Monday, September 13, 2010

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[1]BEFORE BEGINING……………….

It is very difficult to set any exact definition for the freedom as it has different versions in different contexts. The overuse of the term has made it critical and broadened its meaning.

Press freedom is an essential part of broader human right of freedom of speech/freedom of expression – the liberty to express and exchange opinions and information, and to seek self-fulfillment as individuals in self expression, and in the holdings of chosen beliefs. It has its root in the freedom to publish without being subject to pre-publication, censorship by the state. The concept of freedom includes:

· right to get or collect information without permission;

· right to print or publish without prior restraint;

· right to distribute or disseminate information without interference;

· right to have materials and facilities essential for printing, publishing, broadcasting, or communicating without unnecessary trouble.

McQuail (2000:167-8) postulates the basic requirements for media freedom as:

· absence of censorship, licensing, or other controls by government so that there is an unhindered right to publish and disseminate news and opinions and no obligation to publish what one does not wish to;

· the equal right and possibility for citizens of free reception of news, views, education, and culture;

· freedom for news media to obtain information from relevant sources;

· absence of concealed influence from media owners or advertisers on news selection and on opinion expressed;

· an active and critical editorial policy in presenting news and opinion and a creative, innovative and independent publishing policy in respect of art and culture.

Article 19 of the Universal Declaration of Human Rights(UDHR) asserts: "Every one has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media regardless of frontiers. " However, more than a half century after the adoption of the Declaration, its practical implication leaves much to be desired. Mehra(1986), a South Asian scholar says, "Publicly, all societies profess to be free. In practice, no society permits absolute freedom' restraints only come in varying degrees.

. The level of press freedom is measured using four criteria :

· Laws and regulations that influence media content

· Political pressures and controls on media content

· Economic influences over media content

· Repressive actions

On the basis of these criteria, South Asia has no nation within the free category. India, Sri Lanka, Bangladesh, Nepal, and pre-Musharraf Pakistan fall into the "partly free" category. The "not free" category includes Maldives and Bhutan including post coup Pakistan.

The Freedom House survey paints a grim picture of Asia : Only 10.2 percent of Asians(333 million people) enjoy "free press", while 45.6 percent(1.5 billion) have access to "partly free press", and 44.2 percent(1.4 billion) to a "not free press".

In South Asia, laws and regulations affecting media content are at a high point in Maldives, Nepal, and Bhutan. Political pressures and controls on media content are high in all the countries, except on the print media in India. Economic influences on media content are high in Bangladesh and Bhutan. Pakistan stands out on repressive action, although Ali and Gunaratne see changes for the better-an optimism dashed by another military coup in late 1999. AMIC, the Asian mass media documentation center in Singapore has published comprehensive compilations of mass media laws and regulations in India, Sri Lanka, Pakistan and Nepal.

HISTORY OF PRESS FREEDOM IN SOUTH ASIA

INDIA

The British were the last set of invaders whose colonization left a mark on India's policy, culture and industry. British introduced India to the English language. Christian missionaries brought the first printing presses to India during 1600s.

James Augustus Hicky started the early press, by establishing Bengal Gazette on Jan 20, 1780, the first in South Asia. Other papers followed but none survived long for either political or economic reasons. Because it increased it's popularity, government brought Indian Gazette to counter it and banned it after 2 years. It is the first example of media ban in South Asia.

Following stages distinguish the development of the press in India :

1818 – 1867

This age marked the efforts of social reformer Raja Ram Mohan Roy and the struggle against censorship, harassment, deportation, and prosecution. He used his publications – Sambad Kaumadi, Mirut ul Akhabar, and Brahminical magazine to reform Hindu society. Roy inspired Gangadhar Bhattacharjee to found the short-lived Bengal Gazette, the first Indian owned English daily, in 1816.

Immediately, the British government introduced a law, called "Press Regulation" in 1823 to control the emergence of papers, and as its first action, it exiled 'James Silk Buckingham', editor of Calcutta Chronicle. As a response, Raja Ram Mohan Roy petitioned in Supreme Court demanding the void of the regulation. It is the first fight for Press Freedom in South Asia.

