Journalism survives but journalists endangered

BY ninan| IN Media Freedom | 10/05/2004

An overview From the Second Annual Press Freedom Report for South Asia-(2003-4) of the International Federation of Journalists: "Journalists and Press Freedom in South Asia"

South Asia continues to be one of the most dangerous regions in the world for journalists. In some countries, they are threatened by attacks from gangsters; religious fundamentalists harass journalists and media workers. In all countries, journalists and their democratic organizations and unions face pressure from employers and governments, all of whom display a lack of respect for the independent role of the media. However, this has not deterred journalists, who continue to push the boundaries of freedom, navigating through the conflicts that affect the nations and keeping their communities informed with news and thoughtful analysis. 

Violence against journalists has become a serious problem in the past year. In India four journalists were murdered between April 2003 and April 2004, from all corners of the country. India and Sri Lanka have both gone to the polls In April 2004; while in India election violence has claimed one life the Sri Lankans have witnessed the safest elections in a decade. However Sri Lankan, journalists, particularly in the North and East, continued to face threats and intimidation. During the LTTE split, Tamil language mass media as well as journalists were sandwiched between the two sides. Thousands of copies of Tamil newspapers were burned, and journalists’ movements were restricted and journalists were pressured not to report anything harmful to LTTE factions in their geographical areas. 

During this same time period Pakistan has seen a major deterioration in the state of their print media in particular. The working conditions of these journalists have seen murder, kidnappings, arrests torture, imposed blackouts etc. Amir Bux Brohi a correspondent for a Sindhi daily Kwaish and Kwaish Television, was known for his reports on rights violations was gunned down in October 2003, his murderers are still at large. In what has come to be known as a roller coaster year, which has seen freedoms shrink Journalists have been charged with serious crimes- including blasphemy, which carries the death penalty and sedition for which the punishment is life imprisonment. 

 Afghanistan has seen four journalists and media workers faced with trumped up blasphemy charges flee the country to escape the death penalty. While others who are committed to the democratic media and professional solidarity have struggled to establish an independent union. 

Bangladesh has continued to stand out as one of the most dangerous countries in Asia for journalists, with the criminalisation of politics and a culture of impunity towards those committing and threatening violence to the media. There have been almost daily cases of physical assaults and intimidation, particularly in the rural areas. In the span of one year there have been 327 attacks on media persons, 65 journalists were injured, 53 attacked by cadres of the BNP, 10 attempted murders, 19 arrests, 14 abusive lawsuits and prosecution and 5 abductions against journalists.         

In Nepal both the Government and Maoist rebels have attempted to muzzle the media. Gunmen have shot the managing editor of "Tajakhabar"; Maoists have slit the throat of Gyanendra Khadka of the National News Agency for printing "false news". Security Forces have been responsible for the deaths of other journalists in the past year. Repression and detention by police and routine harassment have become daily realities in Nepal. In response the Federation of Nepalese Journalists have established a 24-hour telephone hotline regarding the violation of press freedom, with the hope of monitoring the local situation and building international pressure to highlight the injustices. Moves have also been made to create an environment in which the media can work with out fear. They have also urged the passing of a Right to Information Bill, to enhance transparency in public affairs and ensure good governance.  

In the Maldives the prolonged detention of Didi,Luthfee and Zaki, the founders, editors and writers for the Dhivehi language Internet publication Sandhaanu  who were arrested along with Nisreen their secretary in January 2002 is a matter of concern. They were held in solitary confinement until July 2002 and were found guilty of defamation, incitement to violence and treason. Didi, Luthfee, and Zaki were sentenced to life imprisonment and one year of banishment for defamation, and Nisreen received a 10-year prison sentence, with a one-year banishment for defamation.

Their victimization is believed to be caused by their independent publication, which before it was shut down in early 2002, called for political reform and accused the government of alleged abuse of power. Although the Maldives Constitution protects its citizens rights to "express his conscience and thought orally or in writing or by other means" there is no independent press in Maldives. Television and Radio are state run and the countries newspapers are under government control. 

