The Impacts of Mass Media on Fundamental Rights in Pakistan

SUBMITTED TO: MS.QUANDEEL WALI

SUBMITTED BY: NIZAM UD DIN
REG: 2019-KIU-BS-971
DEPT: COMPUTER SCIENCE
GROUP:BS-IT
SEMETER: 7TH
DATE: 21-11-2022
Contents

1-Abstract..........................................................................................................................

2- Introduction: .................................................................................................................

3-Background: ......................................................................................................... …….

4-Objectives of the study: ........................................................................................

5-Report Question: ...............................................................................................

6-Report design: ...................................................................................................

7-Mass Media its Historical evolution: ................................................................

8- Fundamental Rights violation through Mass media: …………………………..

9- Conclusion: ………………………………………………………

Abstract

The Impacts of Mass media on Fundamental rights is basically divided into two kinds the first one is
Printed media and another is Electronic Media .The Mass media is also synonymously used as Mass
communication because of its nature of communication, now a day’s media has a great influence on the
society. Because of this impact on the society the most of political, social campaigns needs media
coverage to reach to the bigger audience and convey their manifesto. This paper mainly surveys the Right
of information and freedom of speech and expression ,and its impacts on the society which effects the
fundamental rights of people .Similarly, The day by day as the Mass media gets more acceptance and
advancement in the society with its acceptance the risk of violation of the rights of people has been also
became a big concern. Keeping its development in the mind different legislation has been passed to
protect the basic rights of people. Article 19 and 19 A of the Constitution of Pakistan 1973 gives a
roadmap to the federal as well as provincial governments directions to protect citizens right of freedom of
speech, expression and freedom of information. To keeping the need of time Provinces has legislated their
own right to information laws. This research paper is based on literarily survey of the facts and figures of
the development of mass media and the legislation which has been introduced to safeguard citizens’

rights, the nature of the research is quantities and descriptive in form. Furthermore, The impacts of Mass
media on the society has aggrandized in recent years in the mid of 20th century as its advancements
occurred as the internet and social media achieved new milestone of introducing new technologies
connecting the people through the internet. The communication became easier.

1.1 Introduction:
Nickolas Luhmann defines mass communication as “those institutions which make use of
copying technologies to disseminate communication.” the term mass media includes the
communication made through different technologies like News, papers, magazines, T.V,
radio, social sites ,internet etc. So, wherever the communication is involved there must be
certain rights and obligation on the person, owing to that whenever we address any issue
through the any of the tools of mass media we are bound to protect the certain rights which
are the basic rights of the audience. These rights are accepted by various multinational
documents including the United Nations Declaration of Human Rights (UDHR) and the
International Covenant on Civil and Political Rights (ICCPR). Right to information (RTI) is a
notable factor to hold an credence and independent and diverse media also play central role
in informing people and enabling them to hold their opinion. Similarly, the first step in
introducing media laws was taken by the then military ruler and President Ayub Khan who
disseminated the Press and Publication Ordinance (PPO) in 1962.Later in The Constitution of
Pakistan, 1973 in a separate provision (Article 19 and Article 19A) on freedom of expression
and speech was incorporated in the chapter of Fundamental Rights. However, the right to
information was recognized as a constitutional right through the Eighteenth Amendment
2010. Eighteenth Amendment has made right to information a constitutional right of the
citizens of Pakistan. Prior to this, freedom of information laws were in place in Baluchistan,
Sindh and at federal level. However, Khyber Pakhtunkhwa (KP) and Punjab Provinces
enacted right to information laws in their respective jurisdictions in 2013 after the Eighteenth
 Amendment. The right of freedom of expression and right to information has been truly
dependent on the state polices. These rights have been questioned since the Pakistan’s first
codified constitution was drafted, to answer these questions Provincial Parliament has
legislated separate laws on basis of these rights, to reduce the violations of rights and to
protect the citizens’ rights. Constitution of 1973 in its part 2 chapter of fundamental rights
has provided Freedom of expression and right to information as fundamental rights to its
citizens. Prior to this, freedom of information laws were in practice in Baluchistan, Sindh and
at federal level. However, Khyber Pakhtunkhwa (KP) and Punjab Provinces adopted right to
information laws in their respective jurisdictions in 2013 after the Eighteenth Amendment.
In Short, my central idea of the research is to brief about the impacts of the mass media on
the fundamental rights peoples.
The laws dealing with these rights are; (1)-Article 19(A) of the Constitution of 1973 (2)-
The Freedom of information ordinance, 2002 (3)-The freedom of information rules, 2004 (4)-
The Baluchistan Freedom of information Ac, 2005 (5)
The Sindh freedom of information Act, 2006 (6)
The Khyber Pakhutun Khwa Right to information Act, 2013 (7)
The Punjab transparency and Right to information Act, 2013

