Freedom of speech and expression

Introduction

What is freedom of speech and expression

Freedom of speech and expression are basic fundamental right provided in the constitution
Freedom of expression is globally recognized as the foundation of human rights, protected by
a multitude of regional and international treaties and charters. In other words, freedom of
speech/expression is an assurance to citizens to participate effectively in the functioning of
democratic country. Article 19 of the constitution of Pakistan. Every Citizens right to
freedom of speech and expression. Everyone has the right to freedom of speech and
expression which includes freedom of the press and other media, freedom to receive or
impart information or ideas, freedom of artistic creativity, academic freedom and freedom of

scientific research.

Restriction on freedom of expression

There are certain restrictions which says that a person Cannot speak against the glory of
Islam, Defence and security, Relation with foreign state, Public Order and Morality.
Exploitation of restrictions on freedom of speech
restrictions have been exploited against different groups, most importantly against religious
minorities especially on account of anti- blasphemy legislation. blasphemy killings happen
because local citizens take the matter of prosecution in their own hands and attack the alleged
person themselves. In 2009 in the village of Gojra, eight Christians were killed and 18
injured, 02 churches and 75 houses were burnt. The severity of violation of freedom of
expression can be understood from the fact that whenever some public figures demanded
reforms in the blasphemy law, they were killed. The killings of Salman Taseer, Governor of
Punjab, and Shahbaz Bhatti, Federal Minister for Minority Affairs, are the glaring examples
of this breach of human rights. Hindu and Christian girls are quite often subjected to forced
conversions. According t estimates, about 25 Hindu girls are converted to Islam every month.
However, efforts are underway to stop these forced conversions as the Sindh Assembly

unanimously passed a bill against forced marriages.

PEMRA ordinace
PEMRA ordinance was Established on 1 March 2002, under this ordinance the Federal

Government shall, establish an authority to be known as the Pakistan Electronic Media

Regulatory Authority (PEMRA) for carrying out the purposes of this Ordinance. objectives of
the PEMRA ordinance are to facilitate and regulate the private electronic mass-media
industry and to improve the standards of information, education and entertainment. ensure
accountability, transparancy and good governance by optimizing the free flow of information.
The PEMRA authourity and its basic ordinace has been criticized to be in the contravention
of the constitution of pakistan which gurantess freedom of speech in article 19. The pemra

ordinane is said to be violation of several international conventions including article 19 of the

Universal Declation of Human Rights. PEMRA ban live stream of politically leaders
especially those who are in opposition. PEMRA’s decision has come under strong criticism
from government officials, two high courts, and nongovernmental organizations. Eleven TV
anchor persons filed a petition against PEMRA’s directive in the Lahore High Court, arguing
that the directive violated Article 19 of the Constitution, which grants every Pakistani citizen
the right to freedom of speech.
Journalist act 2021
• Journaliat act 2021 provide Right to life and protection against ill treatment. Any
person or institution, private or public, shall not engage into any act that violates the
right to life and security of any journalist or media professional. The Government
shall ensure that effective measures are taken to protect journalists and media
professionals against forced or involuntary disappearances, kidnapping, abduction or
other methods of coercion. The government shall ensure that journalist and media are
allowed to carry out their journalist work in conflict-effected areas within the country
without threats or targeting. Obligation to investigate, prosecute and penalize threats,

coercion, acts of violence and abuse of journalists, and media professionals. The
government shall ensure that journalist and media professionals are allowed to carry
out their journalist work in conflict-effected areas without threats intimidation,
harassment or fear of prosecution or targeting. Right to privacy and non-disclosure of
sources in which each journalist and media professional have the right to privacy,
which includes protection of law against interference with his/her home and family,
and will not be forced or threatened for the disclosure of his/her sources of
information. Independence in the performance of duties and journalist or media shall
not be subjected to any arbitrary restrictions on their ability to perform their work
independently and without undue influence. Protection from abusive, violent and
intolerant behaviour by any authority or institution.