Freedom of expression: New law robs journalists of their sources
Rule 46 aims to place government beyond any media criticism.
FAISALABAD:
A ban has been imposed on all government officials from interacting with the media under the new “Protection and communication of official information” rule.
As per Rule 46 of the Punjab Government Rules of Business 2011, which was recently circulated among all provincial departments all government employees are hereby forbidden to speak with journalists about official business.
The various addendums to the law include:
(1) A government servant shall not communicate any information acquired directly or indirectly from any official document or otherwise to the media, to non officials, or to officials belonging to other government offices, unless he has been, generally or specially, empowered to do so.”
(2) The chief secretary shall issue detailed instructions about treatment and custody of official documents and information of a confidential character.
(3) Ordinarily, all official news and information shall be conveyed to media through the Information, Culture and Youth Affairs Department, in the manner, generally or specially, prescribed by the Department.
(4) The ministers, secretaries and such other officers as may be authorized shall act as official spokesmen of the government”.
Following the circulation of the above rules of business, various government departments refused to meet with media persons and share information on Sunday. “We didn’t know about the new ruling but suddenly we were unable to file any proper stories. How can we file proper reports of criticisms of government department if they are unwilling to speak to us?” said a reporter Nadeem Alvi.
Department officials refused to discuss any official information with the press, particularly in the home, police, health, irrigation, revenue and other departments that fall under the Service and General Administration Department. “These are the only departments that receive the most complaints! This is the government’s way of ensuring we cannot cover these departments. The only things left behind for us to cover will be the culture and entertainment stories!” said an enraged district reporter from Khanewal Hussain Shah. “I spent my entire morning shuffling back and forth between government offices trying to get a quote but there was nothing. Does the government really think that people will stop criticising them if they try to shut us up like this?” he added.
The sources said that all departmental heads and secretaries were asked to ensure that their employees avoid talking to media persons unless asked by the highest authority. “Breach of discipline will be dealt with strictly in accordance with the rules,” said a Water and Sanitation Agency (Wasa) official Rahbar Khan.
Government officials from several departments said that they were merely following instructions. “None of the persons in the chief minister’s secretariat and the Service and General Administration Department was willing to share information about the visit of the chief minister to China and other countries,” said Shah.
According to Rule 47 of the Rules of Business of the Punjab Government a new ‘channel of correspondence’ has been set up. The new channel of correspondence is “All correspondence with the Federal Government or a Pakistan Diplomatic Mission abroad or a Foreign Mission in Pakistan or an International Organization shall normally be conducted through the Ministry of Foreign Affairs of the Federal Government.”
Meanwhile, constitutional experts termed Rule 46 as ultra vires, arbitrary and against the spirit of the Constitution. Mohmmad Azhar Siddique, a leading constitutional lawyer, said that no rule can supersede rights guaranteed under the Constitution.
“This law essentially bars not only freedom of expression but freedom of inquiry,” he said.”Under Article 19 of the 1973 Constitution it was laid down that “every citizen shall have the right to freedom of speech and expression, and there shall be freedom of the press, subject to any reasonable retractions imposed by law in the interest of glory of Islam or the integrity, security or defence of Pakistan or any part thereof, friendly relations with foreign states, public order, a decency or morality, or in relation to contempt of court, commission or incitement to an offence”.
He further pointed out that by the recently adopted 18th Amendment in the Constitution, a new article 19-A has been inserted which mainly says “Every citizen shall have the right to have access to information in all matters of public importance subject to regulation and reasonable restrictions imposed by law.”
The new legislation is being viewed as a serious threat to the media. Reporters from all over Punjab have protested that the law is in violation of the spirit of freedom of expression and will greatly hinder the function of the media as a ‘watchdog of society’.
Published in The Express Tribune, May 30th, 2011.
A ban has been imposed on all government officials from interacting with the media under the new “Protection and communication of official information” rule.
As per Rule 46 of the Punjab Government Rules of Business 2011, which was recently circulated among all provincial departments all government employees are hereby forbidden to speak with journalists about official business.
The various addendums to the law include:
(1) A government servant shall not communicate any information acquired directly or indirectly from any official document or otherwise to the media, to non officials, or to officials belonging to other government offices, unless he has been, generally or specially, empowered to do so.”
(2) The chief secretary shall issue detailed instructions about treatment and custody of official documents and information of a confidential character.
(3) Ordinarily, all official news and information shall be conveyed to media through the Information, Culture and Youth Affairs Department, in the manner, generally or specially, prescribed by the Department.
(4) The ministers, secretaries and such other officers as may be authorized shall act as official spokesmen of the government”.
Following the circulation of the above rules of business, various government departments refused to meet with media persons and share information on Sunday. “We didn’t know about the new ruling but suddenly we were unable to file any proper stories. How can we file proper reports of criticisms of government department if they are unwilling to speak to us?” said a reporter Nadeem Alvi.
Department officials refused to discuss any official information with the press, particularly in the home, police, health, irrigation, revenue and other departments that fall under the Service and General Administration Department. “These are the only departments that receive the most complaints! This is the government’s way of ensuring we cannot cover these departments. The only things left behind for us to cover will be the culture and entertainment stories!” said an enraged district reporter from Khanewal Hussain Shah. “I spent my entire morning shuffling back and forth between government offices trying to get a quote but there was nothing. Does the government really think that people will stop criticising them if they try to shut us up like this?” he added.
The sources said that all departmental heads and secretaries were asked to ensure that their employees avoid talking to media persons unless asked by the highest authority. “Breach of discipline will be dealt with strictly in accordance with the rules,” said a Water and Sanitation Agency (Wasa) official Rahbar Khan.
Government officials from several departments said that they were merely following instructions. “None of the persons in the chief minister’s secretariat and the Service and General Administration Department was willing to share information about the visit of the chief minister to China and other countries,” said Shah.
According to Rule 47 of the Rules of Business of the Punjab Government a new ‘channel of correspondence’ has been set up. The new channel of correspondence is “All correspondence with the Federal Government or a Pakistan Diplomatic Mission abroad or a Foreign Mission in Pakistan or an International Organization shall normally be conducted through the Ministry of Foreign Affairs of the Federal Government.”
Meanwhile, constitutional experts termed Rule 46 as ultra vires, arbitrary and against the spirit of the Constitution. Mohmmad Azhar Siddique, a leading constitutional lawyer, said that no rule can supersede rights guaranteed under the Constitution.
“This law essentially bars not only freedom of expression but freedom of inquiry,” he said.”Under Article 19 of the 1973 Constitution it was laid down that “every citizen shall have the right to freedom of speech and expression, and there shall be freedom of the press, subject to any reasonable retractions imposed by law in the interest of glory of Islam or the integrity, security or defence of Pakistan or any part thereof, friendly relations with foreign states, public order, a decency or morality, or in relation to contempt of court, commission or incitement to an offence”.
He further pointed out that by the recently adopted 18th Amendment in the Constitution, a new article 19-A has been inserted which mainly says “Every citizen shall have the right to have access to information in all matters of public importance subject to regulation and reasonable restrictions imposed by law.”
The new legislation is being viewed as a serious threat to the media. Reporters from all over Punjab have protested that the law is in violation of the spirit of freedom of expression and will greatly hinder the function of the media as a ‘watchdog of society’.
Published in The Express Tribune, May 30th, 2011.