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International Journal of Management Sciences and Business Research, 2012, Vol. 1, No. 5. ISSN! 222"#$2%5&

Historical & Professionals Paradigm of Pakistan Penal Code Pertaining to the Press
Dr. Sajjad Ahmad Papracha Assistant Professor, Department of Media Studies, The Islamia University of Bahawalpur,Pa istan Dr. Khalid Sultan Assistant professor, Department of !ommuni"ation Studies, !ollege of Applied S"ien"es, #i$wa, Ministry of %igher &du"ation, Sultanate of 'man Dr. ir!a "an Assistant professor, Department of Mass !ommuni"ation, (omal University, D) I) *han, Pa istan)

A#stract 'a(istan 'enal )ode '')& is the legac* of the colonial era, +ut after the inde,endence of 'a(istan, such amendments -ere made in the sections of '') ,ertaining to the ,ress -hich further im,osed restrictions on the freedom of the ,ress. Man* cases against the ,ress had +een registered under the rele.ant sections during different regimes in 'a(istan. /his article is an attem,t to stud* the ,erce,tion of the media ,rofessionals regarding these sections of ''). /he methodolog* of document stud* and sur.e* -as em,lo*ed to collect the rele.ant data. /his ,a,er suggests that there is a need to re.ie- '') ,articularl* those sections ,ertaining to the ,ress to e0tend the sco,e of the freedom of the ,ress as ,er re1uirements of free, enlightened, moderate and democratic 'a(istan. Key Words! 'a(istan 'anel )ode, 'ress, Media 'rofessional, Sco,e of 2reedom

1) Introduction
/he 'a(istan 'enal )ode usuall* called '') is a ,enal code for all offences charged in 'a(istan. 3efinitions in the )ode to +e understood are su+4ect to e0ce,tions. /hroughout this )ode e.er* definition of an offence, e.er* ,enal ,ro.ision and e.er* illustration of e.er* such definition or ,enal ,ro.ision, shall +e understood su+4ect to the e0ce,tions. Before the 'artition the 5o.ernment of India constituted a 6a- )ommission to ,re,are a 'enal code, of -hich 6ord Macaula* -as the 'resident. /he first draft of 'enal code ,re,ared +* the said commission -as ,resented to 5o.ernor 5eneral of India in 1$%7. Sir Burnes 'eacoc(, )hief Justice and 'uisne Judges of )alcutta 8igh )ourt re.ised the draft and com,leted the tas( in 1$50. /he legislati.e council ,assed it in 9cto+er 1$"0, and under section 1$ %& of the Inde,endence :ct 1;<7, 'enal )ode, 1$"0 -as ada,ted +* 'a(istan =until other ,ro.ision is made +* the la-s of legislati.e=, +ut 'a(istan has not so far framed its o-n ,enal code and the ,enal code enacted in 1$"0 +* foreign rulers is still +eing follo-ed in 'a(istan as the la-

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of crimes of the land. /hough a good num+er of amendments ha.e +een made to suit the changed conditions +ut the fact remains that its +asic ,rinci,les and fundamentals ha.e .er* little effect of the change Ba4-a, 1;;2&. /he sections of the 'a(istan 'enal code relating to the 'ress are mentioned here +riefl*. Section 12%#: states that -hoe.er condemns the creation of 'a(istan or ad.ocates the curtailment or a+olition of the so.ereignt* of 'a(istan shall +e ,unished -ith rigorous im,risonment u, to ten *ears and shall +e lia+le to fine Ba4-a, 1;;2 ,.1%%&. /his section -as instituted in 1;50. /his institution seems to +e made in the ,ers,ecti.e of a court decision regarding a case in -hich the court u, held the action of the 5o.ernment ta(en against >rdu -ee(l* Jarida :l#Islah 6ahore. /he -ee(l* had re,roduced the manifesto of Islam 6eague 'art* founded +* :llama Mashra1i that condemned the creation of 'a(istan a+dul, 1;52&. Section 12<#: is related to sedition, -hich states that -hoe.er +rings into hatred or contem,t the 5o.ernment shall +e ,unished -ith u, to im,risonment for life to -hich fine ma* +e added. /he e0,lanation of this section sa*s that comments e0,ressing disa,,ro+ation of the measures of the 5o.ernment -ith a .ie- to o+tain their alteration +* la-ful means -ithout e0citing hatred, contem,t or dissatisfaction does not constitute an offence. /he 'ress can ta(e the ad.antage of this e0,lanation and a 4ournalist ma* comment e0,ressing disa,,ro+ation of the measures of the 5o.ernment -ith a .ie- to o+tain their alteration +* la-ful means, +ut he must do so -ithout attem,ting to e0cite hatred and disaffection :IR, 1;52&. 'rosecution under section 12<#: can onl* +e initiated +* the 5o.ernment1, +ut -hether the -ords used are sedition?s or not is to +e determined +* the 4udge and should not +e left to the 4udgment of the -itnesses ')6,1;";&. Section 15%#: of the ,enal code ,unishes for a term u, to fi.e *ear and -ith fine to -hoe.er ,romotes or incites disharmon* or feelings of enmit*, hatred or ill#-ill +et-een different religious, racial, language or regional grou,s or casts or communication.

