The Myth of Media Freedom

The drastic changes in the PEMRA Ordinance designed to muzzle the electronic
media were decried and banned TV channels aired their popular shows on the
roadside in defance of the repressive measures of the regime !ntellectuals"
law#ers" activists and members of a so$called civil societ# vehementl# supported
the freedom of the media" the right to information and the centralit# of free speech
for a functioning democrac# to ta%e root !t goes to the credit of the vibrant print
and electronic media in Pa%istan that it highlighted the law#ers& movement against
dictatorship and incessantl# underscored the importance of the rule of law
'espite these developments" there is a need to interrogate the notions of (free
speech) and (independence of the media) which have been formulated in the
conte*t of liberal democrac# +iberal democracies support all %inds of individual
freedoms" liberties and rights as these are the basic ingredients of a health#
democrac# Parado*icall#" there is a danger to libert# and freedom itself when no
limits or boundaries are placed upon freedom ,nbridled freedom can easil# turn
into its opposite and function as a bra%e on the freedom of others- hence the old
ma*im that (#our freedom ends where m# nose begins) The most obvious e*ample
of free speech den#ing the rights of people is (hate speech) . whether b# religious
or secular zealots$designed to incite violence against a particular religious" ethnic or
regional group
As most often proclaimed" the freedom of speech is the (freedom to spea% freel#
without censorship or limitation The s#non#mous term freedom of e*pression is
sometimes used to denote not onl# freedom of verbal speech but an# act of
see%ing" receiving and imparting information or ideas" regardless of the medium
used /reedom of speech and freedom of e*pression are closel# related to" #et
distinct from" the concepts of freedom of conscience and freedom of thought) Such
freedoms are deemed necessary forthe promotion and protection of
democracies since free press and media are considered to be the
watchdogs that keep governments in line. The right to freedom of speech is
recognized as a human right under Articles 01 of the ,niversal 'eclaration of
2uman Rights 3,'2R4
!t is a*iomatic to sa# that the freedom of speech is not absolute !n fact no right or
libert# can ever be absolute for then it often tends to turn into its own negation
5ontradictions and con6icts within the libert# and rights discourse arise from man#
sources 7ocieties and legal s#stems generall# recognize the limits of free speech"
particularl# when this freedom con6icts with competing values All rights" speech
and e*pression being no e*ception$e*ist in a conte*t of competing values$and legal
s#stems devise wa#s of balancing values and rights against one another !t goes
without sa#ing that the rights and freedoms of those who are powerful and
dominant tend to prevail over the freedoms of those with less power and resources
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+iberal philosopher li%e 8ohn 7tuart Mill 9on +ibert#& enunciated 9harm principle& as
one of the limitations of free speech Mill argued that (there ought to e*ist the
fullest libert# of professing and discussing" as a matter of ethical conviction" an#
doctrine" however immoral it ma# be considered) 2e e*plained that (the fullest
libert# of e*pression is re:uired to push arguments to their logical limits" rather than
the limits of social embarrassment& Mill proposed the following limitation of free
e*pression;
(The onl# purpose for which power can be rightfull# e*ercised over an# member of
a civilized communit#" against his will" is to prevent harm to others)
A second form of limitation on free speech" the (o<ense principle) has been
proposed b# 8oel /einberg /einberg asserts that Mill&s (harm principle) is
insu=cient in providing protection against wrongful behavior as it sets the bar too
high and fails to ta%e into account serious o<ense that does not amount to actual
harm or in>ur# 2e believes that some forms of e*pression can be legitimatel#
prohibited b# law as the# are too o<ensive to one or several groups in a societ#
2owever" as o<ending someone is less serious than actual in>ur# or harm" the
penalties should be lesser than those for causing harm
+iberal democratic philosophies have m#riad approaches to the comple* issue of
the freedom of speech" particularl# in terms of balancing it with competing values
The burden of demonstrating the necessit# of limitation has been placed on the
state as it is recognized that restrictions should be the e*ception rather than the
rule The debate between free speech versus hate speech has ta%en on critical
dimensions in the wa%e of the post$1?00 world enmeshed in the nightmarish (war on
terror) and epoch$ma%ing con6icts between nations" religions and civilizations
According to Marc Perelman" the @ush administration is see%ing to defend the /irst
Amendment and freedom of speech against apparent attempts b# Muslims to sti6e
this freedom through the ,A 2e writes;
(The @ush administration" European governments and advocates of freedom of
speech are ramping up e<orts to counter what the# see as a camBpaign b# Muslim
countries to suppress speech abut religion" especiall# !slam There is mounting
concern in Cestern countries that Muslim regimes are using a series of high$profle
incidents" most notabl# the outrage provo%ed b# the newspaper publication of
caricatures of the Prophet Muhammad 37ACC4 in 'enmar%" to sti6e free speech and
divert attention from their own repression of religious freedom at home)
2owever" Muslims do not seem to be the onl# ones opposed to o<ensive speech
acts- there were mass protests b# orthodo* 5hristians against the showing of The
