Sept 12, 2024
by Munizae Jahangir
ISLAMABAD:
The Supreme Court of Pakistan has accepted the ‘unconditional and unqualified’ apologies submitted by 34 news channels in a contempt matter. The court directed the channels to air the apologies during prime-time slots on their respective networks and hold themselves accountable for defamation or incorrect news reports.
The apology was accepted by the court with the condition that the channels will air the apology on prime time slot and will take self-accountability measures. “If it comes to light that a report is incorrect or defamatory, action will be taken by the channel” the court order said.
“We are cognizant that article 19 whilst guaranteeing the freedom of press makes it subject to reasonable restrictions and article on decency and morality and categorizes article 14 dignity of a man as a fundamental right”, the order added.
The court had issued notices to the channels for broadcasting allegedly contemptuous press conferences by Senator Faisal Vawda and MNA Mustafa Kamal. The case was heard by a four-member Supreme Court bench, led by Chief Justice Qazi Faez Isa, and included Justices Irfan Saadat Khan, Naeem Akhtar Afghan, and Shahid Bilal Hassan.
At a previous hearing on June 28, the court accepted the unconditional apologies submitted by Senator Faisal Vawda and MQM-Pakistan MNA Mustafa Kamal.
However, the court issued show-cause notices to 34 TV channels, asking them to submit explanations signed by their owners and major shareholders.
At today’s hearing, Faisal Siddiqui, representing the 26 TV channels, informed the court that there was no intention to malign the judiciary. Chief Justice Isa asked whether any advertisements were aired during the two press conferences and how much revenue was generated from them. The CJ also inquired about the largest TV channel in the country, to which Siddiqui responded, ‘It should be Geo.’
Siddiqui said that since Faisal Vawda and Mustafa Kamal had apologized,there was a realization amongst the channels that he is representing that the contempt was not justified.
The Chief Justice then questioned why the TV channels did not broadcast the news of the apologies tendered by the two parliamentarians. “You control what people see in Pakistan. You suppressed the order and freedom of expression. Is that how you serve the people of Pakistan?” CJ Isa remarked.
The CJ also said that the TV channels air sensational news to compete with social media which is completely “unbridled” and “rabid”. “It is now a fashion to hide behind freedom of expression,” the top judge observed.
The CJP remarked that the abuses hurled at judges should be reciprocated to the families of media owners.
The bench further asked why news channels did not use time-delay mechanisms to avoid airing contemptuous content. “We want to protect press freedom, but what is the way forward? We are not interested in sending people to jail, but something must be done,” the CJ said.
The CJ criticized court reporters, stating that TV channels assign individuals as court reporters who do not understand the basics of reporting. He questioned whether any channel had ever fired a reporter for filing a false report.
However, he acknowledged that TV channels cannot control what parliamentarians say in their press conferences. Justice Irfan Saadat Khan complained that TV channels repeatedly broadcast the same news , to which Faisal Siddiqui agreed.
The Chief Justice then accepted the apology from the channels, provided they air it during prime-time slots and devise a self accountability mechanism.