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International Journal of Management Sciences and Business Research, 2012, Vol. 1, No. 5. ISSN! 222"#$2%5&

/he e0,lanation indicates that the essence of an offence under S. 15%#: is malicious intention, and if there is no malicious intention in the ,u+lication, honest* of ,ur,ose ma* safel* +e inferred2 .If the -riter is e0,ressing .ie-s -hich he holds honestl*, ho-e.er, -rong the* ma* +e, and has no malicious intention, he cannot +e +rought -ithin the mischief of S. 15%#: in -hich the 6egislature has ,reser.ed a delicate +alance +et-een the undesira+ilit* of an*thing tending to e0cite sedition or to e0cite strife +et-een classes, and the undesira+ilit* of ,re.enting an* +ona fide argument for reform :IR, 1;<%& In this connection it ma* +e remem+ered that the editor of a ne-s,a,er has certain ,u+lic duties, one of -hich is to ,u+lish matters -hich, it is in the ,u+lic interest, that it should +e (no-n and if he does so honestl*, he is e.identl* not lia+le to +e dealt -ith +* a )riminal )ourt. Section 15%#B -as instituted -ith effect from June 7, 1;"2 and states that inducing students to ta(e ,art in ,olitical acti.it* is ,unisha+le -ith im,risonment u, to t-o *ears and @or -ith fine Mahmood#1;$;, ,.<71&. Section 2;2 states that -hoe.er sells, distri+utes, ,u+licit* e0hi+its etc. or ,roduces or has in his ,rocession an* o+scene +oo(s and ,a,er etc. shall +e ,unished -ith im,risonment u, to three months and@or fine. /he e0,lanation of the section ma(es certain e0ce,tions as -ell, in order to ,reser.e art, cultural, historical and religious monuments. /he term ?o+scene? means offence to chastit* or modest*. :n o+scene thing is that e0,resses or suggests unchaste and lustful ideas. /he test of o+scenit* is -hether the matter tends to de,ri.e and corru,t the minds of ,eo,le. It ma*, ho-e.er, +e noted that the conce,t of o+scenit* is a relati.e conce,t -hat ma* a,,ear o+scene to one ma* not a,,ear to other. : matter ma* +e considered to +e o+scene in one countr* +ut not in another, or the same matter ma* +e considered o+scene at one time +ut not in other Ba4-a, 1;;2&. 6oo(ing to this relati.it*, the test -ould +e -hether the ,articular matter in 1uestion is in a gi.en ,eriod and in a ,articular societ* or communit*, generall* considered o+scene or not%. .Section 2;5#: of 'a(istan 'enal )ode states that -hoe.er outraging the religious feelings of an* class, or insults the religion or the

+ ,

Historical & Professionals Paradigm of Pakistan Penal Code Pertaining to the Press