During Indian Mutini or Sipoy Mutini, also called the "first war of Indian Independence"(1857), the papers divided as pro-Indian and pro-British. "The Bombay Times" and "Telegraph" merged to form "Times of India". The British owned press attacked the Indian establishment in almost 'racial' overtones.

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1867 – 1918

This stage marked the emergence of a press deeply involved in the nationalist struggle. Some major developments include Amrit Bazar Patrika in 1868, Statesman in 1875, Hindu in 1878.

The government enacted the 1878 Vernacular Press Act to prevent the Indian language press from being critical of the British rule. The Nationalist press forged ahead to sow the seeds of the struggle for independence. The Indian national Congress was founded in 1885. The colonial government's repression of the press became frequent and vehement.

In 1907, British government imprisoned many journalists and later in 1910, introduced India Press Act to support the imprisonment. It also addressed heavy security deposit to limit the papers. Newly born papers couldn't afford to deposit the heavy amount. Thus, 963 of them were prosecuted, 129 were closed, 173 press registration halted.

1919-1936

This age marked the Indian newspapers' close alignment with the struggle for independence. Prominent leaders of the independence movement, including Mahatma Gandhi, Nehru and Subash Chandra Bose owned and edited newspapers to advance their ideas. They got involved with Young India (1919), Harijan (1932), Liberty (1929) and National Herald like papers. New Delhi based 'The Hindustan Times', an English newspaper was founded in 1923. It too drew the ire of the colonial government because it supported the nationalist movement.

1937 – 1947

This stage was the pre-independence decade when the press became increasingly professional and assertive. Press not only concerned with freedom struggle but also with practical matters like newsprint availability and the modernizing of printing machinery. The onset of World War II and the intensification of the freedom movement made this period quite turbulent. All India Newspaper Editors Conference in 1940 significantly rose anti government voice. Uttar Pradesh, UP formed a new law in 1940. It stated that the headline of the news should be submitted to Department of Information for pre approval. Nehru published news without headlines. Several papers closed their operations in 1942 in support of Gandhi's "Quit India Movement".

1947 and onwards

India became independent on 15 Aug 1947. All suspended papers re- opened. Press Commission was formed in 1952 to regulate the Indian papers which submitted its report in 1954. It demanded establishment of Press Council, Press Registrar and Working Journalist Act.

Working Journalist Act, the 1st in South Asia, was introduced in 1955, followed by Newspaper Page and Price Act in 1956. Press Council of India was founded in 1965. The country, as well as the press, faced a traumatic development in June 1975 when the then Prime Minister Indira Gandhi declared a political emergency, suspended civil rights, and imposed restrictions on free speech and the press. During the 16-month emergency, 253 journalists were detained, press was muzzled and the Press council was dissolved. With an end of the ordinance, Indian Press grew more professional and qualitative. Simultaneous papers, supplementary, pull-outs emerged. They became specialized and covered wide areas. Press Council was re-established with 28 members in 1978.

"Prashar Bharati Act"(1997) governs the electronic media today. Right to Information Act was introduced in 2005.

The Constitution of India does not specifically mention the freedom of press. Article 19(1) of Indian Constitution guarantees Freedom of the Press. Thus the press is subject to the restrictions that are provided under the Article 19(2) of the constitution. Before Independence, there was no constitutional or statutory provision to protect the freedom of press.

PAKISTAN

The origin of the Pakistani press, Al Mujahid(1982) points out, was 'enmeshed in sub continental journalism' that began in 1780 when Hicky published the Bengal Gazette. It identified three principal strands of the press in colonial India-the Anglo-Indian press, the nationalist press and the Muslim press. The Anglo-Indian papers adopted a pattern similar to that of British newspapers and developed into the most professional, financially stable, and influential segment of the Indian press. When the newspaper attacked officials of the Company, the authorities retaliated, by denying postal services and imprisoning Hicky and seizing his paper.

