ISLAMABAD, Oct 28: The president on Saturday issued Press Council of Pakistan Ordinance 2002, providing the establishment of a 19-member Council with the mandate to implement 17-point “Ethical Code of Practice” for the press.

The Council has been empowered to recommend to the “competent” authority to cancel or suspend the declaration of any newspaper, news agency which had violated the directives of the commission or Council.

The chairman would be appointed by the President of Pakistan, in his discretion, from amongst retired judges of the Supreme Court or a person qualified to be a judge of the Supreme Court and other members would be nominated as follow: Four members by the APNS, four members by the CPNE; four members by the professional bodies of journalists; vice-chairman Pakistan Bar Council; chairperson or nominee of the higher education commission; one member by the leader of the house in the National Assembly; one member by the leader of the opposition in the National Assembly; one mass media educationist to be nominated by the Council; one women member to be nominated by the National Commission on the Status of Women in Pakistan.

The law, however, specifically provided none of the organizations, APNS, and CPNE should nominate any member from its office-holders, nor any member of the Press Council should contest an office of the organization.

The Council would make decisions through a majority vote. In case of a tie, the chairman would have a casting vote.

The members of the Council, excluding the chairman, would not be entitled to any salary and shall function in honorary capacity, except out of pocket expenses as may be prescribed.

The Council’s functions would include preserving the freedom of the press, maintain highest professional and ethical standards of newspapers and news agencies with a view to making them more responsive to the issues and concerns of the society in Pakistan, help newspapers and news agencies to maintain their independence, and to keep under review any development likely to restrict the dissemination of news of public interest and importance.

The Council is also authorized to revise, update, enforce and implement the Ethical Code of Practice for the newspapers, news agencies, editors, journalists and publishers as laid down in the schedule to this ordinance.

The following is the “Ethical Code of Practice” for the newspaper industry and journalists. (1) The press shall strive to uphold standards of morality and must avoid plagiarism and publication of slanderous and libelous material. (2) The press shall strive to publish and disclose all essential and relevant facts and ensure that the information it disseminates is fair and accurate. (3) The press shall avoid biased reporting or publication of unverified material, and avoid the expression of comments and conjecture as established fact. Generalization based on the behaviour of an individual or a small number of individuals will be termed unethical. (4) The press shall respect the privacy of individuals and shall do nothing which tantamounts to an intrusion into private, family life and home. (5) Rumours and unconfirmed reports shall be avoided and if at all published shall be identified as such. (6) The information, including picture, disseminated shall be true and accurate. (7) The press shall avoid originating, printing, publishing and disseminating any material, which encourages or incites discrimination or hatred on grounds of race, religion, caste, sect, nationality, ethnicity, gender, disability, illness, or age, of an individual or group. (8) The press shall not lend itself to the projection of crime as heroic and the criminals as heroes. (9) The press shall avoid printing, publishing or disseminating any material, which may bring into contempt Pakistan or its people or tends to undermine its sovereignty or integrity as an independent country. (10) The press shall not publish or disseminate any material or expression, which is violative of Article 19 of the Constitution of the Islamic Republic of Pakistan. (11) The press shall rectify promptly any harmful inaccuracies, ensure that corrections and apologies receive due prominence and afford the right of reply to persons criticized or commented upon when the issue is of sufficient importance. (12) While reporting on medical issues, care must be taken to avoid sensationalism, which could arouse baseless fears or false hopes in the readers. Early research findings should not be presented as though they were conclusive or almost conclusive. (13) Sensationalism of violence and brutalities shall be avoided. All reporting shall be accurate, particularly when court proceedings are covered and an accused person must not be presented as guilty before judgment has been pronounced. (14) In the cases of sexual offences and heinous crimes against children, juveniles and women, names and identifying photographs shall not be published. (15) Confidentiality agreed upon at briefings and background interviews must be observed. (16) The press while publishing findings of opinion polls and surveys shall indicate the number of people, geographical area on which the polls and surveys were conducted, and the identity of the poll-sponsor. (17) Any kind of privilege or inducement, financial or otherwise, which is likely to create conflict of interest and any inducement offered to influence the performance of professional duties and is not compatible with the concept of a reputable, independent and responsible press, must be avoided.

The Council is empowered to constitute as many inquiry commissions as may be necessary for the purpose of deciding complaints.

The inquiry commission should consist of three members to be appointed by the Council, consisting of the following, one retired high court judge or a person qualified to be the judge of the high court a chairman; one nominated by APNS and one nominated by the CPNE.

According to the procedure, no complaints shall be entertained by the Council unless the complainant has first given a notice to the concerned editor or publisher within 15 days of the publication of the matter complained against for appropriate relief.

The concerned editor or publisher should take appropriate action on the notice within 15 days of the receipt of notice.

The complainant, if not satisfied with the relief or response received from the concerned editor or publisher or if no relief or response is given by the editor or publisher, the complainant might, within 15 days of the expiry of the period specified in sub-section (2), file a complaint before the Council, with the evidence in support of the complaint and the response, if any revived from the editor or publisher of the newspaper or news agency in question.

The complainant should state in the complaint as to how the publication of the matter complained against is objectionable and in violation of the Ethical Code of Practice.

The complainant, if, an individual would be required to deposit a fee of Rs1,000, and in case of an institution, a fee of Rs5,000 by way of a bank draft in the name of “Press Council of Pakistan”.

If the complaint was found to be in order, the registrar, with the approval of the Council should send the complaint to the concerned commission for inquiry and decision.

In case, where a complaint is related to the non-publication, then state as to how the non-publication of the material violated the Ethical Code of Practice.

The commission would fix a date for the hearing of the case by giving notice to the complainant and the respondent.

An aggrieved party would be free to file an appeal to the Council within 30 days from the decision of the commission.

The appeal against the decision of the commission would be heard by a committee of five members of the Council constituted by the Council.

It provides that no member should be appointed either the member of the commission or member of a committee constituted for the hearing of appeal who was directly or indirectly related to the parties or is interested in them.

The head office of the Council would be at Islamabad. The sub-offices of the Council, might be established one in each provincial capital. The federal government would arrange buildings and other facilities to establish the head office, the four provincial sub-offices and any other such offices as may be required by the Council and the commission.