RSF to Pakistan: Do Not Criminalize Criticism of Armed Forces
RSF to Pakistan: Do Not Criminalize Criticism of Armed Forces
RSF adds in its statement that the adoption of such an amendment could constitute a serious obstacle to the democratic process in the South Asian nation.
Reporters Without Borders (RSF) – which defends freedom of journalists in the world – has called on the prime minister’s (PM) office in Pakistan to immediately abandon plans to make it an offense to criticize the armed forces, as it would pose a serious threat to journalistic freedom.
In a statement released on February 13, RSF said that the proposed new law’s wording is extremely vague and its consequences could be disastrous in the run-up to general elections later this year in Pakistan.
Five years in prison for a comment about the army – that is what journalists could face under the proposed legislative amendment that Pakistan’s federal government is planning to submit to parliament.
The draft penal code amendment, which RSF says it has seen, would create a new type of offense. Under the proposed new section 500A, “whoever makes, publishes, circulates any statement or disseminates information, through any medium, with an intention to ridicule, or scandalize the judiciary or the armed forces of Pakistan or member thereof” could be jailed for up to five years or fined 1 million rupees (3,400 euros).
According to RSF, the amendment would also have a big impact on the Code of Criminal Procedure. It says any person accused under the new section could be arrested by the police without a warrant and, if jailed, would be denied any possibility of release on bail or release as a result of an out-of-court settlement.
“We call on Prime Minister Shehbaz Sharif to immediately abandon this proposed amendment, which poses all kinds of problems,” said Daniel Bastard, head of RSF’s Asia-Pacific desk. “It creates a very vaguely worded offense that gives the police exorbitant administrative powers over journalists and is clearly designed solely to prohibit any form of comment about the armed forces.”
RSF adds in its statement that the adoption of such an amendment could constitute a serious obstacle to the democratic process in the South Asian nation.
In fact, Pakistan’s legislative arsenal is already well stocked with disincentives for defamation. Under the Defamation Ordinance of 2002, which is a civil defamation law, plaintiffs can get a court to rule in their favor without having to prove they have suffered any specific damage to their interests or reputation.
And under sections 499 and 505 of the Penal Code, defining criminal defamation, a “statement conducive to public mischief” is punishable by up to seven years in prison.
RSF says that Pakistan’s governments have often tried to beef up provisions for penalizing any form of criticism of the armed forces, which tend to be seen as the “king-maker” in Pakistani politics.
In 2021, then Prime Minister Imran Khan’s administration submitted a proposed law to parliament under which “ridiculing” the armed forces would have been punishable by two years in prison. Parliament ended up rejecting it.
