{"id":9805,"date":"2021-02-11T16:07:37","date_gmt":"2021-02-11T11:07:37","guid":{"rendered":"https:\/\/www.pakistanpressfoundation.org\/?p=100552"},"modified":"2021-02-11T16:07:37","modified_gmt":"2021-02-11T11:07:37","slug":"ppfs-draft-protection-of-journalist-and-media-professionals-bill-2020","status":"publish","type":"post","link":"http:\/\/pakistanfoemonitor.org\/ppfs-draft-protection-of-journalist-and-media-professionals-bill-2020\/","title":{"rendered":"PPF\u2019S Draft Protection of Journalist and Media Professionals Bill, 2020."},"content":{"rendered":"\n
AS INTRODUCED IN THE SINDH ASSEMBLY<\/strong><\/p>\n\n\n\n A<\/strong><\/p>\n\n\n\n Bill<\/strong><\/p>\n\n\n\n To promote, protect and effectively ensure the independence, impartiality, safety and freedom of expression of journalists and media professionals.<\/em><\/p>\n\n\n\n WHEREAS it is the responsibility of the State to safeguard the right to freedom of expression, as contained in Article 19 of the Constitution of Pakistan, 1973, as well as in Article 19 of the International Covenant on Civil and Political Rights (ICCPR), which includes the freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media;<\/p>\n\n\n\n AND WHEREAS it is the requirement of any democratic society to instill a strong culture of safety and independence of journalists, taking into consideration specific attacks on journalists and media professionals;<\/p>\n\n\n\n AND WHEREAS it is expedient to establish a legal and institutional framework for the protection and promotion of the rights of journalists and media professionals;<\/p>\n\n\n\n It is hereby enacted as follows: –<\/p>\n\n\n\n PART I<\/strong><\/p>\n\n\n\n PRELIMINARY<\/strong><\/p>\n\n\n\n (2) It shall extend to the whole of the province of Sindh.<\/p>\n\n\n\n (3) It shall come into force at once.<\/p>\n\n\n\n PART II<\/strong><\/p>\n\n\n\n RIGHTS OF JOURNALISTS AND MEDIA PROFESSIONALS<\/strong><\/p>\n\n\n\n (2) No person or institution, whether private or public, shall engage in any act that violates the right to life and security of any journalist or media professional.<\/p>\n\n\n\n (3) In order to maintain the independence, impartiality and freedom of journalists and media professionals, the Sindh Government shall take steps to ensure that existing or future counter-terrorism or security laws are not utilized arbitrarily to hinder the work and safety of journalists and media professionals, including through arbitrary arrest or detention, or the threat thereof.<\/p>\n\n\n\n (4) The Sindh 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.<\/p>\n\n\n\n (5) The Sindh Government shall ensure that journalists and media professionals are allowed to carry out their journalistic work in conflict-affected areas within the province, without threats, intimidation, harassment or fear of persecution or targeting.<\/p>\n\n\n\n (6) If the Commission finds that any institution or organization is, directly or indirectly, involved in violating, or attempting to violate, the rights to life and protection against ill-treatment safeguarded in subsection (1) above, it shall report the same to the Sindh Government and recommend appropriate course of action against the perpetrator(s) of these violations.<\/p>\n\n\n\n (2) The Sindh Government shall ensure that its laws, policies and practices respect the right to privacy of journalists and media professionals and that these laws, policies and practices do not force, induce, compel, coerce or threaten the disclosure of sources.<\/p>\n\n\n\n (3) The Sindh Government shall protect all journalists and media professionals from unlawful or arbitrary interference with their right to privacy.<\/p>\n\n\n\n (2) Whenever any act of abuse, violence or intolerant behaviour is committed against any journalist, reporter or media professional, whether perpetrated by a private or public person, institution or authority, information concerning such act shall be, within a period of fourteen (14) days, the aggrieved journalist or media professional, employer, or journalists union shall file a complaint against the same before the Commission created under this Act.