Press and Publications Ordinance, 1960

IN 1960, President Ayub Khan promulgated the Press and Publications Ordinance, 1960, covering 30 pages, which dealt with printing presses, newspapers, periodicals, books and other publications.

According to the ordinance, the government had been empowered to ask for security deposits from printing presses for publishing newspapers or books as well as for issuing objectionable material as defined by the ordinance.

Security deposits ranging from Rs500 to Rs10,000 could be demanded from printing presses. Appeals against such action would lie with a Special Bench of the High Court. The government had also been empowered to forfeit security deposits and, in certain cases, to prohibit the printing presses from publishing books or newspapers. Under the new rules, before obtaining a declaration, a publisher would have to show that he had the financial resources required for regularly publishing a newspaper.

Similarly, an editor was required to possess ‘reasonable educational qualifications’ or ‘adequate training or experience in journalism.’ A publisher proceeding abroad for more than three months was to name a person who was to take over his responsibility. The nominee was to give a written undertaking to that effect.

Foreign nationals were debarred from having any proprietary interest in any newspaper in Pakistan, except with the prior approval of the central government. ‘In any case, they would not be allowed to hold more than 25 per cent of the entire proprietary interests of any newspaper.’

The ordinance stated that after a security deposit had been demanded from a printing press, the deposit could be forfeited and even the printing establishment could be asked to stop publishing any book or newspaper if the matter contained therein tended to: ‘(a) contain reports of crimes of violence or sex, produced in a manner which was likely to excite unhealthy curiosity or urge imitation or which might incite interference in the administration of law or with the maintenance of law and order or which might encourage non-payment of taxes, including land revenue; (b) incite or encourage the commission of an offence of murder or any offence involving violence or amounted to an abetment of the same; (c) directly or indirectly condemn the creation of Pakistan or advocate the curtailment or the abolition of the sovereignty of Pakistan in respect of all or any of its territories; (d) bring into hatred or contempt the government established by law in Pak stan or any class or section of the citizens of Pakistan; and (e) create feelings of enmity between the people of the two wings of Pakistan.’

The relevant section of the ordinance also covered writings classed as indecent, obscene, scurrilous, defamatory or intended for blackmail and rumour-mongering, or information calculated to cause public alarm, frustration or despondency without reasonable grounds to believe the information to be correct.

Any writing which opposed recruitment to the armed forces or the police forces or which might undermine their discipline and administration would also render the publication liable to action under this section. Protection under the same section had also been given to the heads of princely states which had acceded to Pakistan.

The ordinance conferred powers on the government to seize or destroy unauthorised published news-sheets and to detain their packages and prohibit the transmission of packages by post.

Contravention of the provisions of the Press and Publications Ordinance would be punishable with fine not exceeding Rs2,000 and simple imprisonment not exceeding six months.

 During Ayub’s martial law, the Press and Publications Ordinance, 1960 seemed adequate enough to emasculate the press. But after lifting martial law, Ayub was faced with the challenge of mobilising ‘political support’ for his regime and needed a totally subdued press. Hence, the scope of press freedom was further curtailed.

This was done through the provincial ordinances known as the Press and Publications (West Pakistan Amendment) Ordinance, 1963, and the Press and Publications (East Pakistan Second Amendment) Ordinance, 1963.

Before the promulgation of the two ordinances, some quarters were debating the pros and cons of nationalising or shutting down the entire press. Instead, it was suggested to bring out two dailies each from metropolitan cities of East and West Pakistan, and an English, Bengali and Urdu language daily respectively. But in this madhouse, saner elements existed. They opposed the idea because of the fear of adverse publicity abroad. Hence, this crazy idea was dropped.