1.2 Background:
The eighteenth and nineteenth centuries, it did not necessarily mean more than the exclusion
of state intervention prior to publication, while still allowing prosecutions to take place after
publication. By the twentieth century, in the age of mass media, this narrow definition was no
longer sustainable, with various jurisdictions recognizing that media freedom should reflect
the fundamental task of the media in the democratic public sphere. Furthermore, the digital
world has created new media within the framework of the information society. This new
media affects a wide range of fundamental rights. In this paper, we first analyze the changes
in freedom of speech and information provoked by advertising companies. Then, we outline
some insights regarding the privacy of users’ data. Finally, we connect these topics to the
debate over the Internet control and its impact on the democratic system (participation,
pluralism, and public opinion formation). The current situation is an ongoing process and
 shows contradictions, which demand scholars to continue developing the intellectual
frontiers.

1.3 Objectives of the study:

The report objectives for this study are;

What is mass media?

What are the modes of mass media which impacts the fundamental rights of citizens?

To brief about the rights impacted by the mass media in current prevailing circumstances.

What are the laws available to protect the fundamental rights?

Which forum can be reached in case of violation of fundamental rights of people through Mass
media?

1.3 Report Question:

The report questions for this study are:
How these fundamental rights are violated through the mass media?
What are the remedies available in the law?
How to reduce these violations of fundamental rights and other Laws which protect these
rights?

Report design:
The research on the impacts of mass media on fundamental rights in Pakistan is done through
the literature survey from the books and research articles from the internet and is entirely in
quantities and descriptive in form .

Mass Media its Historical evolution:

According to oxford dictionary, the action of providing or being given amusement or
enjoyment is entertainment. Now- a- days in an exceedingly tough routine life, people have
to release pressure off their shoulders. The essential reason behind entertainment is to relax
and to realize energy to figure more efficiently and effectively. Additionally, mass
communication is more potent then nuclear devices, as said by Javed Jabber ex-employee of
Pakistan Electronic Media regulatory authority (PEMRA) .The domain of electronic media is
wider than the scope of print or social media because the fandom of electronic media is large
as it includes the illiterate people.( Amaima Yawar Khan, et.al.,2013). Additionally, Mass
media is the one of the medium of communication, through which the information is
circulated to the peoples. Furthermore, mass media is the source of connectivity in among the
peoples of different regions. Additionally, this branch of communication is classified into
two types the first one is Print media and second one is broadcast media .So, these are the
basic tools of communication to spread the information. Similarly, it is believed that the
oldest mass medium is the print media, as there are evident that the posters and banners,
pictures were made to communicate in earlier times as history tells us about this information.
The emergence of mass media can be traced to the 10th century as the handmade press was
established. And, book publications got started in 15th and 16th century in Europe.
In addition to, the mass media in Indian sub-continent got its recognition when the East
Indian Company started its newspaper in English language to communicate the information
with the employees of the company. But, these newspapers were published from Madras,
Bombay and Calcutta because the company was operating from these cities and medium of
language was English, it seems that the company ignored the importance of communication
with the local Indians. And, this newspaper was specifically read by the elites and well
educated of the Country.

In 1822 the first Urdu newspaper was published with title name of Jam-e-Jahanuma
feeling the importance of communication as a necessity. In after the partition there was no
any organized and established mass communication systems in Pakistan ,so it was expected
that mass media will get its emergence in a better way on this land, as its shift towards mass
media would be better than in the era of colonialism. But, at that time Pakistan was facing
multiple problems so the emergence of mass media did not get that attention which it was
supposedly beloved to be given. So, at that time there was a radio station established in 1927
in Peshawar was regulated by the agriculture sector. Most of the newspapers which were
published in Delhi prior to the independence got shifted in to the Karachi and they papers
which were published in Lahore stayed there and continued their functioning. And, then the
‘Imroz’ started publishing its first newspaper and attracted a good team and ‘Imroz’ got a
reputable place in leading the printing press. Then, the riots started in between Muslims and
Ahmadis in 1953 to investigate the reason of the communal riots a commission was devised
whose members were Justice Munir Ahmed and Justice Kiyyani and this commission finds
that riots were agitated by the newspapers of that time provoking the emotions of the
communal.
There were 60 cases reported against to the newspapers in 1957, and the press was enjoying
complete freedom in those days in the country. In 1960 magazines were adopting the western
styles and many new press publishing companies were established and they got their
association with the progressive papers Ltd and this association started a movement of
progressive in literature .This was the time when the democratic government got shifted in to
the dictatorship which was administrated by chief martial law administrator Gen M. Ayoub
khan ,so they took over this movement of progressive as they were not satisfied by their
interventions in government matters.
In 1965 war , media started praising the government on Print media as well as on broadcast
media in unrealistic way and exaggerated the war as a victory. which later on in Tashkent
declaration agreement in 1966, people felt it as an humiliation and the demonstration and
protests got started in all over the country which resulted a death of student, it ignited a mass
movement in the country which later compelled the Gen M Ayub khan to resign in March in
1969 .This all happened because of the negative impact of mass media in hiding the real facts
of war, it resulted that mass media has a great influence on the public at large. (Dr Hassan
Mehadi, 2011).