religious +eliefs of that class shall +e ,unished -ith im,risonment u, to ten *ear and. or fine. Ja++ar, and Isa, 1;;7 ,.";0&. :ll these sections of 'a(istan 'enal )ode -ere included in :rticle $ of 1;5" constitution, :rticle ; of 1;"2 and In :rticle 1; of 1;7% constitution and also all these sections -ere ,unisha+le under 'ress and 'u+lication 9rdinance 1;"0, ''9&, 'ress and 'u+lication 9rdinance 1;"%, and Registration of 'rinting 'ress and 'u+lication 9rdinance 1;$$. Section <;; deals -ith defamation and states that -hoe.er ,u+lishes an* im,utation concerning an* ,erson intending to harm his re,utation in the estimation of others, and lo-ers the moral or intellectual character of a ,erson is ,unisha+le -ith rigorous im,risonment u, to t-o *ears and@or -ith fine Ba4-a#1;;2, ,.<75& But an*thing that is true and in the ,u+lic good, or e0,ress in good faith an* o,inion regarding the conduct of a ,u+lic ser.ant in the discharge of his ,u+lic functions or regarding his character, true re,orts of the court ,roceedings, or e0,ress an* o,inion in good faith regarding an* case that has +een decided +* the court, is not defamation. A.en then it is incum+ent that the 4ournalists should ma(e due in1uir* as to the truth of the matter the* ,u+lish. If the* do not, the* ta(e the ris( of ,rosecution for defamation. /hus -here comment is made on allegations of fact -hich do not e0ist, the .er* foundation of the ,lea of fair comment disa,,ears. /he act of defamation -as ,unisha+le under ''9, 1;"0, ''9, 1;"%. /he defamation -as also mentioned in :rticle 1; of 1;7% constitution as reasona+le restriction on freedom of 'ress +ut +* an amendment in 1;75, the -ord defamation -as omitted from the -ording of the article 1; of 1;7% constitution. Ja++ar, et al, 1;;7, ,.$<.& 1.1 Background :s stated earlier that the 'enal code enacted in 1$"0 +* foreign rulers is still +eing follo-ed in 'a(istan as la- of crimes of the land and the legislature in 'a(istan has not so far framed its o-n ,enal code. /hough a good num+er of amendments ha.e +een made -ith the need of e.er changing conditions of the societ* +ut the fact remains that its +asic 'rinci,les and fundamentals ha.e .er* little effect of the change.= /his is due to the fact that in a democratic set#u,, la-s cannot +e enforced unless the* en4o* the su,,ort or at least the ac1uiescence of a large ma4orit*.

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International Journal of Management Sciences and Business Research, 2012, Vol. 1, No. 5. ISSN! 222"#$2%5&

But since the ,rocess of democrac* -as not let to continue smoothl* and it -as interru,ted mostl* +* the militar* ad.enturisms, this has also ,ushed +ac( the ,rocess of freedom of the 'ress. 2or Instance, 5eneral Bia ul 8a1 on 3ecem+er 1$, 1;7; ,romulgated Martial 6aRegulation <; to amend section <;; and 500 of the 'a(istan 'enal code. /he effect of the amendment -as that ,u+lication of defamator* matter against an* ,erson, e.en if it -as true and in the ,u+lic interest -as to constitute a cognisa+le and com,ounda+le offence ,unisha+le -ith fi.e *ears rigorous im,risonment or -ith fine or -ith +oth. In the 1$"0 6a-s of 3efamation, there had +een ten e0ce,tions of -hich nine -ere -ithdra-n -ith one stro(e of ,en. /he nine deleted e0ce,tions, -hich had +een ,art of the la- for o.er a centur*, +ecame la,sed. :ll these safeguards for Indi.idual and ,u+lic interest in the la- of defamation granted +* an im,erialist ,o-er to its su+4ects -ere snatched a-a* +* the militar* rulers of the free land. It is trans,arentl* clear that the defamation la- -as re.ised at the cost of ,u+lic interest +ecause the la-#ma(ers suffered from a mortal fear of information. In other -ords, secrec* is safe, onl* information is dangerous NiaCi#1;$"&. But no- it has +een increasingl* felt during the last se.eral *ears that our. 'resent legal s*stem and its administration needs to +e o.erhauled in order to fit ne- and changed conditions. 6a-, and the legal s*stem, li(e an*thing else in the -orld is a changing ,henomenon. No man#made la- can meet the o.erall needs of changing times and no legal s*stem can e.er +e considered efficacious for all times. 6egal histor* sho-s that right from the earliest dis,ensation, la-s and legal s*stem ha.e +een constantl* re.ised in order to meet the needs of changing times. It is o+.ious that each legal s*stem -as the ,roduct of an e.olutionar* ,rocess and the result of historical forces. /he main ,oint is that the British had trans,lanted in India their o-n s*stem. /he* had introduced this legal s*stem -ith a .ie- to go.ern this countr*. In ,rocedure, almost all the main ,rinci,les -ere +orro-ed from Anglish statutes +ut as the ,rimar* o+4ect of the foreign rulers -as to maintain la- and order, the s*stem introduced +* them did not suit the genius of the ,eo,le.

