The Press Council of Pakistan
An ordinance to
provide for Press Council of Pakistan
WHEREAS it is expedient to provide for Press Council of Pakistan for the
purposes hereinafter appearing;
AND WHEREAS freedom of the press and public awareness is the foundation
of democracy and the functioning of democracy and the principles of
accountability depend inter alia upon free flow of information and freedom of
expression without infringing on national interest;
AND WHEREAS the press must be accountable to society to serve the public
need to preserve the rights of the citizens;
AND WHEREAS it is desirable to establish a Press Council of Pakistan, as
an autonomous and independent body;
AND WHEREAS the President is satisfied that circumstances exist which
render it necessary to take immediate action;
NOW, THEREFORE, in pursuance of the Proclamation of Emergency of the
fourteenth day of October, 1999, and the Provisional Constitution Order No.1 of
1999, read with the Provisional Constitution (Amendment) Order No.9 of 1999,
and in exercise of all powers enabling him in that behalf, the President of the
Islamic Republic of Pakistan is pleased to make and promulgate the following
Ordinance:-
1.
Short title, extent, and commencement.- (1) This
Ordinance may be called the Press Council of Pakistan Ordinance, 2002.
(2)
It extends to the whole of Pakistan
(3)
It shall come into force at once.
2.
Definitions.-
In this Ordinance, unless there is anything repugnant in the subject or
context,-
(a)
“Chairman” means
Chairman of the Council;
(b)
“Commission” means
an Inquiry Commission constituted under section 9;
(c)
“Council”
means the Press Council of Pakistan established under section 3;
(d)
“document”
includes any printing, drawing, photography, digital, electronic or other
visible representation;
(e)
“editor” means
the person who controls the selection of the matter that is published in a
newspaper or is circulated or transmitted by a news agency and whose name is
specified or printed on the print-line of the publication as editor;
(f)
“Government”
means the Federal Government;
(g)
“journalist” means
a person who writes, edits, photographs, or makes cartoons or illustrations,
for a newspaper;
(h)
“member” means
a member of the Council and includes the Chairman;
(i)
“newspaper”
means any daily or periodical work containing public news or comments on public
news and includes such other class of periodical works as the Government may,
by notification, in consultation with the Council, declare to be newspaper;
(j)
“news agency” means
an establishment which collects and disseminates to the print and electronic
media, as well as other consumers news, features, comments, photographs and
graphics through wire-service, facsimile or other means of communications;
(k)
“prescribed” means
prescribed by rules or regulations made under this Ordinance;
(l)
“publisher” means
a person who undertakes or is responsible for, the publication of any book or
newspaper or any printed material either on his behalf or on behalf of any
other person, organization or company; and
(m)
“Registrar” means
Registrar of the Council.
3.
Establishment of the Press Council.- (1) There shall be established a Council by the name of the
Press Council of Pakistan to implement the Ethical Code of Practice, as set out
in the Schedule to this Ordinance and to perform such other functions as are
assigned to it under this Ordinance or the rules and regulations
made thereunder.
(2)
The Council shall be a body corporate having perpetual succession and a common
seal with power to acquire, hold and dispose of property, both movable and
immovable and shall, by the said name sue and be sued.
(3)
The head office of the Council shall be at Islamabad .
The sub-offices of the Council, may be established one in each provincial
capital. The Federal Government shall arrange buildings and other facilities to
establish the head office, the four provincial sub-offices and any other such
offices as may be required by the Council and the Commission.
(4) The Council shall have its own
ancillary professional and secretarial staff to be appointed on such terms and
conditions as may be prescribed.
(5) The Council shall make decisions
through a majority vote. In case of a tie, the Chairman shall have a casting
vote.
4.
Financial resources.- (1) The Government shall provide grant-in-aid for meeting
the establishment, administrative and operating expenses of the Council.
(2) The Council shall have its own
budget.
(3) The Government, in consultation
with the Council, shall allocate appropriate funds every year in its annual
budget to meet the administrative and operating expenses of the Council.
(4) The Council may receive grants
and donations from within the country and overseas.
(5) The Council may, for the purpose
of performing its functions under this Ordinance, levy such fees, at such rates
and in such manner, as may be prescribed, from registered newspapers and news
agencies.
(6) Any fee payable to the Council
under sub-section (5) may be recovered as an arrear of land revenue.
5.
Funds of the Council.-
(1) All sums received by the Council as fees, grants, donations or
subscriptions shall form part of a fund which shall be managed, administered
and utilized in such manner as may be prescribed by rules.
