eporters Without Borders (RSF), an international non-profit and non-governmental organisation focusing on safeguarding the right to freedom of information, has noted that Pakistan is one of the “deadliest” countries for journalists. According to RSF three to four journalists are murdered [every day?/ every year]. Those killed are frequently associated with reporting of illicit trade or corruption. Most of the perpetrators escape retribution.

According to the RSF most of the deceased journalists were found to have been violating the parameters set by the Inter-Services Public Relations to avoid being subject to thorough surveillance. According to the RSF, such surveillance may result in their apprehension and possible confinement in state prisons or informal correctional facilities. In its most recent press freedom classification, Pakistan ranks 150th out of 180 countries.

The freedom of the press remains precarious. Numerous reports have highlighted ongoing challenges and restrictions faced by media workers. Recently Asad Ali Toor was put in a controversial spotlight, leading to harassment, injury and confinement. On March 8, a court in Islamabad issued an order for Toor’s incarceration for 14 days pending investigation. This came about after Toor had already been detained for 11 days by the Federal Investigation Agency. Three days earlier, FIA agents had raided his residence and seized his mobile phone and a portable internet device. Toor had been apprehended on February 26, subsequent to his appearance on that day for interrogation at the cybercrime division of the FIA relating to an alleged campaign to malign the superior judiciary. Three days earlier, Toor had been questioned for about eight hours without legal counsel.

The first information report registered by the FIA that initiated the inquiry, however, described his commentary “anti-state” rather than “anti-judiciary.” The FIR alleged violation of the Prevention of Electronic Crimes Act, by creating a “malicious/ obnoxious and explicit campaign” against “civil servants/ government officials and state institutions” via his political affairs YouTube channel Asad Toor Uncensored and account on X, formerly known as Twitter. A special FIA court later postponed parole [bail?] hearing due to the absence of the investigating officer and the prosecutor.

Toor’s case is not unique. Journalists have faced threats, attacks and legal challenges in the past. Hamid Mir has faced multiple assassination attempts including one in 2014. Cyril Almeida was harassed in 2016 and barred from leaving the country after reporting on a high-level meeting. Ahmed Noorani, too, has faced violent attacks, including a brutal assault in Islamabad in 2017. Gul Bukhari was abducted for several hours in 2018. Matiullah Jan was abducted in broad daylight in 2020 but. He was released several hours later after widespread condemnation of the incident on social media.

The freedom of press in Pakistan remains precarious. Numerous reports have highlighted ongoing challenges and restrictions faced by media personnel. Recently, Asad Ali Toor was in a controversial spotlight. 

These instances highlight a pattern of intimidation, threats and attacks faced by journalists in Pakistan. Organisations like the Committee to Protect Journalists that provide support to journalists at risk due to their reporting, have issued a formal request to Pakistan to release Asad Ali Toor right away. According to the CPJ, his detention represents “a flagrant infringement upon the freedom of the press.”

Legal frameworks such as the PECA have been used to file charges against journalists, leading to registration of cyber terrorism and defamation cases against those criticising the government or the military. These charges carry severe penalties.

Physical safety is a significant concern for many journalists being targeted for their work. The attacks have included shootings, abductions and assaults, often with little or no accountability for the perpetrators. The climate not only endangers journalists but also serves as a deterrent to investigative reporting.

The media landscape is marked by censorship and control, with both state and non-state actors exerting pressure on media outlets. Regulatory bodies like the Pakistan Electronic Media Regulatory Authority have been accused of limiting independent news coverage thereby contributing to a restrictive environment for the press.

The financial vulnerability of many media organisations, exacerbated by the economic crisis, has led to greater dependency on government advertisements, further compromising editorial independence and encouraging self-censorship. The situation has worsened with the slow digital transformation of the news media, limiting their resilience and adaptability.

The Protection of Journalists and Media Professionals Act was passed in 2021. This caused Pakistan to move seven places up in the RSF global index, from 157 to 150. However, its effectiveness is still unclear. The ongoing political instability, enforcement challenges, including political will, institutional support and awareness among journalists about their rights under the Act will likely have critical roles in determining its impact. The Act’s substantive ambit is limited as it stipulates that reporters must adhere to a specific “conduct” in order to be afforded protection. Journalists who violate the implicit boundaries are subject to severe administrative and criminal sanctions. “Sedition,” for instance, can result in a prison sentence of up to three years.

The situation calls for urgent reform. 53 journalists were killed between 2012 and 2022. According to the RSF annual report for 2022, there had been no conviction in 96 percent of the murder cases. There is a dire need to end the impunity in violence against journalists. There is an equally significant need for substantial revision of draconian provisions in the PECA and the latest amendments to the Official Secrets Act and the Pakistan Electronic Media Regulatory Authority Ordinance.

A free and fair democracy cannot be sustained in the absence of freedom of the press. This a lesson Pakistan seems to learn and ignore every day. Laws such as the Media Professionals Act that are designed to protect journalists while placing conditions upon their freedom are anything but democratic.

The writer is an advocate of the High Court, a founding partner at Lex Mercatoria and a visiting teacher at Bahria University’s Law Department. She can be reached at minahil.ali12@yahoo.com