When it comes to the military and the judiciary, Pakistan’s journalists are “between a rock and a hard place,” Zohra Yusuf, of the independent non-profit Human Rights Commission of Pakistan, told CPJ.
In recent months the judiciary, which has a history of siding with Pakistan’s powerful military, has remained largely silent amid attempts to censor or silence the press.
Ahead of yesterday’s elections, CPJ documented how journalists who are critical of the military or authorities were abducted or attacked, how the army spokesman accused journalists of sharing anti-state and anti-military propaganda, and how distribution of two of Pakistan’s largest outlets–Geo TV and Dawn–was arbitrarily restricted.
The judiciary, which has power to take up cases on its own, did not intervene on behalf of the press. But it has continued its practice of threatening legal action against its critics.
Some journalists and analysts said that by not taking action, the judiciary has added to a climate of fear and self-censorship.
The judiciary has at times been seen as a strong supporter of democratic values, but Yusuf said the perception among many people in Pakistan is that the judiciary and the military “seem to be on the same page on certain aspects of our democracy.”
“Now … democracy and media are being presented as a problem,” Yusuf said, adding that journalists are bending over backwards to avoid provoking either institution.
Madiha Afzal, an adjunct assistant professor of global policy at Johns Hopkins School of Advanced International Studies and the author of Pakistan Under Siege: Extremism, Society, and the State, told CPJ she thinks the judiciary is an “all too willing pawn in the military’s hands.” Afzal added, “I also think that it is in broad agreement with the military in its stance on Pakistan’s politics.”
The judiciary did not respond to CPJ’s email and calls requesting comment. Pakistani authorities certainly appear to be taking a tougher stance toward the press.
The country’s media regulator issued a statement this month warning news channels not to air any statements “by political leadership containing defamatory and derogatory content targeting various state institutions, specifically judiciary and armed forces.”
And Ahmad Noorani, a senior journalist with The News, told CPJ that some media houses received instructions from “certain forces” not to cover anything that favored former prime minister Nawaz Sharif or went against the judiciary. Noorani did not provide further details.
Owais Ali, the founder of the Pakistan Press Foundation, said a free media was crucial for free and fair elections. “Whatever the political issues are, they need to be discussed. These include criticisms of the judiciary and the military in the forthcoming elections. The media should not have a price to pay simply for reporting what is being discussed by the politicians and political parties.”
The lack of judicial support does not appear to be linked to court capacity. Pakistan’s chief justice came under criticism from political analysts this year for “judicial activism” — taking on suo motu cases, cases taken on the court’s initiative, Reuters reported. The court has launched inquiries on issues ranging from water shortages, police encounters, and milk prices.
Suo motu cases seem to be taken up “at the drop of a hat,” but when Geo asked the Supreme Court to take on its case, the court refused, Imran Aslam, president of Geo TV, told CPJ, referring to how cable operators arbitrarily blocked the broadcaster’s transmission earlier this year. “I certainly think the judiciary could have done something about Geo.”
The judiciary is supposed to provide justice to the media houses and media workers, but failed to take notice of the situation that the leading news channel of the country was facing, Noorani said. The court could easily have issued an order or at least asked for a report from the relevant regulatory authority, but they didn’t provide any relief to Geo, he said.
Afzal said she thinks the restrictions on Geo and Dawn undermined the outlets’ credibility. “[It] means that many in Pakistan don’t get to hear liberal voices or voices that are critical of the military, which in turn ensures that they remain pro-military and skeptical of liberal voices,” she said.
News outlets that criticize the judiciary often find themselves threatened with legal action. Nearly every major news organization has been served contempt of court notices, Yusuf said.
Last year, Noorani and his paper’s publisher, Jang Group, were served two notices, including one over Noorani’s report on the Inter-services Intelligence. Noorani said the court withdrew the notice after he presented records of his communication and evidence backing the story.
A contempt of court order brought against TV journalist Matiullah Jan and Waqt TV in February, over claims the higher court was insulted on Jan’s talk show, was dropped after the station’s management apologized and Jan said he would exercise more caution, according to Dawn.
Fakhar Durrani, a reporter at The News, said that when he reported last year on judges who were allegedly vying for plots of land that were part of a housing scheme case they were hearing, his organization came under pressure to stop reporting. Durrani, who did not specify where the pressure came from, said he was not able to publish any follow-up stories.
“During that era, my organization was facing contempt of court notices on other issues so they tried not to indulge in any other legal matter,” Durrani said.
Issuing a contempt of court notice to just one news outlet in Pakistan is a sufficient message to all the media houses because it comes from the highest court in the country and there is no way to appeal a Supreme Court order, Noorani said. If the Supreme Court orders the closure of a news station it sends a message to all other media houses to either fall in line or face the consequences, Noorani said.
The uncertainty over what could draw a contempt of court notice exacerbates the situation.
Aslam, of Geo TV, said criticism of any kind is looked upon as almost treasonous. He added, “It’s a scary situation because you don’t know when you’ll be called up in the courts, and this has led us to tread more carefully.”
He added that objective reporting has been skewed in Pakistan because of the constraints “looming” over the media all the time. “What it induces is self-censorship, even if word doesn’t go down to reporters and everybody else, they are looking over their shoulders.”