(2) The Council shall cause to be
maintained such books of accounts and other books in such form and manner as
may be prescribed by regulations.
(3) The Council shall appoint an
auditor who is a Chartered Accountant within the meaning of the Chartered
Accountants Ordinance, 1961 (X of 1961). The accounts of the Council shall also
be audited by the Auditor General of Pakistan
6.
Composition of the Council.- (1) The Council shall consist of nineteen
members including a Chairman. The Chairman shall be appointed by the President
of Pakistan, in his discretion, from amongst retired judges of the Supreme
Court or a person qualified to be a judge of the Supreme Court and other
members shall be nominated as follows:-
(a)
Four members by the All Pakistan Newspapers Society.
(b)
Four members by the Council of Pakistan Newspaper Editors.
(c)
Four members by the professional bodies of journalists:
Provided that none of the
organizations mentioned above shall nominate any member from its office
bearers, nor any member of the Press Council shall contest an office of the
Organization.
(d)
Vice Chairman, Pakistan
Bar Council.
(e)
One nominee of the Leader of the House in the National Assembly.
(f)
One nominee of the Leader of the Opposition in the National Assembly.
(g)
Chairperson or a nominee of the Higher Education Commission.
(h)
Chairperson or a nominee of the National Commission on the Status of
Women in Pakistan
(i)
One Mass Media Educationist to be nominated by the Council.
(2)
The members of the Council, excluding the Chairman, shall not be entitled to
any salary and shall function in honorary capacity, except out of pocket
expenses as may be prescribed. The Chairman shall be entitled to such salary,
allowances and privileges as may be prescribed.
7.
Nomination of members. -
(1) All organizations and bodies representing the press and the public as
mentioned in section 6 shall send the nominations to the Registrar within
thirty days of the commencement of this Ordinance in accordance with such
procedure as may be prescribed.
(2) The Government shall notify
within thirty days the names of the persons nominated as members under section
6 and every such nomination shall take effect from the date on which it is
notified in the Official Gazette.
(3) The Chairman shall hold office
for a period of three years. No person shall hold office as Chairman for more
than two consecutive terms.
(4) Subject to
sub-section (5), (6) and (7) a member shall hold office for a term of three
years.
(5) Any member, including the
Chairman, shall be removed by the Government upon the passing of a resolution
for his removal by two-third majority of the total strength of the Council on
the ground of misconduct, incapacity, impropriety or moral turpitude.
(6) The Chairman may resign his
office by giving notice in writing to the Council and any other member may
resign his office giving notice to the Chairman.
(7) Where a vacancy is caused due to
death, resignation or removal, the vacancy shall be referred to the
professional body being represented by the member to replace the member with a
suitable representative. The member so nominated shall hold office for the
remaining term of the member in whose place he has been nominated. In case of
Chairman, the vacancy shall be filled in the manner as provided in sub-section
(1) of section 6.
(8) The Council, subject to rules,
shall appoint its Registrar and such officers and servants as it considers
necessary for the efficient performance of its functions on such terms and
conditions as it may deem fit. The first Registrar shall be appointed by the
Federal Government, as soon as possible, after the commencement of this
Ordinance.
8.
Functions of the Council.- (1) The Council shall perform the
following functions, namely:-
(i)
The Council, while preserving the freedom of the press, shall maintain highest
professional and ethical standards of newspapers and news agencies with a view
to making them more responsive to the issues and concerns of the society in Pakistan
(ii)
to help newspapers and news agencies to maintain their independence;
(iii)
to keep under review any development likely to restrict the dissemination of
news of public interest and importance;
(iv)
to revise, update, enforce and implement the Ethical Code of Practice for the
newspapers, news agencies, editors, journalists and publishers as laid down in
the Schedule to this Ordinance;
(v)
to receive complaints about the violation of Ethical Code of Practice relating
to newspapers, news agencies, editors and journalists;
(vi)
to appoint Inquiry Commissions to decide complaints at the head office, all
provincial sub-offices and regions, as the case may be, necessary for its
proper functioning;
(vii)
to manage the funds and properties of the Council;
(viii)
levy and collection of fees as may be prescribed;
(ix)
control and audit funds of the Council;
(x)
to exercise such control and disciplinary powers over the members and
employees of the Council as may be prescribed;
(xi)
to make regulations;
(xii)
to undertake all research relating to the newspapers, including the studies of
foreign newspapers, their circulation and impact;
(xiii)
to undertake any additional studies as may be entrusted to Council by the
Government; and
(xiv)
to do such other acts as may be incidental or conducive to the discharge of
above functions.