The nationalist press emerged in the 1820s in several vernacular languages. The first was Jaam-e-Jahan Numan(1822). The subcontinent's Muslim press emerged in 1836, with the publication of Urdu Akhbar. The number of Muslim-owned papers grew rapidly until the uprising of 1857, when the Muslin press came out openly against the British occupation of India.

All India Muslim League was established in 1906. It fueled in rising of Muslim papers. In 1925, Muslim Press comprised of 220 various publications. Muslims struggled for a separate state during 1930. It was supported by Muslim Press. It broke out of India as India became independent in 1947.

In 1949, war broke out between India and Pakistan on Kashmir issue. Press Freedom curtailed due to state of emergency. The government believed that the press freedom threatens the national security. The authorities not only retained colonial laws, but also added further constraints to the press. "Public Safety Act" was introduced in the same year during World War II. "Security of Pakistan Act", was enacted to curtail the right of professional secrecy, and encouraged press censorship. During the first 7 [3]years of existence of Pakistan, government banned 33 papers only in a province: Punjab. But despite the restrictions, the number of papers grew rapidly in the following years.

The authoritarian period of 1958-1985 marked the most damaging attacks on press freedom. The Ayub regime set the pattern of press censorship and imposed the system of legally binding "Press Advice", which previlaged government officials to dictate "what to and what not to publish". The restrictive environment declined papers to (dailies):74 and (weeklies and bi-weeklies) :260 in 1960. "Press and Publication Ordinance",(PPO) was imposed in 1963, which gave absolute power to the government to limit press and prohibit reporting.

War broke out with India for the second time in 1965, which led to the declaration of Martial Law and Defense of Pakistan Act. Later, "Registration of Printing and Publication Ordinance" was imposed in 1980. It was relatively liberal, which remained till 1990. Along with the rise of Benazir Bhutto, press was comparatively freed. In 1995, Lahore based journalists were arrested for reporting child [4]labor in carper industry. Government cancelled license of 122 newspapers. In reaction, journalists conducted nationwide protest. The government thus, had to withdraw its decision.

Chapter 1 of the Constitution of Pakistan guarantees 20 fundamental rights including freedom of movement, assembly, association, speech and religion. Article 19 of The Constitution of Pakistan guarantees the freedom of the press, subject to number of restrictions: "shouldn't be against the glory of Islam, integrity, security or defense of Pakistan, family relationships with foreign states, public order, decency or morality, related to contempt of court and defamation." (Jabbar and Isa, 1997, p.176)

To check for the restrictions, there are:

· Official Secrecy Act

· Security of Pakistan Act

· Maintenance of Public Order Act

Under RPPO, 25% foreign ownership in print media is allowed in case of pre-approval, while Newspaper Employees Act (1973) has stated the conditions of services.

BANGLADESH

Bangladesh holds a unique history and geographical status. Till 1971, it used to be known as East Pakistan. Press history of Bangladesh can be studied and understood under 3 categories:

  • Under British Rule
  • East Pakistan Era
  • Independence of Bangladesh

1. Under British Rule

Press history in Bangladesh had its beginning since the British period (1780-1947). British East India Company established printing presses in Bombay, Madras and Calcutta in 1674, 1772 and 1779 respectively. J.A. Hicky printed the first newspaper, Bengal Gazette in 1780 on the subcontinent. A Bengali monthly magazine, Digdarshan appeared in 1818, followed by Samachar Darpan weekly and Friend of India in 1819 and 1971. Calcutta became the heartland of newspaper publication from 1780 to 1846. Rangapur Barta (1847) served until 1857. Amrit Bazar Patrika(1868) appeared as a landmark in Bengali press history. Bengal Times started in Dhaka in 1871 an effective English bi-weekly. From 1900 – 1947, papers flourished in major cities like Dhaka, Barishal, Rajshahi, Rangapur and Sylhet. Salam writes that in this period of national awakening and political consciousness against the British, published more than 65 newspapers.

Radio broadcasting arrived in Bangladesh territory in 1939, when the British government set up the first radio station in Dhaka as a complement to Calcutta station. The listening range of the 5kw station was 64km, and it covered about 8 percent of the area in East Pakistan.

