Reporters without Borders (RSF) urges Shehbaz Sharif’s government not to criminalize comments about Armed Forces

Five years in prison for a comment about the army – that is what journalists could face under the proposed legislative amendment that Pakistan’s federal government is planning to submit to parliament.

The draft penal code amendment, which RSF has seen, would create a new type of offence. Under the proposed new section 500A, “whoever makes, publishes, circulates any statement or disseminates information, through any medium, with an intention to ridicule, or scandalise the judiciary or the armed forces of Pakistan or member thereof” could be jailed for up to five years or fined 1 million rupees (3,400 euros).

Excessive powers

The amendment would also have a big impact on the Code of Criminal Procedure. It says any person accused under the new section could be arrested by the police without a warrant and, if jailed, would be denied any possibility of release on bail or release as a result of an out-of-court settlement.

“We call on Prime Minister Shehbaz Sharif to immediately abandon this proposed amendment, which poses all kinds of problems, said Daniel Bastard, head of RSF’s Asia-Pacific desk. It creates a very vaguely worded offence that gives the police exorbitant administrative powers over journalists and is clearly designed solely to prohibit any form of comment about the armed forces. And furthermore, its timing could not be worse. Absolutely decisive general elections are envisaged in the coming months in Pakistan and the adoption of such an amendment could constitute a serious obstacle to the democratic process.”

Pakistan’s legislative arsenal is already well stocked with disincentives for defamation. Under the Defamation Ordinance of 2002, which is a civil defamation law, plaintiffs can get a court to rule in the favour without having to prove they have suffered any specific damage to their interests or reputation. And under sections 499 and 505 of the Penal Code, defining criminal defamation, a “statement conducive to public mischief” is punishable by up to seven years in prison.

Chilling effect

Muhammad Aftab Alam, the head of the Institute for Research, Advocacy and Development, has no illusions about the government’s intentions.

“This current proposal seems to be part of an ongoing campaign to further criminalize defamation and free speech in Pakistan,” he told RSF. “This law, if passed, could have chilling effect on the freedom of expression in general and journalistic freedom in particular.”

Pakistan’s governments have often tried to beef up provisions for penalising any form of criticism of the armed forces, which tend to be seen as the “king-maker” in Pakistani politics. In 2021, then Prime Minister Imran Khan’s administration submitted a proposed law to parliament under which “ridiculing” the armed forces would have been punishable by two years in prison. Parliament ended up rejecting it.

REPORTERS WITHOUT BORDERS / REPORTERS SANS FRONTIÈRES
Daniel Bastard – 牛丹阳
Head of Asia-Pacific Desk
Responsable du bureau Asie-Pacifique
亚太区办公室主任
+33 144 838 470
https://rsf.org/en/asia-pacific
Encrypted address: dbastard@protonmail.com

Note from Editor Pakistan in the World :

Pakistan Military have welcomed criticism in the past without taking any legal or lethal action against the critics. It is matter of fact and our observation that criticism only has never been an offense and the spokesperson department of Pakistan Army, Inter Services Public Relations (ISPR) has always accepted the criticism and answered it with their point of view. Ridiculing and humiliation can not be allowed to anyone against anyone, military or non military or civil whosoever. Freedom of speech does not mean to ridicule any person, institution and department. The press and the journalists must have freedom of work but freedom is with responsibility always. Tazeen Akhtar Editor