(2) The Council
shall also act as a shield to freedom of the press. It may receive a complaint
by a newspaper, a journalist or any institution or individual concerned with a
newspaper against Federal Government, Provincial Government or any organization
including political parties for interference in the free functioning of the
press.
9.
Inquiry Commission.- (1) The Council shall constitute as
many Inquiry Commissions as may be necessary for the purpose of deciding
complaints.
(2) The Commission shall consist of
three members to be appointed by the Council, consisting of the following:
(i)
One retired High Court Judge or a person qualified to be the judge of the High
Court as Chairman.
(ii)
One nominated by APNS; and
(iii)
One nominated by CPNE.
(3) The Council may constitute
Commissions for different regions other than the provincial sub-offices as may
be deemed necessary.
10.
Procedure in inquiries and making complaints etc.-
(1) No complaint shall be entertained by the Council unless the complainant has
first given a notice to the concerned editor or publisher within fifteen days
of the publication of the matter complained against for appropriate relief:
Provided that the vacancy shall not prolong more than 90
days and the Council shall coop any member to fill in that vacancy till the
concerned organization nominates its nominee.
(2) The concerned editor or
publisher shall take appropriate action on the notice within fifteen days of
the receipt of notice.
(3) The
complainant, if not satisfied with the relief or response received from the
concerned editor or publisher or if no relief or response is given by the
editor or publisher, the complainant may, within fifteen days of the expiry of
the period specified in sub-section (2), file a complaint before the Council,
alongwith the evidence in support of the complaint and the response, if any,
received from the editor or publisher of the newspaper or news agency in question.
(4) The
complainant shall state in the complaint as to how the publication of the
matter complained against is objectionable and in violation of the Ethical Code
of Practice.
(5) The
complainant, if an individual shall deposit a fee of rupees one thousand, and
in case of an institution, a fee of rupees five thousand by way of a bank draft
in the name of “Press Council of Pakistan”.
(6) If the complaint is found to be
in order, the Registrar, with the approval of the Council, shall send the
complaint to the concerned Commission for inquiry and
decision.
(7) In case where a complaint relates
to the non-publication then state as to how the non-publication of the material
violated the Ethical Code of Practice.
(8) The Commission shall fix a date
for the hearing of the case and shall cause notice of the day fixed to be given
to the complainant and the respondent.
(9) The parties before the Commission
shall be allowed to produce evidence and shall be heard either personally or
through person authorized by a party in this behalf in writing. On conclusion
of the case, the Commission shall pass the order as it deems fit in the
circumstances of the case.
(10) In case the matter is decided in favour of
the complainant, the Commission may:
(a)
direct the editor or publisher to publish a contradiction or
clarification in the manner and time specified by the Commission ;
(b)
direct the editor or publisher to publish an apology for the matter complaint
against in the manner specified by the Commission and shall also warn or
reprimand the concerned journalist, editor and publisher responsible for
such publication;
(c)
make such other direction as may be considered appropriate in the circumstances
of the case keeping in view the objectives of this Ordinance.
(11) The provisions of sub-section (9) shall
mutatis mutandis apply to the Council when hearing an appeal.
11.
Appeal to the Council.-(1) An
aggrieved party may prefer an appeal to the Council within thirty days from the
decision of the Commission.
(2) The appeal
against the decision of the Commission shall be heard by a committee of five
members of the Council constituted by the Council.
(3) No member shall be appointed
either the member of the Commission or member of a committee constituted for
the hearing of appeal who is directly or indirectly related to the parties or
is interested in them.
12. Declaration by the complainant.- The
complainant while presenting the complaint, shall make a declaration to the
following effect, namely:-
(a)
that to the best of his knowledge and belief, he has placed all the relevant
facts before the Council and that no proceedings are pending in any court of
law in respect of any matter alleged in the complaint; and
(b)
that he shall inform the Council and the Commission forthwith if during the
pendency of the inquiry in any matter alleged in the complaint becomes the
subject matter of any proceedings in a court of law.
13.
Procedure for filing complaint.- (1) Every complaint made to the
Council shall contain a statement in a concise form of the material on which
the complainant relies and all contents shall be divided into paragraphs,
numbered consecutively, and dates, sums and numbers shall be expressed in the
figures.