Last Temptation of Christ" a flm b# Martin 7corcese that poignantl# depicted the
con6ict between the humanit# and divinit# of 8esus 5hrist 7imilarl#" in !ndia there
were protests when and !ndian actress appeared nude in the flm 7iddhartha as it
was perceived as being alien to 2indu values There have also been protests in !ndia
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against flms li%e Water which depicted the su<ering of windows in !ndia The
balance between religious sensibilities and the right to free speech is not an eas#
one to maintain because the issue gets tied up with :uestions of power and
ine:ualit# A#esha Dhan attempts to highlight the interface between religious
pre>udice" power and ine:ualit# the e*plosive conte*t of current geo$politics;
(Ch# must the Cestern world ma%e cartoons of our ProphetE Ch# must @ritain
%night 7alman Rushdie" when he has brazenl# o<ended the sentiments of so man#
MuslimsE Ch# must 7herr# 8ones write a derogator# novel about the Prophet&s wifeE
This is not about free speech" but about hate speech A large part of the eastern
world" including countries li%e Pa%istan" !ndia and Thailand" ta%es religion ver#
seriousl# Fet onl# !slam is singled out for >est Aot 2induism- not @uddhism- no
other religion Ch#E !s it because the Cest li%es to see the reaction and then moc%
itE Or is it because the reaction helps it form the t#pe of image of !slam it needs to
>ustif# its own gruesome actions against this hatred and lunac#E After all" what
better wa# to deal with such hate$mongers than to eradicate them altogether and
invade their countries one after the otherE)
Apart from the @ush administration&s e<orts" a new)coalition to defend free speech)
was launched on G October GBBH in Cashington Ma>or free speech advocac# groups
and leading human rights groups inclined towards a liberal philosoph#" such as the
American 5ivil +iberties ,nion and 2uman Rights Catch" have declined to >oin the
coalition
Chile a serious and intellectual criti:ue of an# religion is an academic e*ercise of
great value" for it allows the religion to grow and develop through debate and even
discard some of its unacceptable practices or beliefs" it is hardl# >ustifable to
ridicule and ma%e fun of a minorit# religion b# a powerful ma>orit# !t seems that
when the sentiments of be defended at all costs Aonetheless" in the case of the
sentiments of another communit#" the freedom of religion and respecting minorit#
sentiments becomes the paramount concern Chen the two rights" freedom of
speech and freedom of religion?minorit# rights" come into a con6ict" the resolution is
almost alwa#s in favor of those who are powerful 'ouble standards" arising from an
inconsistent application of norms and values" lead to the legitimized scapegoating
of the followers of a particular religion or ideolog#
The current discourse on the independence of the media in Pa%istan appears to
have been mainl# drawn from liberal philosoph# !t decries an# shac%les on the
media placed b# the state and upholds the freedom to conduct criticism of the
policies and actions of the government" leaders and their actors This discourse is
based on the notion that freedom consists in the absence of restrictions from
e*ternal sources$ the state" societ#" powerful groups or individuals !n this sense it
seems to be a fairl# limited notion that freedom since it refers onl# to limits placed
b# outside power in some punitive form
/reedom from government restrictions or draconian press laws does not guarantee
freedom form religious pre>udice" patriarchal bias or ethnic narrow$mindedness The
dominant discourse on media freedom seems to impl# that the media" be the# print
or electronic" operate in a socio$historical vacuum This misperception creates the
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impression that some %ind of absolute freedom can be attained b# media persons
as though the# have a neutral and impartial space from where the# can view
ever#thing in a detached wa# !t is a self$evident fact that no person is located in
neutral space$we all live in structured societies divided along the man# horizontal
and vertical a*es of class" caste" gender" patriarch#" ethnicit#" religion or sect being
di<erentiall# positioned in relation to the 7tate and centers of power" some people
have access to more resources" power and in6uence than others The structures of
patriarch#" feudalism" tribalism and capitalism" in their specifc cultural and other
forms" surround our dail# e*istence and no person is immune to their in6uences
seductions or repulsions
Ce are enslaved b# our own version of the world we live in and our actions are
determined b# how we perceive this universe There can" therefore" be no such
thing as a totall# (free) or (impartial) media the best that one can hope for is a
media aspiring to the best standards and rigors of >ournalism that are possible in
the face of human limitations
5orporate media the world over are e*tremel# powerful in coining ?fabricating and
propagating (the truth) 5hoosing to depict one thing at the sta%e of concealing
another" framing out one fact to highlighting another" the electronic media in
particular construct the world in which people live Chat is left unsaid and unspo%en
is as much a part of the (truth) that the media create as what is shown and spo%en
7ilencing some aspects of realit#" over$emphasizing others" the media frame realit#
for us and ma%e us see what the# what us to see and hear what the# want us to
hear- the# deafen us against what we are not allowed to hear and saturate our
world with what the# aim to stress
Relating !ra: war as well as the so$called (war on terror) !f one onl# watched /o*
news" 5AA and other ,7 channels one would easil# reach the following conclusions;
