in all tiers of government and for minorities in local government. Although this is a start, these quotas are still exceedingly low, leaving both minority groups and women vastly under-represented in the political system.