(2) In all cases in which a complainant
relies on any misrepresentation or blackmailing or fraud, the same shall be
stated in the complaint, with dates and items, if necessary.
(3) Whoever alleges dishonest,
fraudulent, mischievous or malicious intention or falsification by distortion,
seduction or misrepresentation the same shall be stated in the complaint.
(4) No complainant
shall, except by way of amendment, raise any new ground of claim or contain any
allegation of fact inconsistent with the previous complaint of the complainant.
(5) Every complaint shall be signed
by the complainant, provided that where a party by reason of absence or for
other good cause is unable to sign the complaint, it may be signed by any
person duly authorized in writing by him in this behalf.
(6) The Commission or the Council may
at any stage of the proceeding pass an order to strike off or amend any matter
in any complaint which may be unnecessary or scandalous or which may tend to
prejudice, embarrass or delay the disposal of a complaint.
(7) The Commission or Council may at
any stage of the proceedings allow either party to alter or amend his complaint
in such manner and on such terms as may be just, and all such amendments shall
be made as may be necessary for the purpose of determining the question in
controversy between the parties.
(8) Where a complainant fails to
comply with the procedure, the Registrar may return the complaint directing the
complainant to bring it in conformity with such requirement and re-submit it
within such time as he may specify.
(9) The Commission, as the case may
be, shall dispose off a complaint referred to it within thirty days. If an
appeal against the decision of the Commission is preferred to the Council, the
Council shall decide the same within sixty days.
14.
Powers of the Council and the Commission.- (1) For
the purpose of the proceedings under this Ordinance, the Council and the
Commission may:
(a)
enforce the attendance of any person;
(b)
receive evidence; and
(c)
issue summons for the examination of witnesses.
(2) The Council or
the Commission shall not compel a publisher, an editor or a journalist to reveal
the source of information.
15.
Action in case of violation of directions of the Commission or Council.- Whoever
publishes or circulates any matter in contravention of the Ethical Code of
Practice or directions of the Commission or Council may:
(a)
require him to publish an apology promptly on the page specified by the
Commission or the Council, as the case may be;
(b)
issue him a warning to be carried or circulated by the newspaper or news agency
concerned promptly and prominently; and
(c)
ask other newspapers to publish or news agencies to circulate the decision, in
case of non-compliance of the decision by concerned newspaper or news agency
and recommend to the competent authority to suspend the publication for a
specific period not exceeding seven issues or recommend cancellation of
the declaration in the event of persistent non-compliance..
16.
Committees of the Council.- (1) For the purpose of performing
its functions under this Ordinance, the Council may constitute from among its
members such committees for general or special purposes as it may deem
necessary and every committee so constituted shall perform such functions as
are assigned to it by the Council.
17.
Meeting of the Council and committees.- (1)
The Council or any committee thereof shall meet at such times and places and
shall observe such procedure in regard to the transaction of business at its
meetings as may be provided by regulations made under this Ordinance.
(2) The quorum for a meeting of the
Council shall be nine members.
18.
Vacancies among members or defect in the constitution not to invalidate acts
and proceedings of the Council.- No act or proceedings of the Council
shall be deemed to be invalid by reason merely of the existence of any vacancy,
in, or any defect in the constitution of the Council.
Provided that the vacancy shall not be prolonged for more than ninety days and
the Council may co-opt any member or members to fill in the vacancy till the
concerned organization nominates its nominee.
19.
Power of the Council to censure.- (1) Where the Council has reason to
believe that a newspaper or news agency has offended against any provision of
the Ethical Code of Practice, the Council may, after giving the newspaper, or
news agency, the publisher, editor or journalist concerned, an opportunity of
being heard, hold an inquiry in the matter and, if it is satisfied that it is
necessary so to do, it may, for reasons to be recorded in writing, warn,
admonish or censure the newspaper, the news agency, the publisher, editor or
the journalist or disapprove their conduct.
(2) If the Council
is of the opinion that it is necessary or expedient in the public interest to
do so, it may require any newspaper to publish therein in such manner as the
Council thinks fit, any particulars relating to any inquiry under this section
against a newspaper or news agency, a publisher, editor or a journalist working
therein, including the name of such newspapers, news agency, publisher, editor
or journalist.
(3) Nothing in
sub-section (1) shall be deemed to empower the Council to hold an inquiry into
any matter in respect of which any proceeding is pending in a court of law.
20.
