Considering the recent upheaval in the sphere of media liberalization, specifically the amendments to the Pemra Ordinance 2002, it was imperative to know what opponents of the revised set of media regulations are saying. Is their concern genuine? Are the new media laws designed to strangle freedom of expression, or is it simply a whole lot of partisan hot air? Veteran journalist and Director of the Human Rights Commission of Pakistan, I.A. Rehman, gives his views on the issue.
Q: Do you think the opponents of the Pemra Ordinance 2005 are justified in claiming that the legislation is draconian in that it will stifle freedom of expression?
A: The critics of amendments to the Pemra Ordinance are justified in saying that these amendments have curtailed the space for freedom of expression although even before these amendments the Pemra Ordinance, in my opinion, was a bad law. The reason is that it establishes government control over private electronic media, which is never desirable.
Q: In a volatile, largely uneducated society like Pakistan, is there room for censorship or should there be complete freedom of expression?
A: Some degree of censorship can be defended in an unstable and immature society such as Pakistan, but the essential question is: censorship in whose interest? Traditionally the interest sought to be protected by censorship is that of the state apparatus, which lost its entitlement to this privilege many years ago. The body that defines rules of censorship and implements them must be independent of the government and must be manned by people who can reconcile the interests of the collective and the individual. Further, censorship should follow a scheme of gradual dilution. A society that does not periodically revise its censorship rules and procedures condemns itself to stagnation.
Q: Do you think there needs to be an authority like Pemra at all?
A: There should be an authority to regulate the electronic media but it should regulate the media in both public and private sectors. That Pemra doesn’t have authority over PBC and PTV is ridiculous. An independent body of public experts needs to be created in place of a government-controlled body.