Fundamental Rights violation through Mass media:

The concept of modern democracy does not exist without the free and transparent media.
Media in 20th century has been believed as the fourth pillar of state as it plays vital role in
criticism of the opposition parties on the different issues of the government like state polices
legislation. In this regard the independence of mass media must be ensured from the due
influence of the media house owners and the other higher authorities to keep the transparency
intact in a competitive environment.
The right to information is the fundamental right as incorporated in the constitution of 1973
in the chapter of fundamental right under article 19A; it says that every citizen of the state is
entitles to access the right of information. And , the accessibility of information is ensured
through the mass media as now it has became the basic source of reaching or collecting the
information through the media channels , through this mode the access of information can
not be denied .The mass media is synonymously is linked to the term mass communication
and information system ,to direct the main areas of activity newspaper , radio and
television .This does not diminish the importance of other mass media tools but it generalize
the access of information as made in regard of radio ,newspaper and television. Their have
been fixed a particular qualification to apply in these institution of media to moderate and act
as presentation in the radio ,television but in case of newspaper skill of writing is required as
mandatory.(Shuja Nawaz,1983).
In Pakistan to protect the freedom of expression and right to information the different
organizations has been established to protect this fundamental right .The freedom network is
Pakistan based development and media organization to keep an eye on the activities going on
in the state, this organization was established in 2013 by the Security exchange commission
of Pakistan (SECP).
In a report it was stated that over 55,000 Pakistanis have been killed in terrorism ,and about
100 journalists have been killed in the collecting the information and in exercising their very
right of the freedom of expression they became the target of the terrorism because of their
duties of transmitting the information to the peoples.(Aurngzaib khan,2015).

Conclusion:
Moreover, Mass media is a wider subject it includes Printed and Electronic media .But now
digital media has also attained the attention of peoples as it has made the interaction of
peoples easier. Similarly, people more conveniently choose this mode of mass media because
they have got a handle where they have access to the information which they may not get
through the any of the mode of mass media as they are state controlled and filtered as
according to the wish of the news agencies as their Commercialization has made the media
Scandalous .They mode of expressing freely to express their thoughts and write about their
opinions on the different social, political and religious matters .Mass media has defined it as
the one of the component of the Electronic media. It has advanced in recent years so rapidly
that it has created a vacuum relating to its mechanism and procedure .So, government is
observing the rapid growth in its development, keeping this in view they have started a
process legislation to protect the rights peoples in digital world.

In addition to, the printed media specifically of newspapers are full of advertisement instead
of a content which possess the information which the audience desires to have. There are
more social issues in the newspaper which are not well researched sometime they are based
on conspiracy theories which impacts the society at large .The impacts of mass media are of
two types the first one is positive to circulate the information to peoples and ensures the
freedom of expression and speech of Journalists .To ensure the real essence of mass
communication. And, second is its negative impact which affects the people rights when it is
printed without the consent of the person.
Furthermore, The Electronic media is a vast branch of mass media. It has rapidly developed
in mid of 20th Centaury as internet and social media achieved great 20 accomplishments in
spreading its accessibility. The laws has been also developed and world has been declared as
a global village because of the connectivity peoples is easier. The information can be
transmitted to within seconds by just clicking to upload it on internet or on social
media .Now people are using social media sites to practice their right of freedom of
expression and speech. Usually most of the campaigns now begin on these social sites and
protests are also recorded on this forum. The attainability of justice has also become easier
the protests are recorded online and information is conveyed to the higher authorities and
they take the notice of the cognizance of that very act. So, the advancement of mass media
has impacted the global society .But, Pakistan is still struggling to develop the laws and on
the way to establish the complaint wings to control the abuse of law which is happening
online on internet and on social media, Strong laws will protect peoples right and to get the
trust of people to invest in e-business.