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2. East Pakistan Era

In the year of partition (1947), Purbo Pakistan daily, Paigam weekly, and Zindagi started publication. Morning news moved from Calcutta to Dhaka in 1948. The 1952 State Language Movement gave rise to the demand for provincial autonomy.

In 1958, Pakistan declared Martial Law to silence the agitation. During war with India, Pakistan's military rulers adopted the Defence of Pakistan Ordinance of 1965 and Pakistan Rules to suppress papers like Ittefaq and New Nation. 40 publications added in this era. Media played a vital role for the cause of Bengali language, culture and struggle for Independence.

3. After Independence

Bangladesh became independent in 1972. It is the only country that fought for the language and became independent. The Bangladesh Press Order 1972 gave the legal basis for the administration of papers which were abandoned under the Presidential Order 16 of 1972.

Subsequently, the government enacted the Special Powers Act No.14 of 1974 to "provide for special measures for the prevention of certain prejudicial activities" and allow for the "speedy trial and effective punishment of certain grave offences." Media became more active after Independence.

The legislature passed the 1974 Press Council Act, which created a quasi-judicial body, presumably to "safeguard freedom of the press and protect individual citizens and institutions from media harassment and exploitation," as well as to maintain and improve the standard of newspapers and news agencies in Bangladesh. Similarly, the 1984 Press Commission made 102 recommendations which some critics described as "too simplistic and in some cases contradictory."

The 1980s saw the emergence of more dailies in Dhaka; including New Nation(1981), Daily Shakti(1982), Dainik Janata(1984), Dainik Khabar(1985). Each major political party has one or more newspapers that support it, and each uses its own newspapers to publish its official views. Repression of the media varied from the banning of some publications for extended periods to officially pressurizing publishers to regulate the content of news articles. For example, Bangladesh Observer was banned for three months in 1987 and Banglar Bani was banned through much of 1987-88. BBC was banned under Special Powers Act from 14 Dec, 1987 to May 2, 1988 .

The Feb 19 general elections re-established parliamentary democracy in Bangladesh under BNP Prime Minister Khaleda Zia. The pro-democracy movement forced the Zia government on 1991 to drop sections 16, 17 and 18 of the Special Power Act that fettered the freedom of the press and the freedom of the speech. A good number of young and energetic people turned to journalism in the early 1990s.

Constitution of the People's Republic of Bangladesh ensured freedom of speech and expression. Article 39(1) guarantees freedom of thought and conscience. However, Article 39(2) states that this right shall be "subject to any reasonable restrictions imposed by law in the interests of the security of the state, friendly relations with foreign states, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence". (Hoque, 1992,pp. 25,45)

BHUTAN

Bhutan is an absolute monarchy and has maintained sovereignty throughout its history. Until the early 20th century, the country adopted the Tibetan model of government. Isolationism and the high illiteracy were not conducive to the growth of mass media. Bhutan's national newspaper, Kuensel began as an official government gazette in 1960. (Dorji, 1994a). Its growth paralleled the modernization program with the First Five-year Plan in 1961. In 1986, the information wing of the Bhutanese government converted the bulletin to a serious newspaper with the assistance of the [6]UN Development Program. It was started as a 12-page Saturday weekly tabloid in Dzongkha, English, and Nepali.

The Fifth Five-year Plan (1981-86) augured well for the development of mass media in the country because it recognized the important role that media could play in national development. (Servaes, 1994a, 1994b) In addition, the government set up Bhutan Broadcasting Service (BBS), and the Development Support Communication Division (DSCD); later called Development Communication Corporation, all under the Ministry of Communication.

Druksil quarterly published from the private sector in 1979. King feared with the publication of the article "Nepali kasari Bhutan Puge?" and banned the paper and imprisoned its editor Printing quality of the Kuensel improved in 1996 and it published in colors in 1999.. There was no improvement before Bhutan Times in 2006.

