On April 24, Islamabad-based journalist Fakhar-ur-Rehman was arrested on the basis of a criminal complaint regarding posts shared on social media. Pakistan Press Foundation (PPF) is concerned by the information presented in court that Rehman’s mobile phone had been taken into custody. This is in violation of the Protection of Journalists and Media Professionals Act, 2021, which guarantees the privacy of journalists’ work and sources.
A First Information Report (FIR) dated April 20 by NCCIA Sub-Inspector Shehroz Rana on behalf of the state, accused nine individuals of knowingly disseminating/propagating, on their social media accounts, “fake, false, misleading, and misinterpreted information leading to hatred against the government functionaries.”
The case was registered under Sections 20 and 26-A of the Pakistan Electronic Crimes Act (PECA).
Amongst the named persons was Rehman and other media professionals such as Moeed Pirzada and Sabir Shakir. The criminal complaint also shared links to the X posts in question, which are no longer accessible.
In a post on X, Pakistan Federal Union of Journalists (PFUJ) President Afzal Butt said that Rehman had told him that he had received a notice from the NCCIA on April 16, but by the time he received it, the time for the appearance had passed, therefore he was unable to appear before the agency. The second time he was summoned, Rehman shared that due to alternate routes in Islamabad, he was unable to appear. According to Butt, Rehman said that he had deleted the posts on X and apologized for them, yet his house was raided, and he was arrested.
On April 25, the NCCIA had sought physical remand of Rehman as they stated that Rehman had admitted to owning the social media post but had not provided the password to his mobile phone, and further examination of the phone was required. The district magistrate’s court had rejected the request for physical remand and sent Rehman to Adiala Jail on judicial remand.
Under the Protection of Journalists and Media Professionals Act, 2021, each journalist is guaranteed a right to privacy.
In clear words, the law states:
“The Government shall ensure that no person, officer, agency or institution unlawfully or arbitrarily interferes with the right to privacy of any journalist, reporter or media professional and his/her home, correspondence (including electronic correspondence) and family.
The Government shall ensure that no journalist, reporter or media professional is forced, induced, compelled, coerced or threatened for the disclosure of his/her sources of information by any person, officer, agency, authority or institution, save without due process of the law.
The Government shall make efforts to safeguard the confidentiality of sources of journalists or media professionals.”
The Press Association of the Supreme Court issued a statement condemning Rehman’s arrest, also a member of the association, and called for his immediate release.
The President of the Punjab Union of Journalists, Mian Shahid Nadeem, speaking to PPF, strongly condemned the arrest and detention of Rehman, calling it a blatant attack on free speech.
PFUJ (Barna Group) President Rana Azeem told PPF that journalists would not tolerate any action against press freedom in Pakistan. He stated that at times it becomes necessary to raise one’s voice on social media, speak the truth, and expose injustice. If such restrictions continue, the journalist community will not remain silent.