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9ur legal literature is a.aila+le in Anglish the result is that the +ul( of our ,o,ulation does not (no- la-. 8o- can ,eo,le o+e* la- if the* do not (no- itD 2or a democratic societ*, is +orn out of the as,iration of ,eo,le and if the lin( of la- and the ,eo,le is +ro(en, the laturns into an im,osed edict from a+o.e and soon turns into a t*rann*. /herefore, if la- has to +e successfull* carried out, it must come out of the ,eo,le and must ha.e a li.ing contact -ith the ,eo,le. /his is onl* ,ossi+le if all la-s are translated into >rdu and -idel* disseminated among the ,eo,le. 9urs is an age of s,ecialisation -ith the gro-ing com,lications of la-E it is the time that -e also introduce s,ecialised courts to deal -ith the cases related to media 'aracha, 1;;;& 1.2 Objectives of the Study

1) /o e0,lore the a-areness and ,erce,tion regarding ,unishment of 'a(istan 'enal

+) to see the ,erce,tion regarding Section 12<#: of '') ,) to (no- the Situation of the ,ress freedom and a,,ro,riation of ,unishment des,ite
Section 12<#: of '')

-) to understand the e0tent the ,ress o+e*ing VS Situation of the ,ress freedom
2.1. Methods 2.1.1 Sam,le Fe conducted inter.ie-s -ith the ,eo,le -or(ing as re,orters, su+#editors, ne-s editors, chief editors, district corres,ondents, column, editorial G feature -riters, free lancers, radio@/V ,roducers G re,orters, su+#editors of ,rint and electronic media and ne-s agencies, go.ernment information de,artment and teachers of mass communication in 'a(istan. 2.1.2 'rocedure : cross#sectional national +ased sur.e* +* using mail 1uestionnaire mode -as ado,ted to e0,lore the ,erce,tion of s,ecial focus grou, on 'a(istanHs media ,olic*. 're test of the re.ised .ersion -as ta(en in a heterogeneous grou, of media educationists and ,ractitioners. Iuota and ,ur,osi.e sam,ling method for data collection -as ado,ted. : -ell standardiCed 1uestionnaire -as de.elo,ed on 'a(istan 'enal )ode '')& ,ertaining to the 'ress. %.1! Results
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International Journal of Management Sciences and Business Research, 2012, Vol. 1, No. 5. ISSN! 222"#$2%5&

/he results of the sur.e* conducted to (no- the ,erce,tion of the media ,rofessionals regarding 'a(istan 'enal )ode '')& Sections! 12%#:, 12<#:, 15%#:, 15%#B, 2;2, 2;5#:, and 500, -hich are ,ertaining to the ,ressE and 2reedom of Information :ct#2002 is ,resented in follo-ing! 3.1.1: !areness and "erce"tion regarding "unish#ent under Section 123$ of %%& )hi#S1uare /est 2J2 -ith res,onse choice of 2 -ith res,onse choice of KLesM and KNoM /he results ha.e sho-n the res,ondents a-areness of the fact that there is ,unishment of ten *ears im,risonment and fine on ,u+lication of such material, -hich condemns the creation of 'a(istan or ad.ocates the curtailment or a+olition of the so.ereignt* of 'a(istan. /he result of the N2 significant -ith dfO of 2 and '#0.000 as al,ha calculated .alue claiming <.17" P 5.7"5 P 5.""2 P 7.$15 P -ith inference of 0.115 P 0.15$ O 2%.";1. /o chec( the significant difference -e ,refer le.el of significance to +e set at 0.05. /his su,,ort the 8o that the Ka-areness and ,erce,tion regarding ,unishment under Section 12%#: of '')M is highl* significant. It also indicated that a highl* significant ma4orit* of the res,ondents endorse +ecause the ta+ulated .alue -as 5.;;1 that ,u+lication of such material should remain as a cogniCa+le crime -hich clearl* the .ie- that ,unishment of ten *ears and fine mentioned in the Section 12%#: of '') is a,,ro,riate. 3.1.2: !areness and "erce"tion regarding Section 12'$ of %%& 2actor :nal*sis of the )orrelation Matri0 sho-ed that the target sam,le of the focus grou, is not +oldl* su,,ort the su,,osition -ith 0.7$5 as at K*esM and 0."20 at KnoM categories. /he* -ere found -ell a-are that Section 12<#: of '') ,unishes -ith im,risonment for life and ,ro+a+le fine on ,u+lication of such material, -hich is contem,tuous to the go.ernment. 2indings o+.iousl* re.ealed that #0.7$5 and 0."20 res,ecti.el* at +oth the dichotom* scale as significant highlights that section 12<#: should not remain as cogniCa+le crime. 8o-e.er, 0."1" and 0.%$< of the ,unishment for life im,risonment and fine is not a,,ro,riate are different tendenc* and found inde,endent of one another i.e. the* are not correlated&. /he result has ,ro.en that scores on these % .aria+les are affected +* 4ust one common factor that is 1.000.