<\/p>\n\n\n\n (3) Upon receipt of information the Commission shall, within a period of fourteen (14) days, take all necessary actions to investigate and prosecute such acts of abuse, violence or intolerant behaviour, and to take appropriate measures under law to provide protection to the concerned journalist, reporter or media professional in the manner prescribed under this Act.<\/p>\n\n\n\n (4) The Commission shall have the power to summon relevant records and the concerned authorities\/individuals\/officials including government departments and police officials.<\/p>\n\n\n\n (2) <\/strong>The Act will cover harassment against journalists and media professionals in both physical and digital spaces.<\/p>\n\n\n\n (3) Whenever any act of harassment is committed against any journalist or media professional, whether perpetrated by a private or public person, institution or authority, information concerning such act shall be, within a period of fourteen (14) days, the aggrieved journalist, his or her employer or journalists\u2019 union may file a complaint against such act of harassment before the Commission under the Act.<\/p>\n\n\n\n (4) Upon receipt of information identified in this Act, the Commission shall, within a period of fourteen days, take all necessary actions to investigate and prosecute such acts of harassment, and to take appropriate measures under the law to provide protection to the concerned journalist or media professional.<\/p>\n\n\n\n (5) The Commission shall have the power to summon records and the concerned authorities\/individuals\/officials including government and police officials in connection with any incident where an act of harassment is committed against any journalist or media professional.<\/p>\n\n\n\n PART III<\/strong><\/p>\n\n\n\n Training and insurance<\/strong><\/p>\n\n\n\n 5. (1) The Government of Sindh will coordinate with industry stakeholders such as PFUJ, APNS, CPNE and PBA to produce a comprehensive, written safety policy and protocols for journalists and media professionals and to institute effective safety programs catering to each category of journalists such as reporters, photojournalists, video camera persons, district correspondents, etc.<\/p>\n\n\n\n (2) The Government of Sindh will coordinate with PFUJ, APNS, CPNE and PBA to initiate insurance policies of journalists who are injured or killed because of their work.<\/p>\n\n\n\n PART III<\/strong><\/p>\n\n\n\n INVESTIGATION AND REDRESS<\/strong><\/p>\n\n\n\n 6. Obligation to investigate, prosecute and penalize threats, coercion, acts of violence and abuse of journalists, and media professionals.<\/strong><\/p>\n\n\n\n 7. Combating impunity.<\/strong><\/p>\n\n\n\n (3) The Government of Sindh will coordinate with stakeholders including civil society organisations, media industry associations as well as government departments to implement best practices provided for in the United Nations Plan of Action on Safety of Journalists and the Issue of Impunity. The commission shall monitor the progress by government in implementing the United Nations Plan of Action on Safety of Journalists and the Issue of Impunity<\/p>\n\n\n\n PART V<\/strong><\/p>\n\n\n\n ESTABLISHMENT OF THE INDEPENDENT COMMISSION FOR THE PROTECTION OF JOURNALISTS AND MEDIA PROFESSIONALS<\/strong><\/p>\n\n\n\n 8. Establishment of a Commission for the Protection of Journalists and Media Professionals.<\/strong><\/p>\n\n\n\n (3) The Commission may co-opt any person having demonstrable knowledge of, or practical experience in, matters relating to journalism as an observer.<\/p>\n\n\n\n 13.Appointment of Chairperson<\/strong><\/p>\n\n\n\n 14.Term of office of the Chairperson and members.<\/strong><\/p>\n\n\n\n Provided that the term of the office may be extended once.<\/p>\n\n\n\n 15.Removal of the Chairperson and members. – <\/strong>The Chairman and members may be removed from office on the grounds and in the manner provided for in Article 209 of the Constitution of the Islamic Republic of Pakistan.<\/p>\n\n\n\n 16. Terms and conditions of service of members including Chairperson. – <\/strong>The salaries and allowances payable to, and terms and conditions of service of the members, shall be such as may be prescribed by the Sindh Government in consultation with the Commission.