Breaking the Silence: Ending Impunity for Crimes Against Journalists in Pakistan.

Journalism is often hailed as the fourth pillar of democracy, acting as a vital conduit between the state and the public. However, across the globe, journalists face increasing threats to their safety, autonomy, and freedom, especially in realms where political unrest, violence, and corruption prevail. Pakistan, with its tumultuous socio-political landscape, illustrate persistent danger faced by journalist  (1).  As the world observes the International Day to End Impunity for Crimes Against Journalists on November 2nd, it’s imperative to reflect on the state of press freedom in Pakistan and examine the persistent culture of impunity surrounding crimes against journalists. In Pakistani journalists face censorship, political pressure, and safety risks, limiting objective reporting. For society, this affects access to reliable information, weakening democracy and public accountability. In a polarized media landscape, it fuels mistrust and hinders justice. A free press is vital for an informed and empowered Pakistan. To keep this pillar of democracy standing tall, it’s time to demand action! Fight for reforms that shield journalists, deliver justice for crimes against them, and let press freedom roar. Be the voice that calls for stricter laws, keeps authorities in check, and champions fearless reporting. 

This article aims to analyze the underlying factors sustaining impunity for crimes against journalists in Pakistan and to demonstrate how these factors collectively weaken democracy. The analysis will delve into three primary dimensions—legal, societal, and political. First, it will explore legal gaps, including the inefficacy of Pakistan’s judiciary in holding perpetrators accountable. Second, it will assess societal challenges, particularly the normalization of violence against journalists and the public’s desensitization to press-targeted crimes. Lastly, the article will examine the political influence hindering investigations and legal outcomes, often reinforcing a cycle of intimidation. Through this examination, the article seeks to underscore the urgent reforms necessary to protect journalists and reinforce journalism’s role as a democratic safeguard in Pakistan. 

The Global Significance of the Day:

Since 2006, over 1,200 journalists have been killed worldwide, with nearly 90% of cases unsolved (2). Pakistan has one of the highest murder rates for journalists, reflecting weak legal protections and a climate of fear. Journalists covering corruption, political unrest, and human rights abuses face increasing risks, exacerbated by political interference and inconsistent legal action.

This impunity is fueled by political meddling, which disrupts investigations, shields perpetrators, and undermines press freedom. In contrast, Mexico and Colombia have made progress by establishing special prosecution units and strengthening legal protections for journalists, with international support (3).

Pakistan can learn from these countries by creating dedicated legal frameworks, forming investigative units, training police on journalist safety, and reinforcing press freedom laws. These reforms are crucial to protecting journalists and safeguarding democracy in Pakistan.

The Landscape of Impunity in Pakistan:

Pakistan’s press freedom is severely compromised, with the country ranked among the most dangerous for journalists. Since 1992, at least 63 journalists have been killed, and over 90% of these cases remain unsolved (4), reinforcing a culture of impunity. The murder of Wali Khan Babar in 2011 exemplifies this, as five individuals linked to the case were killed or went missing during the investigation, highlighting the lengths taken to avoid justice . The systemic issues fueling this violence include political interference, ineffective investigations, and complicity by state actors. Journalists are often caught between reporting critical truths and protecting themselves, particularly during political crises when covering corruption or government failures makes them targets 

Efforts to address this issue have had limited success. In contrast, countries like Colombia have implemented reforms with international support, including special protections and emergency protocols for journalists (5). Pakistan could benefit from adopting a similar legal framework that ensures both protection and accountability, strengthening transparency in investigations and fostering a safer environment for journalists. This would help dismantle the culture of silence, promoting a freer press.

Press Freedom in Pakistan: A Complex Landscape

Pakistan’s media landscape is complex and dangerous, ranking 150 out of 180 on the 2023 World Press Freedom Index (6). Journalists face severe threats due to military influence, political instability, and pressure from extremist groups. Reporting on corruption, human rights abuses, and power misuse exposes journalists to harassment, violence, imprisonment, or even death.