the ,7 is a great and moral empire- Muslims and some others are a ma>or evil out
there- these evil people are see%ing to destro# the good gu#s- !ra: has weapons of
mass destruction and deep lin%s with Al Iaeda and was involved in the 1?00
attac%s- however" the great and brave ,7 soldiers will defend and protect the
countr# that is spreading democrac# and freedom in the 3un4free and shac%led
world Obviousl#" those who watched other channels" such as Al$8azeera" ma# have
developed a di<erent view of the world 2owever" the power of the media in
creating and disseminating specifc ideologies is immense in this age of 7atellite TV"
!nternet" cell phones" 7M7" digital cameras" cinema and advanced print technolog#
The !ndian and global media ran a marathon of JG hours on the Mumbai terror
attac%s in Aovember GBBH /or a while there was no other realit# Cithout an#
confrmed information about who was behind the attac%s" media anchors were
calling for blood and for parts of Pa%istan to be carpet$bombed
One of the biggest m#ths of the modern times is that corporate global media are
independent +ocated in the heartof capitalism and militar# might" the giants of
international media appear to be handmaidens of the global corporate war machine
and terror The ,7 reporting of the recent stri%es b# ,7 drones and soldiers on
Pa%istan territor#" as anal#zed b# Anthon# 'iMaggio;
(American media coverage" conversel#" is driven b# a warmongering that&s
remar%able indi<erent to the dangers involved in escalating the con6ict ,7 attac%s
on Pa%istan inevitable carr# the ris% of further inciting Pa%istani anger against the
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,7 7uch anger ta%es on a renewed urgenc# in light of widespread political and
militar# instabilit#" and the recent emboldening of anti$governmental !slamic
forces)
!t ma# not be a correct assumption that the powerful pla#ers in global media are
unaware of the devastating conse:uences of their actions or of the human rights
implications of such war$mongering !t ma# be closer to the truth to thin% that there
is an almost deliberate attempt to demonize the (other; with the ob>ective of
strengthening the American war machine which is deepl# li%ed with the
globalcorporate world in a relationship of mutual beneft The e*amples of speech
and silence" omissionand commission b# leading ,7 newspapers underscore the
importance of limits on (free) speech There seems to be a thin line that
divides)free& speech from (hate) speech in a global conte*t
5oncerns about unethical practices that threaten >ournalism have been raised b#
8ose Torres in thoughtful report on the media as;(Amid developments li%e . racial"
religious" cultural and political con6icts that most of the time lead to shooting wars .
are the media" which most of the time are used b# partisan interest to deceive" sow
falsehood and speculation" and provo%e misunderstanding" hatred and violence !t
should not be the norm for >ournalism and the media whose basic tenets are
accurac# and fairness" to aid the spread of lies and deception ,nfortunatel#"
technological advances in the deliver# of news" the growing commercial interests of
media organizations and the drive tor dominate b# institutions and states- have
contributed to the erosion of the tradition of truth$telling in the media
(KThe media isL the handmaiden of power" without which it is inconceivable !t is an
instrument to assist in the attainment" preservation or continuance of somebod#&s
power" whether e*ercised b# an individual" an institution or a state !t is the
e*tension of ph#sical power into the realm of the id and the spirit)
The advertising industr# has long been %nown to use women&s bodies as
commodities to sell an#thing form soap to motorbi%es" from cigarettes to tractors
The ps#chological assumption that goes with this commodifcation is that the a<ect
and passion felt naturall# for a female bod# would automaticall# transfer to the
commodit# to be sold thus ma%ing it more attractive for men to bu# Mone#"
commerce and the commodifcation of all social relations have led to women being
deplo#ed as weapons in the war for mar%ets
'oes the independence of the media mean that hate speech leading to murder
should be allowedE 'oes the freedom of speech override the right to lifeE Chich
right or freedom has greater value; life or speechE The media have screamed
hoarse about their right to freedom and has receive the support of law#ers and civil
societ# in their :uest 2owever" the responsibilit# that comes with an# version of
(freedom) is not evident /reedom cannot mean the right to do an#thing
irrespective of conse:uences This brings us bac% to the issue of the ethics of
>ournalism and the norms of >ustice and moralit# that must underpin an# form of
freedom Aiden Chite" the !/8&s secretar# general sa#s;(The manipulation of public
opinion b# media$savv# e*tremists and the poisoning of public discourse happen
because individuals and groups that e*press themselves freel# do not aim at truth
Chen >ournalism is inaccurate" when it marginalizes important issues or denies
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access to di<erent voice and when it is manipulated to serve narrow interest" it
damages democrac# !t cannot be right that with the supposed e*pansion o<ree
e*pression" the :ualit# of information delivered b# the media should be declining
8ournalists must start standing up for principles to circulate the worries" fears and
in:uires of people who have no institutional voice) Chite urges >ournalists to
(ennoble their audiences) using the media&s power (to educate" enlighten and to
unite perceptions in order to satiate noble causes
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