Islamabad High Court (IHC) has remarked that photographer and camera man too fall under the definition of journalist as per Protection of Journalist Act (PJA) and the job of camera man and photographer is more important than reporter.
The court made this observation while making the definition of journalist clear under Protection of Journalists Act (PJA).
The court further remarked no speech can be more effective than a picture and video.
The petition filed by Nasir Zaidi from PFUJ came up for hearing before single bench of IHC presided over by Chief Justice (CJ) IHC Athar Minallah Wednesday.
The court remarked prima facie the concerns of the petitioner about definition of journalist are not correct. It has been revealed on the court the photo journalists too fall under the definition of the journalist. The law is very clear that who is journalist. Prime Facie sub section 3 of section 6 is in violation of fundamental rights enshrined in the constitution.
The court further remarked the ministry of human rights will satisfy the court article 19 of the constitution does not run contrary to article 19-A. You can remove what is un-necessary. It is not necessary court should interfere. The petitioner should sit with the Attorney General and see it in the perspective of article 19 and 19-A.
Senior lawyers Aftab Alam, Umar Ejaz Gilani and Tariq Samore appeared on behalf of Journalist Defence Committee.
The court remarked freedom of right to information and freedom of expression is not only the issue of media. The accountability can not take place unless there is criticism. PFUJ complaint with reference to misuse of laws is not unjust. It has already been said that the state should prove practically that there is no bar on freedom of expression.
The court further remarked the journalists will not be able to give any news as the words mentioned in clause 6 of Journalists Protection Bill (JPB) will give license for registration of case against the journalists. Much happens even with registration of case in Pakistan. It is doubtless to say that bill will provide protection to the journalists. But there is too much ambiguity in the language of a section. Journalists are feeling threat of Police action in section 6 if they give news. Prima Facie photographer, camera man, producer and editors fall under the definition of journalist.
The court further observed that it has been assured amendments are being introduced in the bill. Ministry of human rights authorities have assured that clause 19 and 19-A of the constitution will be fully implemented. The section 6 of the bill seems to be alien to fundamental rights.
The court sought comments from the ministry of human rights within a month. We appreciate the work of minister of human rights Shireen Mazari.
The basic concern in the application relates to action against the journalists with good intent.
The court directed the ministry of information and ministry of human rights to file reply.
The hearing of the case was adjourned for one month.