The case of Umar Cheema, an investigative journalist abducted and tortured in 2010 for critical reporting, highlights the risks. Despite the trauma, Cheema continues his work, symbolizing the cost of speaking out. Similarly, Asad Toor, attacked in 2021 for covering corruption, faces stalled investigations, reflecting the impunity for crimes against journalists. It is noteworthy, Countries like Ghana and Costa Rica show the positive impact of legal reforms and government support for press freedom. Ghana’s strong media protections and Costa Rica’s transparency offer lessons for Pakistan (7). However, Pakistan’s legal framework is fragmented, with vague provisions often used to censor journalists. The 2021 sedition charges against Absar Alam are an example of how the judiciary can be used to silence dissent. To improve journalist safety and press freedom, Pakistan could adopt reforms from international models, such as creating special investigative units for journalist-related crimes and establishing an independent press council. These reforms, inspired by Ghana and Costa Rica, could enhance accountability and create a safer environment for journalists, reinforcing press freedom and democracy.

The Pakistan Perspective.

Pakistan’s journalistic landscape is shaped by a complex relationship between the government, media, and various power structures, leading to challenges such as professionalism gaps, ethical dilemmas, and most critically, physical threats to journalists. The high impunity rate for crimes against journalists sends a dangerous message that silencing the media is acceptable, hindering efforts to create a safe environment for press freedom.

The judiciary plays a crucial role in protecting journalists. Landmark cases like Sheikh Rashid Ahmad v. Government of Punjab (2005) highlighted the judiciary’s capacity to affirm press freedoms, ruling that restricting coverage of public protests violated constitutional protections. This set a precedent for journalists’ rights to report without fear of state interference. However, such rulings are rare, and political and social pressures often undercut their impact, leaving journalists vulnerable to intimidation.  Similarly, Cases like Absar Alam v. Federation of Pakistan also show the judiciary’s potential to address threats to journalists. Alam faced sedition charges for criticizing the government, underscoring the state’s duty to protect journalists. While these rulings offer protections, their inconsistent application leaves journalists at risk of politicized legal actions and intimidation. The lack of accountability for crimes against journalists weakens democracy, stifles public discourse, and erodes trust in the media. When journalists fear reporting on critical issues like corruption or human rights violations, the public loses access to vital information, undermining informed decision-making. This suppression contributes to a disengaged civil society and a weakened democracy. Furthermore, impunity discourages investigative journalism, particularly on sensitive topics involving powerful entities. This limits the media’s watchdog role, crucial for holding power accountable. Pakistan’s media landscape reflects these challenges, with journalists facing threats from both state and non-state actors.

Countries like Colombia provide a model for progress. Legal reforms, such as special prosecution units for crimes against journalists, have reduced violence and promoted press freedom . If Pakistan adopted similar reforms, it could enhance protections for journalists, strengthen public trust in the judiciary, and empower civil society, fostering a more open and informed society.

Statistics & Case Studies

Since 2002, over 70 journalists have been killed in Pakistan, making it one of the most dangerous countries for the press (8). The Committee to Protect Journalists (CPJ) consistently ranks Pakistan among the world’s most perilous nations for journalists, largely due to unresolved murders and attempted killings (9). This impunity reflects a widespread tolerance for violence against the media.

Prominent cases include the attempted assassination of Hamid Mir in 2014(PLD 2014 SC 187), where the investigation failed to hold anyone accountable, showcasing the power of non-state actors in threatening press freedom. Similarly, the 2011 murder of investigative journalist Saleem Shahzad(PLD 2012 SC 213), who reported on terrorism and military links to extremist groups, remains unresolved despite national and international outrage. Many suspect involvement from powerful state and non-state actors, fueling distrust in the media and justice system. The killing of Arshad Sharif in 2022 further highlights this impunity. Sharif, known for his criticism of Pakistan’s elite, was killed in exile under suspicious circumstances. Despite promises of investigation, the case remains stalled, underscoring the country’s struggles with transparency, especially in politically sensitive matters (10). These cases erode public trust in the judiciary and amplify the vulnerability of journalists. The failure to hold perpetrators accountable threatens press freedom and undermines democratic principles. To break this cycle, reforms focused on stronger legal protections for journalists and judicial accountability are crucial. Without these changes, press freedom will remain under threat, and critical issues will go unexamined, further eroding Pakistan’s democratic integrity.