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%.1.%! KSituation of the ,ress freedom des,ite Section 12<#: of '')M and K'erce,tion regarding a,,ro,riation of ,unishment under Section 15%#: of '') 80 8a D2 + &rror Total Section 12<#: of '') is not different from Section 15%#: of '') Section 12<#: of '') is different from Section 15%#: of '') SS +/0 . MS +/0 13+1-0 13+-1, Individual 4.5 !Is 2or Mean Based on Pooled StDev 6evel !1 !+ # , , Mean 111), 13.)3 StDev 7877777777787777777778777777777877777 14+)4 97777777777777777:7777777777777777; 110)1 97777777777777777:7777777777777777; 7877777777787777777778777777777877777 Pooled StDev < 1.4)1 71.3 3 1.3 ,33 2 3)31 +..,0 P 3)4+-

:nal*sis of Variance

2a"tor =Se"tion 1+-7A of PP!>, "omposed on 9fully7up to some e?tent7not at all; and fa"tor =Se"tion 1.,7A of PP!>, indi"ates 9yes7lesser7more;) 2indings 9Two way A#'@A; have shown that !1 n<, with M<111), and StDev 14+)4 and !+ having M<13.)3 StDev 110)1) The sum of sAuare<+/0) Mean sAuare<+/0 2 distriBution 3)31 P is greater than 3)4+-) 2indings show that the press in Pa istan is performing its fun"tion freely despite Se"tion 1+-7A of PP! and the %3 is reCe"ted) Dhere is "on"erned the Se"tion 1.,7A of PP!, the result also support the %a the PP! is appropriate) $.%.&' A(areness and perception regarding punishment under Section %)$*A of PPC r E c "ontingen"y taBle N+ statisti"al test Fesult illustrated the !hi7SA < 1),+3 8 .)111 81)+41 8 .)014 < 1-)+4. with df<1, P7@alue < 3)333 whi"h highly signified the fa"t that there is punishment of . years imprisonment and fine under Se"tion 1.,7A on puBli"ation of su"h material, whi"h promotes disharmony or feeling of enmity, hatred or ill7will among different religious, ra"ial, lingual or regional groups or "asts of Pa istan) 2indings also support the assumption that the target groups were remained "ogni$aBle "rime under Se"tion 1.,7A of PP!)

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$.%.)' A(areness and perception a#out punishment under Section %)$*+ of PPC. ,n-$)). r E c !hi7SAuare Test The findings revealed !hi7SA < 3)+11 8 3)+33 83)+1- 8 3)140 < 3)1+1 with df<1, P7@alue < 3),/, whi"h showed slightly less signifi"ant the =Se"tion of PP! whi"h punishes up to + years imprisonment or fine on puBli"ation of su"h material whi"h indu"es students to ta e part in politi"al a"tivity>) Moreover, highly signifi"ant respondents were who remain as a "ogni$aBle "rime) /igure %.%' Perception regarding appropriation of punishment under Section %)$*+ of

2igure 1)1 shows that merely half of the respondents 9.35; feel that punishment under Se"tion1.,7B of PP! is appropriate)

$.%.0' Perception regarding the e1tent the press o#e2ing Section %)$*+ of PPC (S Situation of the press freedom despite Section %)$*A of PPC %3 Press oBeying Se"tion 1.,7B of PP! is eAually signifi"antly to press freedom despite Se"tion 1.,7A of PP! %a Press oBeying Se"tion 1.,7B of PP! is not eAually signifi"antly to press freedom despite Se"tion 1.,7A of PP! Fegression Analysis The "olumn headings SS<.41++, df<1 and MS<.41++ where GSS stand for Sum of SAuaresG, D2 indi"ates> degrees of freedomG, and GMS stands for Mean SAuareG, respe"tively) The taBle also reveals that there are 1+4. total degrees of freedom) The mean