No explicit legal of regulatory framework exists for the media in Bhutan. The government has consistently considered the media as tools for promoting development and gas adopted a policy of "cautious modernization", and of weighing the balance between tradition and modernity. The Sixth Five-year Plan aimed to foster better communication while the Seventh was the forerunner to the corporatization of the [7]media.

Article 7 in the constitution of Bhutan has the provision of fundamental rights. Article 7(2) states "A Bhutanese citizen shall have the right to freedom of speech, opinion and expression", 3 states, "A Bhutanese shall have the right to information", 4 says, " A Bhutanese shall have the right to freedom of thought, conscience and religion. No person shall be compelled to belong to another faith by means of coercion or inducement", and 5 says, "There shall be freedom of the press, radio and television and other forms of dissemination of information, including electronic."

SRI LANKA

Sri Lanka remained under Portuguese, Dutch and British colony and gained independence from Britain on 4th Feb 1948. The Dutch set up the first printing press in Colombo in 1737. British produced the first regular publication–the weekly Government Gazette in 1802. The patronage of the colonial government and commercial interests of the colonists ensured a high degree of government-press harmony in the early history. Colombo Journal came as a biweekly in 1832, followed by Observer and Commercial Advertiser in 1834, the country's oldest newspaper today. Other English papers followed such as Ceylone Chronicle, Ceylone Herald, Galle Telegraph, and so on.

Tamil and Sinhala are the two major races in Sri Lanka. Sinhala covers 80%, while the Tamil covers 12% of the population. Sinhala press began with publication of Lankalaka in 1860. However, Lakmini Pahana (1862) was the first to be registered under the Newspaper Ordinance of 1839. Pradipaya came as the first daily in Sinhala in 1866. In contrast to the pro-Western and pro-Christian bias of the English press, Sinhala press "exuded a remarkable pro-nationalistic and pro-Buddhist bias".

The early Tamil publications were religious and ethno- nationalist in orientation. Udaya Tharakai (1841) served as the first weekly for more than 130 years. The news periodical Udayadithan served Colombo Tamils while Roman Catholic publication Usaithalu targeted Jaffna as well. Other publications include Paliya Narsan (1865), Elangai Pathukaralan (1868), Illangai Nasen (1877), Islam Mithiran (1905)etc.

The country enjoyed considerable press freedom for the first quarter of a century after independence. Thereafter, for almost 20 years beginning 1973, the state usurped much of that freedom with laws aimed at taming the press (Gunaratne 1975; Liyanage, 1993). Sri Lanka Press Council of 1973 and the Associated Newspapers of Ceylon Ltd Law of 1973 "had profound consequences for the freedom of the press."

The emergency declared in 1971 to suppress the first JVP insurrection, continued until 1977. Following the emergencies in 1982 and 1983, rule by emergency powers has become the rule rather than the exception. Parliamentary Act of 1953, (amended in 1978 80, 84 ,87); the Official Secrets Act of 1955; and the Prevention of Terrorism Act of 1979 have impinged on the freedom of publication (Coomaraswami 1981; Udagama 1986). Other enactments affecting the media include the Newspaper Ordinance of 1839, Printers and Publishers Ordinance of 1885, Printing Presses Ordinance of 1902, Obscene Publication Ordinance of 1927, Profane Publications Act of 1958, and Code of [8]Intellectual Property Act of 1979.

Press was highly suppressed during emergencies in 1971-77, 1982-83, 1987-89 due to the conflict between Tamil Tigers and the government. Press was victimized due to the crossfire between the government and rebel. The war ended after Pravakaran was killed in May 18, 2009. Even after re-election of president Mahindra Rajapakse, press was highly curtailed.

Article 10 of Sri Lankan constitution guarantees the freedom of thought, conscience and religion. Article 14(1) (a) guarantees the freedom of speech, expression and publication. However, article 15(2) states that this right "shall be subject to such restrictions as may be presented by law in the interest of racial and religious harmony or in relation to Parliamentary Privilege, contempt of court, defamation or incitement to an offence."