Underlying Factors and the way Forward 

The persistent impunity for crimes against journalists in Pakistan is driven by a web of complex factors, including entrenched power dynamics, weak rule of law, and a lack of political will to hold perpetrators accountable. Intelligence agencies and extremist groups, often implicated in attacks on journalists, exert considerable influence but face minimal scrutiny. Investigations into these incidents are frequently superficial or inconclusive, reflecting an unwillingness among authorities to ensure justice. This failure highlights a deeper systemic issue: Article 14 of the Constitution of Pakistan, which guarantees the right to dignity and security of one’s person, has largely failed in practice when it comes to safeguarding journalists. The consistent disregard for Article 14 demonstrates how legal protections for personal security and human dignity are undermined by pervasive impunity, especially in the context of journalistic freedom (11).

Addressing this issue requires a nuanced approach. Political will is paramount; without it, reforms become hollow promises. A genuine commitment from the government is necessary to uphold constitutional protections, such as those in Article 14, for journalists facing threats or violence. Societal attitudes also play a role. In Pakistan, journalistic work often invites mixed reactions, with some viewing critical reporting as subversive or unpatriotic. This attitude reinforces the silence around violence against the press and stymies public pressure for accountability. Power dynamics, particularly the role of state and non-state actors, further complicate the situation. Intelligence agencies and powerful interest groups are often suspected of perpetuating attacks on journalists, but their influence shields them from thorough investigation. This interplay of power and impunity not only hinders justice but also discourages journalists from reporting on sensitive issues, further eroding the press’s role as a check on power. Breaking this cycle of impunity requires a multi-pronged approach. First, the government must establish a dedicated law enforcement unit tasked explicitly with investigating crimes against journalists. This unit should operate independently of existing agencies to reduce the risk of interference by those with vested interests. It should be staffed by personnel who understand the unique challenges journalists face and are equipped to conduct impartial, in-depth investigations. To ensure accountability and transparency, this body could be further strengthened by instituting oversight mechanisms to ensure the consistent application of the law.

In addition to institutional reforms, a cultural shift is essential to cultivate respect for press freedom within society. Public awareness campaigns and educational initiatives emphasizing the importance of a free press for democracy could help reshape societal attitudes. These efforts could gradually reduce the stigma surrounding investigative journalism, creating a safer environment for journalists. By addressing these interconnected factors, Pakistan could begin to dismantle the entrenched culture of impunity. This would foster a media landscape that strengthens democratic accountability, protects citizens’ rights, and ensures that journalists can work without fear.

Media Censorship and Self-Censorship:

Violence against journalists in Pakistan is compounded by increasing censorship, which effectively stifles freedom of expression. Although Article 19 of the Constitution of Pakistan guarantees freedom of speech, the reality reveals significant constraints. Journalists routinely face threats from both state and non-state actors, with military influence notably curtailing press freedom. Pressure to “toe the line,” conveyed through direct threats or covert signals, has fostered a pervasive culture of self-censorship within the media industry. Sensitive topics, including military operations, regional insurgencies, and human rights violations in Balochistan and Khyber Pakhtunkhwa, are often sidestepped to avoid reprisals. In Malik Shaukat Ali v Federation of Pakistan (2010), the court acknowledged the prevalence of intimidation and covert pressure from state agencies. This pressure has led journalists to self-censor in an attempt to protect themselves. This suppression has also extended into the digital realm. Authorities are increasingly controlling social media platforms and online news outlets, further curtailing press freedom. Journalists in digital media face an escalating risk of harassment, intimidation, and even physical violence. Targeted smear campaigns on social media add another challenge, undermining the credibility of journalists and discouraging critical reporting. In an already hazardous profession, this digital censorship further limits journalists’ ability to report freely. These factors combine to create a hostile environment for journalists, one that not only compromises their integrity but also deprives the public of accurate information. As a result, democratic accountability is weakened, and the public’s right to know is severely restricted.