Annual report.- The Council shall prepare once
every year, giving a summary of its activities during the previous year, and
giving an account of the standards of newspapers and news agencies and factors
affecting them, and copies thereof, together with the statement of accounts
audited in the manner prescribed under section 5, shall be forwarded to
the Federal Government and the report shall be published and shall be made
available to the public.
21.
Members, etc., to be public servants.- Every member of the Council and the
Commission and every officer or other employee appointed by the Council shall
be deemed to be a public servant within the meaning of section 21 of the
Pakistan Penal Code, 1860 (XLV of 1860).
22.
Indemnity.- No suit or legal proceedings
shall lie against the Council or Commission, or any member or employee
thereof or any authority or person, in respect of anything done or intended to
be done in good faith under this Ordinance or the rules or regulations made
thereunder.
23.
Power to make rules.- (1) The Federal Government
may, by notification in the official Gazette, make rules to carry out the
purposes of this Ordinance.
24.
Power to make regulations.- (1) The Council, with the approval
of the Federal Government, may by notification in the official Gazette, make
regulations not inconsistent with this Ordinance, or the rules made thereunder.
(2) In particular
and without prejudice to the generality of the foregoing power such regulations
may provide for-
(a)
regulating meetings of the Council and any Committee thereof;
(b)
procedure for conducting meetings of the Council and any Committee thereof;
(c)
procedure for filing of complaint and written statement and issue of notices
etc; and
(d)
regulating the procedure for conducting inquiries by the Commission.
SCHEDULE
(See
section 8 (1) (iv))
Ethical
Code of Practice
An Ethical Code of Practice is formulated as under for the
press for the purpose of its functioning in accordance with the canons of
decency, principles of professional conduct and precepts of freedom and
responsibility to serve the public interest by ensuring an unobstructed flow of
news and views to the people envisaging that honesty, accuracy, objectivity and
fairness shall be the guidelines for the press while serving the public
interest in any form of publication such as news items, articles, editorials,
features, cartoons, illustrations, photographs and advertisements: etc -
(1) The press shall strive to uphold
standards of morality and must avoid plagiarism and publication of slanderous
and libelous material.
(2) The press
shall strive to publish and disclose all essential and relevant facts and
ensure that the information it disseminates is fair and accurate.
(3) The press
shall avoid biased reporting or publication of unverified material, and avoid
the expression of comments and conjecture as established fact. Generalization
based on the behaviour of an individual or a small number of individuals will
be termed unethical.
(4) The press
shall respect the privacy of individuals and shall do nothing which tantamounts
to an intrusion into private, family life and home.
(5) Rumours and
unconfirmed reports shall be avoided and if at all published shall be
identified as such.
(6) The
information, including picture, disseminated shall be true and accurate.
(7) The press
shall avoid originating, printing, publishing and disseminating any material,
which encourages or incites discrimination or hatred on grounds of race,
religion, caste, sect, nationality, ethnicity, gender, disability, illness, or
age, of an individual or group.
(8) The press
shall not lend itself to the projection of crime as heroic and the criminals as
heroes.
(9) The press shall avoid printing,
publishing or disseminating any material, which may bring into contempt Pakistan
(10) The press shall not publish or disseminate
any material or expression, which is violative of Article 19 of the
Constitution of the Islamic Republic of Pakistan.
(11) The press shall rectify
promptly any harmful inaccuracies, ensure that corrections and apologies
receive due prominence and afford the right of reply to persons criticized or
commented upon when the issue is of sufficient importance.
(12) While reporting on
medical issues, care must be taken to avoid sensationalism, which could arouse
baseless fears or false hopes in the readers. Early research finding should not
be presented as though they were conclusive or almost conclusive.
(13) Sensationalism of
violence and brutalities shall be avoided. All reporting shall be accurate,
particularly when court proceedings are covered and an accused person must not
be presented as guilty before judgment has been pronounced.
(14) In the cases of sexual
offences and heinous crime against children, juveniles and women, names and
identifying photographs shall not be published.
(15) Confidentiality agreed
upon at briefings and background interviews must be observed.
(16) The press while
publishing findings of opinion polls and surveys shall indicate the number of
people, geographical area on which the polls and surveys were conducted, and
the identity of the poll-sponsor.
(17) Any kind of privilege or
inducement, financial or otherwise, which is likely to create conflict of
interest and any inducement offered to influence the performance of
professional duties and is not compatible with the concept of a reputable,
independent and responsible press, must be avoided.
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