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sAuare error 9MS; is defined as the residual sum of sAuares divided By the "orresponding degrees of freedom) The R7sAuared 9R+; for the regression is 133)35, and the R7sAuared adCusted for degrees of freedom 9R+a; the regression is 133)35) The standard error for the "oeffi"ient on is Press oBeying Se"tion 1.,7B of PP! and press freedom despite Se"tion 1.,7 A of PP!, .41+.) The "orresponding t statisti" is 3)++4, whi"h has a signifi"an"e level of 3)33. in a two7tailed test and "onstant P<3)3/4) The 4. per"ent "onfiden"e interval for the "oeffi"ient is Hregression eAuation is H11)0 8 3)431I) !on"lusionJ the regression analysis support that there is not eAually signifi"ant per"eption that despite Se"tion 1.,7A of PP!, the press in Pa istan is performing its fun"tion freely up to some e?tent and situation of the press freedom despite Se"tion 1.,7A of PP! is lesser free) %3 is reCe"ted) $.%.3' A(areness and perception regarding punishment under Section 454 of PPC /he result indicated the MO157.5 St3e.O1".% SA MO11.5 and ;5.0Q 11.<, %0%."&, Section 2;2 of '') ,unishes u, to % months im,risonment or -ith fine to one -ho sells, distri+utes, ,u+licl* e0hi+its or ,roduces such +oo( or ne-s,a,er -hich contains o+scenit*. Fhile remain as cogniCa+le crime MO20.0 St3e.O1<.1 SA MO10.0 #107.1, 1<7.1&. /he findings .er* clearl* re.eal the su,,osition as significant regarding ,unishment under Section 2;2 of '').

/igure %.4' Perception regarding appropriation of punishment under Section 454 of PPC. ,n-$%&.

2igure 1)+ indi"ates that maCority 9./5; is of the view that the punishment up to , months or fine under Se"tion +4+ is appropriate) /igure %.$' Perception regarding the e1tent the press o#e2ing Section 454 of PPC. ,n-$)).

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2igure 1), indi"ates that highly signifi"ant maCority of the respondents 90,5; thin that Pa istani press is oBeying Se"tion +4+ up to some e?tent)

/igure %.&' Situation of the press freedom despite Section 454 of PPC. ,n-$)).

2igure 1)- refle"ts the signifi"ant maCorityKs 9035; view that despite Se"tion +4+ of PP! the press in Pa istan is performing its fun"tion freely up to some e?tent in the promotion of art and "ulture)

/igure %.)' 6pinion a#out (atching o#scene material on 789 8C:9 or ;nternet should come under pur<ie( of Section 454. ,n-$)).
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2igure 1). illustrates that signifi"ant maCority of the respondents 9//5; "onsider that a"t of wat"hing oBs"ene material on T@, @!F, !aBle, Dish or Internet should also "ome under the purview of Se"tion +4+ of PP!) /igure %.0' 6pinion a#out non restriction of o#scene material on electronic media. ,n-%%0.

The respondents, disagreeing with the signifi"ant maCorityKs opinion in figure 1)/ that Se"tion +4+ should also restrain wat"hing oBs"ene material on ele"troni" media, argue that it is a personal a"t 9-35;, restraint would Be illogi"al 9,15;, or it would not Be possiBle 9+/5; to restrain wat"hing oBs"ene material in this age of gloBal media onslaught) 7a#le %.%' A(areness and perception regarding punishment under Section 45)*A of PPC. Punishment on outraging religious feelings Femain as "ogni$aBle "rime Is punishment appropriateM Les /-5 415 /+5 #o ,/5 345 ,15 n< ,.. ,.. ,+0

TaBle 1)1 guides us that signifi"ant maCority of the respondents 9/-5; now that Se"tion +4.7 A of PP! punishes up to 13 years imprisonment or fine to one who outrages the religious feelings of any "lass or insults the religion or religious Beliefs) Moreover, very vast maCority of the respondents 9415; support the view that it should remain as a "ogni$aBle "rime) The

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figures also illustrate that signifi"ant maCority 9/+5; feels that 13 years imprisonment or fine under Se"tion +4.7A of PP! is appropriate) The findings also reveal that a reasonaBle numBer 9+05; feel that punishment should Be "ommuted, whereas 115 of the respondents thin that it should Be more severe) /igure %.3' Perception regarding the e1tent the press o#e2ing Section 45)*A of PPC. ,n-$)). 2igure 1)0 shows a signifi"ant maCorityKs 9/15; view that the press in Pa istan is oBeying Se"tion +4.7A up to some e?tent)

7a#le %.4' A(areness and perception regarding punishment on pu#lication of defamator2 material under Section )== of PPC. ,n-$)). Awareness aBout punishment Femain as "ogni$aBle "rime Se"tions of PP! need review to meet present age reAuirements Les /05 435 4-5 #o ,,5 135 3/5

