A private members bill seeking legislation for the protection and welfare of journalists has been submitted to the Upper House of Parliament. The eight-page "Journalists' Protection and Welfare Bill 2011," was submitted to the Senate on Saturday with signatures of Senators belonging to Jamaat-i-Islami (JI), Professor Khurshid Ahmad, Professor Muhammad Ibrahim Khan and Afya Zia. The Bill consists of 14 sections.
Later, speaking at a news conference along with Professor Mohammad Ibrahim, Professor Khurshid said the bill has been drafted in consultation with journalists across the board, adding that if passed into Act, it would address the outstanding issues of the journalist community. He said it was unfortunate that mediapersons like Saleem Shahzad, Wali Khan Babar lost their lives and there was no proper system of insurance and other incentives in the media organisations.
Senators said the lives of editors, reporters, cameramen, photographers and all other persons related to print and electronic media are also as precious as the lives of the rulers of the country. "Today, where the doors of every ministry, department, and divisions are closed on general public in the name of security measures, the media is only source to give awareness about the inside affairs of departments," Professor Khurshid said.
He expressed the hope that if the proposed law is passed, this will be the best example for the world of freedom and respect towards media in Pakistan. The Bill stated that journalist shall not be compelled to disclose their source and if circumstances occur and matters of national security importance are involved where disclosure of source is demanded, the Supreme Court of Pakistan have the right to ask about the source but it would not make it public.
The federal government shall make plans to construct houses for journalists all over the country. Until these facilities are provided, the government will release interest-free loans for journalists on easy instalment basis for the purchase or construction of their houses.
The bill suggests special facilities likewise; journalists reporting as a beat reporter in any department (federal or provincial) shall be assisted with transport facility, including providing concessions to them while performing their duties. The federal government shall formally announce provision of special fares in Pakistan Railways, PIA, and Inter-city transport for journalists. The federal government shall not charge any parking fee for transport from the journalists in any place in Pakistan.
Journalists shall be given access to public places, including government-controlled places except top security military areas, for their professional work without any delay, whenever needed, for coverage in public interest. In case of national calamity, eruption of fire, accidents, or natural disasters, the federal government shall provide special jackets and all other allied facilities such as water, food and fuel to journalists during coverage, especially emergency situations.
Journalist and his immediate family (spouse, children and parents) shall be entitled to free medical treatment at government hospitals all over the country. In case of emergency medical treatment to journalists in case of accidents, calamities and emergencies and the District Health Officer or Tehsil Health Officer, as the case may be, shall be primarily responsible for such treatment.
The government shall provide free education at all levels to the children of journalists and shall be encouraged for scholarships for higher studies. All the officials (of any grade) working in any government department shall ensure facilitation and respect for journalists during their work-related assignments. Every ministry shall allocate reasonable sitting place where basic facilities such as chairs, tables, stationery, and drinking water shall be made available for journalists. Journalists shall be eligible for all above facilities automatically on having valid journalist cards.
For the protection, senators have proposed following safety measures; the government shall provide on-spot and on-demand protection facility to journalists. In case a journalist feels threatened and needs protection in residing or any other area, the SHO of the area where the journalists reside or any other area, shall provide the required protection and security.
If any incident occurs in the limits of any police station and the SHO of the area was informed about the incident but has not taken action, the SHO shall be held responsible for any harm to journalist. It is also proposed in the bill that a Social Security Fund (SSF) shall be established for journalists and in case of sudden death, the spouse, children and other dependants for example parents shall get benefit from SSF, as well as assistance with free education, including scholarships, and marriage assistance.
If a journalist loses life during performance of duties, or is injured, their family shall be compensated with at least Rs 3 million in case of death, Rs 1 million in case of major injury and Rs 500,000 in case of minor injury and the treatment cost would be borne by the government. If a journalist had taken a loan from the government, it shall be waived off automatically after his/her death.
The SSF shall insure every journalist and their immediate family members in Pakistan, who have a valid journalist card, with the government-owned State Life Insurance Company, on the basis of Takaful. It is demanded in the bill that there shall be established a National Journalist Council (NJC) consisting of the following members: one member each from the Pakistan Federal Union of Journalists (PFUJ), All Pakistan Newspaper Employees Council (Apnec), All Pakistan Newspaper Society (APNS), Pakistan Broadcasters Association (PBA), Council of Pakistan Newspaper Editors (CPNE) and Chairman Pakistan Electronic Media Regulatory Authority (Pemra), the Secretary Ministry of Information and Broadcasting and Secretary Ministry of Interior and at least one independent media development organisation registered under Pakistani laws.
A "National Journalists' Council" shall perform the following functions:- to give proposals and programmes to the government for the protection of journalists during their duties; to introduce mechanisms to solve the problems of journalists; to create an enabling and conducive environment in the public and private sectors towards the capacity building and creation of educational opportunities for journalists; to ensure prompt action on the complaints and problems of the journalists; to arrange seminars, consultation programmes, conferences and roundtables where awareness will be generated for the protection of journalists and the honour and dignity of their work; to mediate cases pertaining to payment of wages and other fringe benefits among the media owners and employees; and to take such other steps as may be necessary to achieve the purposes of this Act.
The Bill also demanded some other steps to be taken for supporting and facilitating media likewise; the government shall facilitate and support journalists to effectively serve their role of being the guardians of public interests by ensuring their freedom of expression as guaranteed under Article 19 of the Constitution. Every government department (Federal or Provincial) shall assist media to ensure their right to access to information in accordance with Article 19A of the Constitution, including providing access to all unclassified information. The government shall ensure protection of and support to all women journalists against any type of harassment or discrimination in the performance of their duties.
The government shall share costs with those media organisations who want to build Day Care Centers for their children in or near the places of their work. It is further said in the bill that if any person who willfully interferes with or restrain access to information or coerce any journalist in the exercise of his duties or deprive him of rights guaranteed by this Act or in any manner commits any act in violation of the provisions of this Act, be punished by a fine (as the nature of the case may be), or imprisonment or both, depending upon the severity of the misdemeanour at the discretion of the court. And if the offender is a public official, he shall be stopped immediately from his duties until and unless the case is decided.
In its statement of objects and reasons, the Bill stated that unfortunately, the journalists who are the leading source of news and information for public of Pakistan are targeted and not accorded what they really deserve. Although, the media has created awareness in the society about the national and international issues, but it is a big lapse that media itself is deprived of its due rights and there is no relevant law for the protection of journalists in Pakistan.
Due to the absence of a protection law, the journalists are tortured, harassed, killed or badly injured in the line of duty. Over 70 journalists in Pakistan have so far been martyred in the line of duty since January 1, 2000 and over 2,000 attacked, injured, tortured, assaulted, kidnapped, arrested, harassed and/or intimidated in the same period. The killer of not even one Pakistani journalist killed so far has been arrested, prosecuted or punished.