Freedom of Information is a fundamental human right BOKHARI

Draft SPEECH
of
             
Hon’ble ,CHAIRMAN SENATE
SYED NAYYAR HUSSAIN BOKHARI

For THE CONCLUDING SESSION OF TWO-DAY ROUND TABLE CONFERENCE,
ARRANGED  By PRESS COUNCIL OF PAKISTAN,
ON JUNE 29, 2012

· Mr. Raja M. Shafqat Khan Abbasi,
Chairman, Press Council of Pakistan.
· Honourable Members of the Council.
· Worthy Scholars, Intellectuals, Academia.
· Distinguished Guests.
· Ladies and Gentlemen!
Aslam-o-Alaikum!
  I am deeply honoured and privileged to have been invited by the Press Council of Pakistan to address this august gathering that brings together our intellectual capital from eminent universities of the country to deliberate and help chisel contours of a code of ethics and conduct that can be implemented by the media to promote healthy and positive trends in journalism. I take this opportunity to convey my appreciation and acknowledgment to the Press Council, especially, the worthy Chairman Mr. Raja M. Shafqat Khan Abbasi, for taking this noble initiative to discuss and brainstorm the important issue of Media Ethics, which has taken centre stage in the present age of information technology and 24/7 media. Ethics is a code of values, which govern our lives, and are, thus, very essential for moral and healthy life.
Ladies and Gentlemen!

In the modern day world, access to information has become as inalienable a right to human beings as the right to freedom and speech.
Considering the primacy of this right, the United Nations General Assembly, as far back as 1946, had recognized that “Freedom of Information is a fundamental human right and the touchstone for all freedoms to which the United Nations is consecrated”.
Subsequently, the right to information was referred to in two key international human rights instruments: “The 1948 UN Universal Declaration of Human Rights”, and the “International Covenant on Civil and Political Rights of 1966,” which came into force in 1978.

Article 19 of the Universal Declaration of Human Rights, 1948, defines the right to access information in the following terms:
“Everyone has the right to freedom of opinion and expression: this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers”.

Likewise, citizens’ access to information and freedom of media has also been enshrined in the Constitution of Pakistan.
Article 19 states: “Every citizen shall have the right to freedom of speech and expression, and there shall be freedom of the press…”

Similarly, Article 19-A, which has been added following the 18th Constitutional Amendment, further cements Right to Information as a fundamental right by stating that:

“Every citizen shall have the right to have access to information in all matters of public importance.”
Ladies and Gentlemen!
These aforementioned references to international human rights covenants and our own Constitution underpin the widely respected and popular discourse that the modern democratic edifice has been constructed upon the individual liberty of expression of thought and access to information as the supreme principle.
Having access to information plays a key role in efforts to curb corruption and control its impact.  Ensuring access to information is, therefore, a fundamental requirement for establishing an effective system of national integrity.
Likewise, transparency, accessibility and accountability, as well as people’s participation in the democratic process, largely depend on the quality of information available to members of parliaments, parliamentary administrations, and on citizens’ access to parliamentary proceedings and documents.

This is where Media stands out as bridge between the state, the legislature and the public, making it an indispensable pillar of democracy. Parliamentary democracy can flourish only under the watchful eyes of the media, which not only purveys public opinion, but also shapes it.

Connecting the citizenry and elected representatives, Media acts as a conduit facilitating two-way flow of information -- to and from the parliament. Parliament and the media, though each is independent in any democracy, are complementary in their activities and effects. They are collaborators in the same course that is:

“The course of enlightenment and good governance of citizens.”
The relationship between these two and their interaction with other institutions, the executive and the judiciary, are crucial to the cause of good governance.

Ladies and Gentlemen!


In a democracy, it is the free choice of the media to report and comment as they wish. As members of the renowned Fourth Estate, journalists are free to use their wit, conviction and humour to make their point. However, on the flip side, it’s also very important that they do so within the bounds of decency, good taste, and established journalistic ethics and norms.

Quoting Albert Schweitzer, German Nobel Peace prize winning mission doctor and theologian, “The first step in the evolution of ethic is a sense of solidarity with other human beings”.