TaBle 1)+ des"riBes that a signifi"ant maCority 9/05; is well aware of the fa"t that Se"tion .33 of PP! punishes up to + years rigorous imprisonment or fine on the puBli"ation of any imputation "on"erning any person intending to harm his reputation in the estimation of others, and lowers the moral or intelle"tual "hara"ter of a person) They 9435; are also of the view that puBli"ation of defamatory matter should remain as "ogni$aBle "rime) %owever, very vast maCority 94-5; feels that all the Se"tions of PP! pertaining to the press need to Be reviewed to meet the present age reAuirements)

Historical & Professionals Paradigm of Pakistan Penal Code Pertaining to the Press

1/igure %.>' Perception regarding freedom of information ordinance 4==4 for the press freedom. ,n-$)).

2igure 1)1 shows a highly signifi"ant maCorityKs 90-5; per"eption that in spite promulgation of 2reedom of Information 'rdinan"e7+33+, there seems no apparent improvement in the press freedom)

/igure %.5' Perception regarding /reedom of ;nformation 6rdinanc*4==4 for not impro<ing the press freedom. ,n-4)>. 2igure 1)4 shows that maCority of the respondents 9./5; are of the view that promulgation of the 2reedom of Information 'rdinan"7+33+ is Cust an attempt to s"ore the points and in"rease the fame of the government) Some respondents 9++5; feel that its detail is not nown while some other 9145; say that its pro"edure is "ompli"ated, while ,5 respondents mentioned other reasons su"h as that the said ordinan"e is related to offi"ial information and not to the press only) &.%. Discussion !ommenting on Se"tions of Pa istan Panel !ode 9PP!; pertaining to media, the e?perts were of the view that no government "ould afford to Be"ome wea er that is why Se"tion 1+-7A of Pa istan Penal !ode 9PP!; does not need any omission or amendment) Fegarding Se"tion 1.,7B they were of the view that it should not Be omitted on the plea that it did not "ome in

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a"tion) In "ontrast, the other view was that it should not only Be omitted But the students should also Be allowed to ta e a"tive part in politi"s) Moreover, findings of the study revealed a "omplete agreement among e?perts that the suggestion given By a "ourt in 1443, that wat"hing oBs"ene material on T@N@!F should "ome under the purview of Se"tion +4+ of PP!, is neither wor aBle nor appropriate in this age of easy a""ess to media) %owever, the proBlem of oBs"enity in T@ programmes is "ontrollaBle through te"hnologi"al devi"es meant for the purpose) 'n the Auestion of the press "ourt of honor to e?pedite the "ases related to the media, it was revealed that as per de"ision of the Supreme !ourt of Pa istan, no parallel Oudi"iary "an Be estaBlished) ).%. Conclusion The law e?perts not only Custified that violation of Se"tion 1+-7A of PP! should remain as a "ogni$aBle "rime, But also Custified the punishment of life imprisonment on the plea that to "ontempt the government is a very severe "rime) In "ontrast signifi"ant maCority of respondents was of the firm view that violation of the se"tion should not Be "onsidered as a "ogni$aBle "rime and the punishment is also aBsolutely inappropriate and unCustifiaBle) 2indings pertaining to Se"tion 1.,7B of PP! illustrated that maCority of the respondents did not now aBout two years punishment on violation of the Se"tion along with fine for indu"ing students into politi"s, moreover highly signifi"ant maCority was not ready to "onsider the violation as "ogni$aBle "rime) !onversely the law e?perts remar ed that non registration of any "ase did not mean that it should Be omitted from PP! and also the presen"e of su"h se"tion did not mean that it must Be invo ed) If law was not Being violated it indi"ates maturity on the part of the so"iety) In "ontrast, the other view was that it should not only Be omitted But the students should also Be allowed to ta e a"tive part in politi"s) The empiri"al findings addressing Se"tion +4+ revealed that wat"hing of oBs"ene material on T)@, @!F or Internet should "ome under the purview of Se"tion +4+ as it was suggested By a Oudge of a %igh !ourt in 1443 that, =the e?hiBition or displaying of a foreignNoBCe"tionaBle film is an offen"e yet the a"t of seeing su"h film is not punishaBle) 6est this Oudgment is misunderstood, let it Be added that from the moral point of view, the "ourt have not approved the a"t of seeing oBs"ene, immoral, oBCe"tionaBle film on T@N@!F, the "ourt simply

