SC issues written order in contempt notices issued to TV channels

ISLAMABAD: The Supreme Court has noted that if press and media organizations establish internal mechanisms for self-accountability, it will significantly enhance their credibility and standing. This, in turn, will enable them to more effectively expose wrongdoing and contribute to its eradication.

A four-member bench of the apex court headed by Chief Justice Qazi Faez Isa and comprising Justice Irfan Saadat Khan, Justice Naeem Akhtar Afghan, and Justice Shahid Bilal Hassan on Monday issued a written order about the contempt notices issued to several TV channels for airing contemptuous press conferences of Senator Faisal Vawda and MNA Mustafa Kamal about Supreme Court and its judges.

The five-page written order authored by Chief Justice Qazi Faez Isa said that contempt notices were issued to some television channels for broadcasting false and contemptuous matters about this court and its judges. The court noted that an opportunity was provided to all of them to submit replies to the notices while Advocate Faisal Siddiqui said that he represents 26 television channels and all of them have filed miscellaneous applications tendering unqualified apologies to the Court ensuring that such mistakes are not repeated in the future.

“The other channels to whom notices were issued have also directly or through their respective counsel tendered a similar apology and statement”, says the written order adding that learned Advocate Faisal Siddiqui further said that all of them will also broadcast on prime time the fact that they have tendered an apology to this Court and will also broadcast the following, recorded by this Court in its order 28 June 2024, which is reproduced hereunder: The Holy Qur’an forbids scandalizing and slandering – ‘Woe to every scandalmonger and slanderer’. Islam advocates peace, harmony and cooperation, and is against all those who feed discord and strife. ‘Heed not a slanderer going about with malicious gossip’. The Creator tells us that our words are recorded and we will be held accountable for every one of them – ‘not a word does he utter which is not recorded by the sentinel attached with him’. And, if another says something scandalous/derogatory which is not true and one repeats it the one repeating is also accountable for it. Allah Almighty says, ‘ascertain the truth lest you harm a people unwittingly’. Unfortunately, there are those who either knowingly, negligently or carelessly spread slander.

“This Court has to ensure to all that the constitutionally prescribed fundamental rights are not denied to them. However, the right to freedom of speech and expression and the freedom of the press in Article 19 does not take precedence over the inviolability of the dignity of persons and of the privacy of the home in Article 14, which incidentally is numerically a prior fundamental right”, says the written order

The court held that the exhilarating elixir of free speech and media freedom does not permit slandering anyone, including judges and courts adding that disagreement and discord have become all too pervasive and have permeated into peoples’ behaviour, ideas and beliefs with the quick, easy and widespread dissemination of falsehoods and slander.

The court noted that the legal tool which is used for recompensing the wronged and imposing heavy financial penalties remains underdeveloped and is effectively stymied in Pakistan. “Resultantly defamation and spreading lies is not visited upon with consequences which may curtail them”, says the written order. The court further noted that false accusation is a manifest sin and its significance is brought to bear by drawing a powerful similitude, ‘Would you like to eat the flesh of your dead brother’. To the question of whether ‘We will be brought to account for what we say’ the response of Holy Prophet Muhammad (Peace and Blessings Be Upon Him) was rhetorical, ‘Are people thrown onto their faces in Hell for anything other than the harvest of their tongues? On another occasion, He said that no one shall enter Paradise whose neighbour is not safe from the harm of his tongue.

Imam Ghazali wrote that, ‘To believe in defamation is worse than defamation, as defamation shows the way but belief in defamation gives permission. He who shows the path to a thing is not equal to one who admits it and gives permission. So beware of slanderers and defamers.’ The broadcaster of slander, therefore, cannot take refuge in saying that he is not the originator of the slander; the broadcaster must verify the truth or falsehood of the matter. Those who broadcast slander and defamatory material also corrupt those who hear it. Imam Ghazali wrote, ‘The Holy Prophet (Peace and Blessings Be Upon Him ) said: The hearer of back-biting is included within the back-biters.’ However, he can be saved ‘if the hearer protests by his tongue, he will be exempted from its sin. If he cannot do it, he will think it bad in his mind. If he can shift from that place or change the topic, he will be exempted.’

‘In this age when lies can be globally spread with ease, and cannot be erased, extra care has to be exercised. If this is not done the public sphere is polluted and polarised. Deception and disinformation elbows out decency and truth. Those having the expertise in making lies prevail manage to instil hatred and destroy friendships and families. Lies also undermine the credibility of institutions and have been known to set the world at war. The potential of harm that is in lies and slander can be undone and conviviality restored by expiation.’ ‘There are two modes of expiation of the sin of backbiting. The back-biter will repent sincerely in mind and be sorry for that. Then he will humbly seek pardon for the back-bited person. The court further noted down in its written order that other television channels also submitted that they too will do what Advocate Faisal Siddiqui’s clients have undertaken to do, as mentioned above.

Similarly, the written orders said that the learned Additional Attorney-General submitted that tendering an unqualified apology and undertaking to broadcast the abovementioned (paragraph 2(1) to (6)) during prime time is a mitigating factor and an expiation of the offence of contempt, therefore, it may be accepted. “We are cognizant of the fact that Article 19 of the Constitution of the Islamic Republic of Pakistan grants the freedom of the press, however, it also makes such freedom subject to certain restrictions, including not violating decency or morality”, says the written order.

The court noted that another fundamental right is provided in Article 14 of the Constitution which requires that the dignity of man is to be ensured adding that the media is categorised as the fourth pillar of the State and an independent media broadcasting facts and the truth is essential for the democratic rule as it highlights wrongdoing.“However, its credibility and effectiveness is undermined when falsehoods are broadcast”, says the written order.

“In view of the unqualified apology and the undertaking with regard to the abovementioned broadcast, which would constitute expiation, the show cause notices issued by this court on 17 May 2024 to all the television channels are withdrawn, subject to the said apology and the contents of paragraph 2(1) to (6) being broadcast on prime time”, the written order stated as.

In conclusion, we may observe that if within the respective press/media organizations a mechanism for self-accountability is developed it will improve their standing, credibility and resultantly become more effective in drawing attention to wrongdoing, and thus help in stemming it”, the written order concluded.