Considering the paramount of influence of media in shaping public perception, it is all the more important for it to abide by a code of ethics that spells out moral principles or values to help guide the conduct of journalism. If wielding enormous power is important, the manner in which it is used is even more important.

Ladies and Gentlemen!

In this age of globalization, the responsibility of media to safeguard the interests of the people and the nation has increased manifold. With the advent of 24/7 TV channels, the media seems to have taken over the reigns of human life and society in every walk of life.

Powered by awesome advancements in Information and Communication Technologies with their vast reach, the media is, quite simply, one of the most powerful forces on earth today. It is not just the Fourth Estate, but it has assumed the foremost importance in society and governance.

While playing the role of informer, the media has also taken lead as a motivator and leader, wielding the influence to make or unmake any individual, institution or even thought. Such is the all-pervasive and all-powerful role of media today.

However, with great power, comes great responsibility, too!

The media must not lose sight of its duties and obligations.  Freedom of expression is no doubt a fundamental right; but it has to be broadly guided and bound by societal duties and ethics. Media should inculcate a culture of responsible and objective reporting with a fair bit of self-restraint. Sensational and provocative depiction of issues must be avoided in order to preserve and promote the trust of the people and maintain credibility.

Balanced, unbiased and objective portrayal of issues is akin to a sensitive balancing act that is essential to protect the rights of individuals while exercising the right of expression. The media today is not only an opinion maker, but also opinion shaper. This places a double responsibility on the shoulders of journalists and mediapersons to be just, fair and impartial in their reporting. They have a special responsibility towards maintaining the highest standards of reporting and comment.

Editors, in particular, are the upholders of these norms. It is they who should be bold enough to curb the excesses, if any, through adequate and spontaneous correction.

Ladies and Gentlemen!

Freedom of press is also one of the corner stones of the historic Charter of Democracy. Article 14 of the Charter states that:
 “The press and electronic media will be allowed its independence. Access to information will become law after parliamentary debate and public scrutiny.”

The present people’s government’s resolve to respect independence of media echoes back to Shaheed Mohtarma Benazir Bhutto's first democratic government that worked on the same principle and liberated the press in 1988 by allowing free import of newsprint; abolishing government permission to establish newspapers and journals; and introducing private radio and television stations.

Ever prior to that, in order to safeguard the rights of working journalists, the concept of 'wage award' was introduced by the democratic government of Shaheed Zulfikar Ali Bhutto in 1973.

In the same spirit, the present People's Government recognizes that a free and vibrant press is the greatest guarantor against tyranny and oppression.

President Asif Ali Zardari has time and again appreciated the vital role of media in establishing democracy, and reaffirmed the present people’s government’s commitment to free flow of information. President Zardari firmly believes that responsible and informed media would help strengthen democracy by identifying gaps in governance and suggestions for improvement.

Ladies and Gentlemen!


Taking advantage of Pakistan’s media and information revolution, the present government is setting the contours of a constructive new discourse that will give people courage to move forward in a democratic dispensation.

Under authoritarian regimes, democratic forces and media have always remained reinforcing partners in the struggle for democracy. With the restoration of democracy, this partnership continues and flourishes.
The Government is following a multi-pronged policy of engagement and partnership with the media. It again goes to the credit of the present people’s government to revive the Press Council of Pakistan for furtherance of its agenda of healthy partnership with media to strengthen democracy.

The core objective of the Press Council of Pakistan, as well as similar bodies across the world, is to specifically promote the standards of media by promoting an ethical code of practice. However, here it is necessary to distinguish that these ethics are not meant to influence independence of press in any way.
The prime motivation is to make possible fair and objective use of the press for maintaining freedom of speech and expression in true spirit.

I also take this opportunity to appreciate and acknowledge the healthy contributions and suggestion made by our worthy participants to help Press Council on its way. I am positive that under the able leadership of its Chairman Raja M. Shafqat Khan Abbasi, the Press Council of Pakistan would make full use of these invaluable suggestions to workout a comprehensive media code of ethics.

In the end, I would again like to commend the Press Council for demonstrating extraordinary vision by arranging this forum, and also for assembling an impressive gathering of experts to deliberate on such an important issue.

I wish Press Council of Pakistan best of luck with its future endeavours.

Thank you!
Pakistan Paindabad!