Recent Developments and Laws For and Against the Media In South Asia 

 In all countries of South Asia, governments continued to use repressive laws to silence dissent. Pakistan’s blasphemy laws have seen journalists detained, and facing a facing a maximum punishment of death. The most high profile case has been that of Khawar Medi Rizvi, whose charges have include sedition and abetting foreign journalists in preparing an allegedly fake film "showing Pakistan in a bad light". Although he has been released on bail, the case raises troubling questions on the nature of work of media persons in the country. 

In India the Official Secrets Act(OSA)  and the Prevention of Terrorism Act(POTA) have been used once again to harass journalists. In major blow to the journalistic freedom the Supreme Court upheld the constitutional validity of POTA and declared that neither journalists nor lawyers had a "sacrosanct right" to withhold information regarding crime under the guise of professional ethics. Contempt of court motions have been another method used to muzzle the press. The misuse of "legislative privilege" against a major newspaper "The Hindu" generated a nation-wide campaign for press freedom.  

In Bangladesh the Speedy Trial Act, which denies bail to defendants and Special Powers Act, which allowed the police to hold a suspect until trail, were used to harass journalists and dictate what they published. In September 2003 the government announced changes to the Telecommunications act to tighten their control over e-mail traffic, legalize invasion of privacy and undermine free expression. In 2004 the Information Ministry finalized a draft Private Broadcast Media (Radio and Television) to control the electronic media, especially satellite channels. Broadcast of news, special programs and advertisements by private channels will also be controlled by this proposed act. 

In March this year, the Afghan government passed the Law on Mass Media without any public consultation and debate. While the legislation has some positive features, including the aims to promote the freedom of expression, prohibition on censorship and general recognition of the right to information from government, there are some serious problems. These include the registration and licensing of media and printing houses by the Ministry of Information, content restrictions and lack of independence for the broadcast regulator. 

In Sri Lanka the state control of the media increased in November 2003 when Lake House, Sri Lanka Broadcasting Corporation, Sri Lanka Rupavahini Corporation, Independent Television Network (ITN) and Lak Handa radio came under the direct control of the President, Chandrika Kumaratunga. Changes were made to the management and administration to suit a partisan political agenda. Close political associates were appointed as heads to the state - owned media by the President. During the recent election campaign, election observers   and monitoring groups complained that the state- owned media was biased towards the ruling party. The editor of the Sunday Observer Lakshman Gunasekera is believed to have been relieved of his responsibilities due to his stance on the need for state owned media to be impartial during the elections. In Sri Lanka the Freedom of information Bill, which has been drafted on the basis of proposals made by media freedom and human rights groups, both local and foreign was approved by the cabinet in December 2003 and is to be tabled before the new cabinet. On August 15 2003 the Sri Lankan Government appointed the Select Committee to inquire into the law relating to contempt of court and to make recommendations for its codification.

The electronic Media has seen a drastic improvement in Pakistan over the last year. The military government of President, General Pervez Musharraf set in motion the liberalisation of the airwaves in 2002 and this has been carried forward by the government of Prime Minister Jamali, who has brought in more private players in the radio and television sectors. About 60 private FM radio licenses have been issued by early 2004 and a dozen private Pakistani TV channels have been given permission to be on air, while hundreds of foreign channels were promised Direct- to - Home(DTH) bouquets by both the state and private sectors. This has increased the sources of independent information to the Pakistani people who until recently had only propagandist television and radio to rely on.  

In India, breaking the monopoly of Doordarshan, the state-controlled television, to uplink on Indian soil, the government finally gave permission on January 2, 2004, to Media Content and Communication Services to uplink Star News from India. This  breakthrough came after many months of battling over the controlling of the skies. 

Despite the attacks on Press Freedom there is cause for hope, as demonstrated by the enthusiasm qith which  journalists in the region have embraced the IFJ Journalism for Tolerance Prize (supported by the European Commission), many journalists continue to write stories which promote peace  and understanding and journalists’ organizations continue to speak out against attacks on the media. While there have been some positive developments in improving media freedom in the region, these are over shadowed by attacks and persecution of the press. There is still a long way to go before the right conditions are achieved for the journalists to work. This can only be possible by acting collectively through strong and independent associations, and demanding respect for independent journalism. Acts against journalists can no longer escape investigation and punishment as they have in the past.

The Complete Report is available at:

http://www.ifj-asia.org/misc/SA_SApress_freedom_report2003-2004.pdf