Legal Framework and Gaps:

Pakistan’s legal framework offers minimal protection for journalists, undermining their ability to report freely and safely. Although Article 19 of the Constitution guarantees freedom of expression, laws such as the Pakistan Electronic Crimes Act (PECA) have been criticized for suppressing dissent (13). Journalists reporting on sensitive issues often face charges like defamation and sedition, with laws used more to stifle criticism than protect free speech. Moreover, Pakistan lacks specific legislation to address crimes against journalists. In 2014, the National Protection Act Bill was introduced to enhance journalist safety, but it was never enacted. Despite signing international agreements like the UN Plan of Action on the Safety of Journalists, Pakistan’s weak implementation has failed to provide meaningful safeguards for journalists’ rights. To address this crisis, a multifaceted approach is needed: strengthening legal protections, ensuring impartial investigations into attacks, and fostering accountability. Reforms should include laws that protect journalists from harassment and violence, aligned with international standards for press freedom. Countries like Germany and Canada offer successful models, with comprehensive frameworks that safeguard journalists. Additionally, integrating international human rights treaties like the ICCPR into Pakistan’s legal framework could strengthen protections for journalists. Aligning domestic laws with these global standards would enhance accountability and secure the safety of journalists. The absence of an independent investigation process and a judiciary influenced by powerful interests often allows perpetrators of violence against journalists to escape justice. Therefore, comprehensive reforms grounded in both national and international law are essential to transforming Pakistan’s press environment and ensuring journalists can operate safely.

Towards a Culture of Accountability.

Ending impunity for crimes against journalists in Pakistan requires a collective effort from the government, media organizations, and civil society. The government must demonstrate political will by establishing legal mechanisms, such as a dedicated unit to investigate attacks on journalists and witness protection programs. The judiciary must ensure swift justice to send a clear message that crimes against journalists will not be tolerated.

Media organizations should prioritize employee safety, offering security training and support. Civil society can amplify journalists’ voices, document violations, and engage in strategic litigation. Global organizations like the Committee to Protect Journalists and Reporters Without Borders have successfully mobilized international support for press freedom and can serve as models for Pakistan (14) . However, challenges such as government resistance, political instability, and societal attitudes towards dissent could hinder progress. Media organizations may face resource limitations, and civil society may encounter legal challenges. Ultimately, a safer journalistic environment in Pakistan depends on the commitment of all stakeholders to break the silence and foster a culture of accountability. By learning from successful global initiatives, Pakistan can create an environment where journalists can operate freely, contributing to a more informed public.

Challenges and the Way Forward:

Ending impunity for crimes against journalists in Pakistan requires systemic reforms. Key steps include:

(i) Strengthening Legal Protections: Introduce specific laws addressing crimes against journalists and reform existing laws like the Pakistan Electronic Crimes Act (PECA) to prevent misuse. Action plans with clear timelines will reinforce urgency and feasibility.

(ii) Independent Investigations: Establish an independent body to investigate journalist attacks, free from political or military influence. This body should be operational within a year to ensure thorough, transparent investigations.

(iii) International Pressure and Collaboration: International organizations like UNESCO and the Committee to Protect Journalists (CPJ) must continue applying pressure on Pakistan to act. Collaborating with global media can amplify Pakistani journalists’ voices (15)

(iv) Support Networks for Journalists: Establish support networks offering legal aid, counseling, and protection for journalists, particularly those in conflict zones. Guidelines and resources should be set up within six months.

Challenges such as political resistance and limited resources may arise, but the consequences of inaction—continued violence, further erosion of press freedom, and weakened democracy—highlight the need for immediate reforms. With diligent, collaborative efforts, these steps can create a safer environment for journalists and strengthen press freedom in Pakistan.

Conclusion. 

As Pakistan observes the International Day to End Impunity for Crimes Against Journalists, the reality is that journalists still face fear and violence, with little justice. Protecting journalists is essential for a free society where truth can be accessed. An independent media is vital for democracy, as it holds power accountable and uncovers uncomfortable truths. Ending impunity is the first step to allowing journalism to thrive without fear of retaliation. This responsibility lies not only with the government but also with the public and the international community. Citizens can support press freedom by standing with journalists, while the international community can apply diplomatic pressure for justice. Together, these efforts can create a future where journalists are celebrated for their role in democracy and human rights. The fight for press freedom is, ultimately, a fight for the rights of all citizens to access truthful information.

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