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interpreted and applied the law of the land as it is) !ourt is oBliged to administer Custi"e within the "orners of the "ode and a""ording to the "annon of the law regardless of "onseAuen"es) The "ourt was "onvin"ed that unless amendment is made in the relevant law restraining a"t of seeing foreignNoBs"eneNun"ertified films, the person seeing su"h films on T@N@!F is not "riminally punishaBle) So, the legislature may in its wisdom ma e suitaBle amendment to Bring the seeing of su"h films on @!F within the purview of "riminal liaBilityG) The law e?perts were of the view that if someone was wat"hing su"h oBCe"tionaBle in priva"y then how the law "ould Be su""essfully enfor"ed) %owever, the proBlem of oBs"enity in T@ programmes "an Be "ontrolled through te"hnologi"al devi"es meant for the purpose) It was further oBserved that very vast maCority of the respondents Believed that Se"tions of PP! pertaining to the press should Be reviewed to e?tend the press freedom, whereas the offi"ial "ir"les Believed that more freedom might provide more "han"es to the press for Bla" mailing) It was further oBserved that maCority of the respondents thought that promulgation of the 2reedom of Information 'rdinan"e 7+33+ was Cust to s"ore points By the government and highly signifi"ant maCority has not felt any improvement in situation of the press freedom) The D( 9IP; was of the view that the purpose was not to s"ore the points But to meet the present age demand) In view of this dis"ussion it is suggested that all the se"tions of PP! parti"ularly those related to the Press need to Be improved and may Be framed in a""ordan"e with the reAuirement of independent, demo"rati" modern state 9Para"ha, +330;) :ecommendations Fespe"t for truth and for the right of the puBli" to truth is the first duty of the Cournalist) The Cournalist shall at all times defend the prin"iples of freedom in the honest "olle"tion and puBli"ation of news, and of the right to fair "omment and "riti"ism) Dithin the general law of ea"h "ountry the Cournalist shall re"ogni$e in matters of professional matters the Curisdi"tion of "olleagues only, to the e?"lusion of any ind of interferen"e By governments or others) The right to now should not Be ta en away from the people of Pa istan) The liBerty and safety of Cournalists and editorial independen"e are prin"iples of press freedom that we hold as sa"rosan"t and non7negotiaBle ) ) )

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&veryone has the right to freedom of opinion and e?pressionP this right in"ludes freedom to hold opinions without interferen"e and to see , re"eive and impart information and ideas through any media, and regardless of frontiers) The Press, #ewspapers, #ews Agen"ies and Boo s Fegistration 9Amendment; 'rdinan"e, +330, and the P&MFA 9Third Amendment; 'rdinan"e, +330, must Be revo ed to allow a return to the relatively free media environment that had Been developing in Pa istan in re"ent years) All politi"al "andidates are urged to "ommit to the withdrawal of the anti7media laws regardless of who holds government, and to pledge support for a strong "harter of rights guaranteeing Basi" media freedoms, without fear or favor) All ele"troni" media must Be promptly permitted to present all a"tivities without any hindran"e) :eferences H1I BaCwa, Qafar IABal) 9144+; )/he 'a(istan ,enal code, 1$"0 6ahoreJ !ivil and !riminal 6aw H+I OaBBar, Oaved and Isa, Ra$i 2ae$ 91440;)Mass media la-s and regulations in 'a(istan. SingaporeJ AMI!) H,I Mahmood, Sh) Shau at )91414;) /he 'a(istan ,enal code) 6ahoreJ 6egal Fesear"h !entre) H-I #ia$i, Qamir) 9141/;) /he ,ress in chains) *ara"hiJ Foyal Boo !o) H.I Para"ha, SaCCad) 91444;)'a(istanHs ,rint media ,olic*! a historical ,ers,ecti.e) An unpuBlished thesis of M)Phil suBmitted to the Department of the Mass !ommuni"ation, University of the PunCaB, 6ahore, Pa istan) H/I 9+330;) 'a(istanHs media ,olic*! a normati.e a,,roach) An unpuBlished thesis of PhD suBmitted to the Institute of !ommuni"ation Studies, University of the PunCaB, 6ahore, Pa istan)

Pu#lication reference' International Oournal of Management S"ien"es and Business Fesear"h OournalKs profile atJ httpJNNwww)iCmsBr)"omN And suBmit your manus"ripts online) Dr) Oohn eets, USA !hief &ditor &mailJ editorSiCmsBr)"om or infoSiCmsBr)"om

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Historical & Professionals Paradigm of Pakistan Penal Code Pertaining to the Press