<\/p>\n\n\n\n Provided that neither the salary and allowances nor the terms and conditions of service of a member shall be varied to his\/her disadvantage after the appointment.<\/p>\n\n\n\n PART VI<\/strong><\/p>\n\n\n\n MANAGEMENT AND PROCEDURES OF THE COMMISSION<\/strong><\/p>\n\n\n\n (b) Produce an annual report on the state of media freedom and safety.<\/p>\n\n\n\n The Commission will be permitted to formulate its own rules and regulations.<\/p>\n\n\n\n (2) All decisions, directions and orders of the Commission shall be duly authenticated by the Chairperson of the Commission or by any other member of the Commission duly authorized by the Chairperson in this behalf.<\/p>\n\n\n\n (3) The quorum for a meeting of the Commission shall not be less than one-third of the total membership of the Commission.<\/p>\n\n\n\n (4) The Commission shall take decisions in accordance with the views of the majority of its members present and, in case of a deadlock, the member presiding the meeting shall have a casting vote.<\/p>\n\n\n\n Provided that if the information or report is not received within the time stipulated by the Commission, it may proceed to inquire into the complaint on its own.<\/p>\n\n\n\n (2) The Commission shall be deemed to be a civil court to the extent that is described in sections 175, 178, 179, 180 and 228 of the Pakistan Penal Code, 1860 (Act XLV of 1860). If any of the offences listed above are committed in the view or presence of the Commission, the Commission shall, after recording the facts constituting the offence and the statement of the accused as provided for in the Code of Criminal Procedure, 1898 (Act V of 1898), forward the case to a Magistrate having jurisdiction to try the same and the Magistrate to whom any such case is forwarded shall proceed to hear the complaint against the accused as if the case has been forwarded to him under section 346 of the Code of Criminal Procedure, 1898 (Act V of 1898).<\/p>\n\n\n\n (3) Every proceeding before the Commission shall be deemed to be a judicial proceeding within the meaning of sections 193, 196 and 228 of the Pakistan Penal Code, 1860 (Act XLV of 1860).<\/strong><\/p>\n\n\n\n PART V<\/strong><\/p>\n\n\n\n MISCELLANEOUS<\/strong><\/p>\n\n\n\n 21<\/strong>. Application of the Act. \u2013 <\/strong>The provisions of this Act shall be complied with and implemented equally in times of armed conflict, internal conflict and during peacetime.<\/p>\n\n\n\n 22<\/strong>. Removal of difficulties. \u2013 <\/strong>If any difficulty arises in giving effect to any of the provisions of this Act, the Sindh Government may make such order, not inconsistent with the provisions of this Act, as may appear to be necessary, for the purpose of removing the difficulty.<\/p>\n","protected":false},"excerpt":{"rendered":" AS INTRODUCED IN THE SINDH ASSEMBLY A Bill To promote, protect and effectively ensure the independence, impartiality, safety and freedom of expression of journalists and media professionals. WHEREAS it is the responsibility of the State to safeguard the right to freedom of expression, as contained in Article 19 of the Constitution of Pakistan, 1973, as [\u2026]<\/p>\n","protected":false},"author":6,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":[],"categories":[9],"tags":[4],"jetpack_featured_media_url":"","_links":{"self":[{"href":"http:\/\/pakistanfoemonitor.org\/wp-json\/wp\/v2\/posts\/9805"}],"collection":[{"href":"http:\/\/pakistanfoemonitor.org\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/pakistanfoemonitor.org\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/pakistanfoemonitor.org\/wp-json\/wp\/v2\/users\/6"}],"replies":[{"embeddable":true,"href":"http:\/\/pakistanfoemonitor.org\/wp-json\/wp\/v2\/comments?post=9805"}],"version-history":[{"count":0,"href":"http:\/\/pakistanfoemonitor.org\/wp-json\/wp\/v2\/posts\/9805\/revisions"}],"wp:attachment":[{"href":"http:\/\/pakistanfoemonitor.org\/wp-json\/wp\/v2\/media?parent=9805"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/pakistanfoemonitor.org\/wp-json\/wp\/v2\/categories?post=9805"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/pakistanfoemonitor.org\/wp-json\/wp\/v2\/tags?post=9805"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}