Demand and Forfeiture of Securities: The power to demand and forfeit securities vests in the Executive. If after giving the publisher an opportunity of being heard, any newspaper is found guilty of any of the offences given above, the Publisher shall be directed to deposit with the District Magistrate a security amounting to not less than five hundred or more than thirty thousand rupees within ten days, if the security is not deposited, the newspaper shall cease to appear.
If a newspaper deposits the security and is again found contravening Section 24 (!) the Security deposit may wholly or partly be forfeited and a fresh security may be demanded which, if not deposited within ten day, shall result in the annulment of the declaration. The same provisions apply to the printing presses with the difference that the press not depositing the security within ten days, shall be directed not to print or publish anything for such period as may be specified.
Maintenance of Accounts: All printers and publishers shall maintain regular accounts of printing presses and papers showing all receipts, in cash.or kind, and all expenditure incurred by them.
Penalties to be Imposed by law Courts: The following offences shall be punishable by courts of law with fine not exceeding two thousand rupees, or with simple imprisonment for a term not exceeding six months or with both:
1. Non-publication of the print-line
2. Keeping Press without declaration or to go on using it without depositing a security.
3. Making false statement in the declaration.
4. Printing, Publishing, editing or causing to edit a paper in contra ition of the provisions of this ordinance.
If Section. 22 (Assembly or Court Proceedings), or Section 33 (Maintenance of Accounts ) or Section 34 (Issue of Search Warrants) is violated, it would be punishable for a term not exceeding one year or with fine not exceeding ten thousand rupees or with both.
Inquiry Commission: The government may, under Section 35, appoint a commission for the purpose of inquiring into the affairs of any printing press or newspaper generally and with respect to the following matters particularly:
“(a)Whether the printing press or the newspaper is in receipt of any financial aid in cash, kind or otherwise;
(b) whether any such financial aid is being received from citizens of Pakistan/ or from or through persons who are not such citizens;
(c) whether funds are being raise through extortion, blackmail or any deceitful means; and
(d) any other matter connected with or incidental to any of the matters aforesaid.”
The commission shall have powers of a civil court in certain mattes and the proceedings shall be deemed to be judicial proceedings. The commission may appoint a person to take possession of the printing press or newspaper, its property and all documents and to administer the same. The aggrieved party may. make a representation against such take-over and the commission, after giving him a hearing and examining the evidence produced by him may modify, confirm or rescind the order.
On the conclusion of its inquiry, normally to be completed within three months, the commission shall submit its report to government, and if the commission so recommends, Government may suspend, or annul the declaration of the printing press or the newspaper and may also forfeit the printing press.
Tribunal for Appeal: Appeal could be preferred to the government against an order or injunction made under any provision of the Ordinance within two months of its date. One or more tribunals shall be set up for disposal of such appeals. A Tribunal shall be deemed as a civil court and shall have the same powers as are vested, by the code of civil procedure, in a court trying a civil suit. An order passed by a Tribunal shall be final and shall not be called in question in any court.
The composition of a Tribunal shall be as follows.:
1. The Governor of West Pakistan shall nominate “a person who is, or is qualified to be a judge of tht High Court” as Chairman and a person in the Service of Pakistan as member.
2. There shall be one other member to be nominated by the Chairman from amongst two panels, each containing names of not more than six representatives , selected by the government respectively. These panels shall have to be submitted within fifteen day of the receipt of requisition. If one of the two organizations fails or refuses to submit its panel, a member shall be nominated from the panel received from the other organisation. If both fail or refuse to submit panels, the Tribunal shall function without the third member. Decision shall be by majority vote.
Journalists’ Objections: The journalists, according to a survey made a few years back, demanded that.—
1. No taboos be placed on parliamentary and court proceedings
2. There should not be any restrictions on authentication of declarations;
3. The maximum of the security amount should be reduced to ten thousand rupees both for paper and printing presses.
4. Appeals ought to lie with High Court but in case it is not done, the Chairman of a tribunal ought to be a judge of the High Court and not one “who is qualified to be a Judge”
5. Some object to the commission of inquiry into the affairs of newspaper or printing press, on the plea that such powers may be misused by the Executive.
However the people’s movement for democracy, its ultimate success in the form of country wide elections and the ousting of President Yahya from power and assumption of powers by late Mr. Bhutto changed the whole atmosphere in the country and it was demanded that there should virtually be no restrictions on the freedom of the press. The government announced that the Press and Publications Ordinances in various Provinces shall be amended soon the consensus of opinion among journalists seems to be that only the judiciary should have the power to take action against a newspaper or a journalist and tlje Executive should be deprived of such powers.
Meanwhile government appointed a Press Consultative Committee consisting of newspaper editors and government officials which passed the following Press Code of Ethics on
march 17, 1972.
Conforming to the preamble in the united Nations International Code of Ethics wherein it is stated { “Freedom-of information and of the Press is a fundamental human right and is the touchstone of all the freedoms consecrated in the charter of the United nations and proclaimed in the Universal Declaration’of Human rights, and it is essential to the promotion and the preservation of peace.”
And believing that it is necessary to observe a voluntary code of conduct to ensure its functioning in freedom in the most beneficial manner to society, this general meeting of the Press Consultative Committee, held at Karachi on March 17, 1972, decides to adopt the principles of the code as herein set forth:
1. The profession of journalism, which is a public institution, should not be used as an instrument to serve anti-social ends, or interests which are not compatible with this profession. Nor should it be used to the determent of national and public interest.