MALDIVES

Maldives became independent of British colony in 1965. The first newspaper is reported to be Al Islah. Other early papers included Sarukaaruge Khabaru, and Viyaafari Miyadhu. The country's politics underwent intermittent periods of turmoil that often tempted government to clamp down on dissent, seemingly in the interest of maintaining consensual politics.

In the early 1990, Gayoon initiated democratic reforms with particular attention on the freedom of the press. The emergence of several outspoken magazines and journals including Sangu and Hukuru made the government and elite skittish about a "free press". By June, the government reversed its policy of liveralization and banned publications that it had not permitted. Writers and journalists were arrested. (The Europa world yearbook, 1998; Freedom House 1998) The conditions for press freedom remain a source of tension between journalists and the government.

Previous research suggests that Maldives had two weeklies (Hafta, Divehi and Outlook) and three monthlies (Aabaaru, Amaaz, and Faiythoora). Today, there are three popular news dailies, Haveeru (1978), Aafathis (1979) and Maidhu (1998). But due to its geographical complexities, radio is more popular than the papers in Maldives. Government started Voice of Maldives radio in 1962 and Television Maldives in 1978. Since both radio and television are owned and operated by the government, the degree of autonomy, enjoyed by the broadcasting system is unclear. Freedom House (1998) reported that the "government-owned" radio and the "state-run television service carry some pluralistic views". However, journalists practice self-censorship.

Article 13 of the Maldives Constitution guarantees the freedom of "speech and expression of thought, orally and in writing". The caveat is that the right is guaranteed "as long as the specific provisions of the Shariat and the law are not contravened" (Hecker, 1986,p.9). Other related rights include the freedom to acquire and impart knowledge, and the freedom from government intrusion on private correspondence and telecommunication messages. All these are, however, subjected to limitations of Shariat and the law. Article 35 gives the president and the government the right to enact temporary orders I the event of emergencies. While press freedom is guaranteed and extended under articles 13 and 14, more or less 30 other clauses and laws place limits on such freedom (Mohammad, 1995).

AFGHANISTAN

Afghanistan was under British colony. It was liberated in 2001. There are two major languages in use: Dari and Pashtu.

Saraj-Al-Akhabar appeared as the first newspaper in Afghanistan in 1911. Since 1927, regular publication started along with the establishment of "Anis" in Dari. Radio Kabul started in the same year and later, it became Radio Afghanistan. In the other hand, Hawad came as the first paper in Pashtu language. The first English paper came only in 1970, in the form of Kabul Times. Afghanistan National TV started in the year 1978.

Since 1996, Taliwan came into power and banned all media. All papers, radio and television were closed down. This period became the darkest days for the press. Press freedom was highly curtailed due to the conflict in the country. Press was victimized in the crossfire between the government and the armed alliance. Many journalists were murdered during the conflict. Especially, the women journalists were [9]targeted in the massacre. Russia attacked Afghanistan and US sent militaries there. Peshawar of Pakistan became the main center for Afghan refugees. Many publications thus, started from Peshawar. As an end of Taliwan power in 2001, all closed media re-started. Today, there are more than 200 publications in Afghanistan, along with some private radio and tv stations.

Article 13 of the Constitution of Afghanistan states that the "Freedom of expression is inviolable".

Every Afghan has the right to express he thought through speech, writing, or illustration or other means, by observing the provisions stated in the constitution.

Every Afghan has the right to print or publish topics without prior submission to the state authorities in accordance with the law.

Directives related to printing house, radio, television, press, and other mass media will be regulated by the law. (www.google.com)




McQuail(2000:167-8)

Handbook of Asia

Freedom of the Press

[2] Handbook of Asia

[3] Handbook of Asia

[4] www.google.com

Handbook of Asia

[5] Handbookof Asia

www.google.com

Jabbar and Isa,1997,p.176

[6] Handbook of Asia

[7] Handbook of Asia

www.google.com

Gunaratne 1975; Liyanage, 1993

[8] Coomaraswami 1981; Udatama 1986

Handbook of Asia

[9] www.google.com

Handbook of asia

The Europa world yewrbook,1998

Freedom House 1998