The democracy can neither work nor prosper unless people go to share and formulate their views and opinions on a proper basis and to exercise their social, economic and political rights in a free society in an informed manner. Article 19 of the Constitution of Pakistan gives freedom of speech and expression to its citizen because a free exchange of ideas, thoughts, dissemination of information without restrains, dissemination of knowledge, airing of differing viewpoints, debating and forming one’s own views and expressing them, are the basic indicator of a free and democratic society.
“A popular Government, without popular information, or the means of acquiring it, is but a Prologue to a Farce or a Tragedy; or, perhaps both. Knowledge will forever govern ignorance: And a people who mean to be their own Governors, must arm themselves with the power which knowledge gives.”
James Madison
Democracy is a government by the people via open discussion. The democracy can neither work nor prosper unless people go to share and formulate their views and opinions on a proper basis and to exercise their social, economic and political rights in a free society in an informed manner. Article 19 of the Constitution of Pakistan gives freedom of speech and expression to its citizen because a free exchange of ideas, thoughts, dissemination of information without restrains, dissemination of knowledge, airing of differing viewpoints, debating and forming one’s own views and expressing them, are the basic indicator of a free and democratic society.
These constitutionally guaranteed rights are not absolute but are subject to the exceptions clearly described in the respective Articles of the constitution. When these rights are denied to the people, or are allowed to be breached by state functionaries, then other constitutionally guaranteed rights are also deeply affected.
Free speech is the bedrock & a foundation of a functioning democracy and the voice of dissent is indispensable for healthy democracy. Therefore, merely for the criticism of any political parties/institutions, it is not justified to invoke sedition offences against the citizen of state, particularly against the Journalist because we all are in agreement that Journalism isn’t a crime – and journalists shouldn’t be prosecuted for just doing their jobs which is also constitutionally protected under article 18 of the Constitution.
The recent persecution drive against the Journalist is very alarming and is in clear violation of rights guaranteed in the constitution of Pakistan , The Honorable Supreme Court of Pakistan in Syed Mansoor Ahsan case has eloquently highlighted the significance of protecting the right of free speech and expression by declaring it to be one of the pillars of individual liberty and has stressed on the duty of a Court to faithfully uphold its sanctity in terms of the constitutional mandate.
The function and duty of a free press to act as a watchdog and disseminate information cannot be compromised. The benefits of protecting the right of having a free press are infinite. Freedom of the press would be elusive and would become a mere farce if journalists lose their independence and function under fear of being exposed to harm or retaliation because of their reporting and performing of other occupational functions. Even such a perception created by the actions of the agents of the state would be enough to undermine and violate the constitutionally guaranteed rights under Articles 19 and 19-A of the Constitution.
The threat, whether real or perceived, of direct or indirect censorship because of functions performed by an independent journalist would amount to a breach of the constitutionally guaranteed rights under Articles 19 and 19 A of the Constitution. The duty of the state to protect the independence of the individual journalist and that of the occupation is a constitutional obligation because it is an integral part of Articles 19 and 19 A.
It is an acknowledged proposition that the protection of free press and free speech has a direct nexus with ensuring economic stability and growth. A society that values democratic principles and is committed to upholding the rule of law would manifestly advance the cause of protecting freedom of the press and free speech. The evils of corruption, inequality and injustice are alien to a state which demonstrably shows its commitment and will to jealously guarding any attempt of violating or undermining the freedoms enshrined under Articles 19 and 19 A of the Constitution.
Free speech and press is crucial for encouraging and ensuring creativity, innovation and socio political evolution of a society. A society that inhibits creativity and innovation recedes to the status of regression and morbidity. Blocking, inhibiting or limiting free speech and thus undermining freedom of the press are hallmarks of regressive states and are unacceptable in a society governed under a Constitution which guarantees fundamental rights. Free press is the key to development and progress and thus a panacea to evils like poverty, corruption and inequality. Freedom of the press ensures peace because it is the most effective antidote against violence, aggression, anarchy and extremism. It serves as a safety valve by enabling citizens, groups and sections of the society to vent grievances, anger and frustration.
A free press functions as a bulwark against resolution of disputes through violent means. Poverty, corruption, injustice, discriminatory treatment of marginalized citizens and minorities, violence and extremism are all common characteristics of a repressive state that limits, restricts and undermines the freedom and independence of the press. It is inherent in the constitutionally guaranteed rights under Articles 19 and 19 A that no citizen, group or section of the society would be denied access to a free press. No State or society can progress or rid itself of evils such as poverty, corruption and violence if its citizens or members are unable to communicate and articulate ideas without fear or threat of retaliation. It denies to the people an opportunity of meaningful participation in the society when the state functionaries resort to intimidating the independent and professional journalist as retaliation for their work.
The development of a nation and its prosperity depends on protecting the right of every citizen, group or section to have an equal voice and thus have the right to speak without fear or being intimidated. The lack of access of the people to a free press affects the weaker and marginalized segments of the society the most because it empowers the elite and makes them unaccountable. The most effective accountability of the state and its powerful elite is through an independent and responsible press. The state and its agents cannot be allowed to use power and authority to silence voices and to retaliate against critical reporting or dissent. Only informed citizens having access to an independent and free press can ensure progress, prosperity and security of the state.
Nothing can inhibit the constitutionally guaranteed right under Article 19 of the Constitution more than the fear of an independent journalist that he or she, as the case may be, could be exposed to harm because of what the latter reports, says or writes. No one is above the law, not even a journalist, law is allowed to be used in a manner that has the effect of intimidation or creates the perception of retaliation against reporting which may appear to be critical to the public functionaries then it violates the constitutionally guaranteed rights. In such an eventuality it becomes a constitutional obligation of the state and the government to assure the people through its actions that they are not complacent. As a corollary, the state functionaries have to demonstrably show a clear will and commitment to protect the freedom of the press and the independence of journalists. There is wisdom in the words of Eleanor Roosevelt, who chaired the committee of UN Commission on Human Rights for Universal Declaration of Human Rights (UDHR)
‘Where, after all, do universal human rights begin? In small places, close to home – so close and so small that they cannot be seen on any maps of the world. Yet they are the world of the individual person; the neighbourhood he lives in; the school or college he attends; the factory, farm, or office where he works. Such are the places where every man, woman, and child seeks equal justice, equal opportunity, equal dignity without discrimination. Unless these rights have meaning there, they have little meaning anywhere. Without concerted citizen action to uphold them close to home, we shall look in vain for progress in the larger world.
The writer is Islamabad based lawyer and can be reach out through Twitter @rajaqadeer