The presumption of innocence is the principle that a person is innocent until proven guilty. This golden thread ensures a suspect has the right to a fair trial. Thus the recent decision of the government to ban the coverage of absconders and convicts is problematic.
Prime Minister Imran Khan seems to be displeased that many political opponents facing charges of embezzlement and corruption are using the power of media to prove their innocence. During a federal cabinet meeting, the law minister was directed to draft legislation and hold consultations with PEMRA to implement these curbs.
The premier’s aide on information, Firdous Awan, has said that convicts and absconders who looted public money are glorified in the media as they frequently come on TV and criticise the government and its policies. It is clear that she was referring to former prime minister Nawaz Sharif, his sons Hussain and Hassan who are absconders, or possibly former finance minister Ishaq Dar who has been declared a fugitive.
The new law would certainly target members of the opposition. Many of them are facing corruption cases and investigations, notably former prime minister Shahid Khaqan Abbasi, Shehbaz Sharif, his son Hamza Shehbaz, former railways minister Khawaja Saad Rafique, PPP’s Khursheed Shah, Agha Siraj Durrani and several others. None have yet been proven guilty in a court of law and a blanket ban on coverage would be a step in the wrong direction.
Media reporting on criminal cases frequently violates the presumption of innocence as suspects are commonly presented as though they are guilty, particularly through attention-grabbing headlines and reporting is often biased against them. It is also common to parade suspects before the media at the time of their arrest of during court appearances which has impact their trial.
The government should adopt robust rules on how convicts and absconders are presented in courts. Many politicians are still making a grand escorted appearance just to receive a remand extension. They should be restraints on those under trail they are transported to and from courts. The government can limit press interactions but a complete ban would be counter-productive.
Journalist should be trained to understand the impact of their reporting. The coverage should not be to glorify them or gain sympathies but rather to report the facts about the case. The Human Rights Commission of Pakistan has termed the ban inherently biased and warned that it may return to haunt the government. The government must realise that no democracy can function without an independent media and political vengeance cannot be part of public policy.
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