2. The following are to be avoided in any form of publication, such as articles, news items, photographs and advertisements.
A. Immorality or obscenity.
B. Vulgar and derogatory expressions against individuals, institutions or groups.
C. Libellous or false allegations against. individuals, institutions, groups or newspapers or pu or publications
D Religious sectarianism; arousing one sect j against another
E Glamorization of crime.
3. The right of the individual to protection of his
reputation and integrity must, be respected and exposure of and comment on the private lives of individuals must be avoided unless this is impassively in the public interest.
4. Presentation of news items and comments on events should be fair and objective and there should be no Willful departure from facts.
5. Headlines should not materially distort the contents of the news. x
6. Off-the record briefing should not be published.
7. The journalist should be entitled to protect his sources on information and respect confidence placed in him
8. Embargoes on release dates of news articles and pictures should be rigorously observed.
9. All paid commercial announcement or advertisements should be published in such a way as to leave no doubt that they actually are paid commercial announcements or advertisements.
10. Justified corrections or denials sent as a result of any incorrect information published by newspapers, periodicals or news agencies should be published within the shortest possible period of time so as to effectively eliminate the impression created by the original publication which necessitated the issuance of a correction or denial.
11. The press shall not publish news or comment, photographs or advertisements which may undermine the security of the State or solidarity of the nation.
12. The press shall refrain from publishing anything likely to undermine the loyalty and allegiance of the armed forces of Pakistan.
13. The Press shall not publish anything apt to create J ill-will between different sections of the people, but | it shall not be construed to preclude legitimate j airing of grievances.
14. In dealing whith any situation, the Press shall 1 restrict itself to factual reporting of events without 1 in any ways encouraging or providing any form of j distortion.
15. No newspaper shall accept in any form or shape l any form of bribe or permit personal interest to I influence their sense of justice and impartiality.
There is an understanding that Government would notJ unilaterally take action against a newspaper and instead bring 1 its complaints to the Committee for disposal. It may also herel be added that several leading newspapers have not signed the® code nor has the Council of Pakistan Newspaper Editors 1 (CPNE) committed itself officially with the code.
OTHER LAWS
Official Secrets Act: This law taboos the publication oi official documents marked secret or confidential. There seem®! to be nothing wrong with it as journalists have never objected to “off-the-record” matter given to them in the course of a press ‘ conference. If they are normally bound not to publish what fl termed as “off the record”, they should also be morally bou]S
not to divulge documents marked secret and confidential.
Foreign Relations Act: This prohibits publication of matter which is defamatory of a Ruler of a State outside, but adjoining Pakistan, or of the consort, son or principal Minister ID I such Ruler and tends to prejudice the maintenance of friendly Relations between the Government of Pakistan and the Government of such State. Contravention is punishable under [lection 124-A of the Pakistan Penal Code;
State’s protection Act: The Press commission in its report published in 1959 recommended its repeal as in the later conditions of Pakistan, the Act had become redundant, however iven in Press and Publications Ordinance, provision exists for protection of State acceding to Pakistan.
Pakistan Penl Code: Section 124-A relates to sedition. The definition of sedition was once a subject of controversy and ‘it was demanded to have a appropriate definition. However as the Press Commission Pointed out in 1959, there was no demand before it for amendment of sedition, nor was the loinmission in favour of narrowing down the definition.
Section 153-A makes it punishable to tempt creating |nmity between various classes of people of Pakistan.
Section 499-502 constitute the law of defamation.
Section 505 relates to causing members of the armed lies to mutiny or otherwise disregard or fail in duty, inducing lone to commit an offence against the state or against public fcquillity and to incite one community against the other.
Telegraph Act: This provides for interception of pgraph messages on the occurrence of a public emergency or the interest of public safety.
Post Office Act: This provides for prohibition on transmission by post of certain newspapers and their detention.
Sea Customs Act: It empowers customs authorities toj detain packages containing banned publications imported in the] country. | ‘”M
Security of Pakistan Act: The Sub-Section 1(a) Section! 11 touches upon the journalist’s right to professional secrecy as the Central government is expected to require the legally responsible authorities of a newspaper to disclose their sources of information. The press Commission says. “The wording of| Section 11 of this Act makes it clear that the Government cannot force a newspaper, to disclose the source of information of item published by it except when such an item of news isj likely to endanger the Defence or external relations or Security of Pakistan.. The provision should, therefore remained.”
Section 12 provides for pre-censorship, prohibiting publication of any matter, and banning a publication for ® specified period, forfeiture of copies and refusal to grai| declaration are also included. However all these powers an given ” in the interest of the defence, the external affairs, or th] security of Pakistan, or the maintenance of public order within the federal capital or the maintenance therein of essential supplies or services.
West Pakistan Maintenance of Public Order OrdinancpM This law was promulgated in 1960 providing suspension ofl newspapers for specified periods when they are held guilty oft disturbing public order.
Code of .Criminal Procedure: Under Section 99. A, thfl Provincial Government is empowered to forfeit any newspap® or book or document containing treasonable or seditious matt| punishable under section 123-A, or 124-A or Section 153-Ai Section 295-A of the Pakistan Penal Code. Within two montl of the date of issue of the order, an application may be made) the High Court to set aside the order.