RECORDER REPORT

ISLAMABAD: Islamabad High Court has been urged to issue directives to concerned authorities to create awareness among public at large about consequences of disclosure of identity of rape victims.

Making secretaries of Federal Ministries of Information and Interior, chairman PEMRA, chairman PTA and chief secretaries of all the four provinces as respondents, two petitioners Sharafat Ali Chaudhry and Umer Sajjad Advocates filed the plea under Article 199 of the Constitution.

Recent heinous crime against a minor girl in Kasur who was abducted and raped has provided grounds to petitioners who urged the IHC for directives to make sure that disclosure of identity of a victim is not only violation of Electronic Media (Programs and Advertisements) Code of Conduct, 2015 but is also a criminal offence.

One of the petitioners, who had also contributed in drafting Criminal Law (amendment) Offences Relating to Rape Act, 2016, Sharafat Ali said if identity of a victim of rape is disclosed without permission of the victim, parents, officer in-charge of the police station or investigation officer or order of the court in writing, the act shall be liable for punishment up to three years imprisonment and fine under Section 376 A of Pakistan Penal Code.

Citing Section 8 of the Electronic Media Code of Conduct, 2015 the petitioners submitted that under the Section the licensee (TV channels) shall ensure that extreme caution shall be exercised in handling themes, plots or scenes that depict sex offence and violence, including rape and other sexual assaults.

They pointed out subsection (6) of the Section 8 provides that identity of any victim of rape, sexual abuse, terrorism or kidnapping or such victim’s family shall not be revealed without prior permission of the victim or victim’s guardian where victim is a minor.

The petitioners submitted that though professional and sensitive media coverage of case of victims can be helpful and in some cases, even healing, if it is done with insensitive, voyeuristic, and uncaring manner then it can cause multiple sufferings for the victim and her family resulting in irreparable emotional and psychological loss.

The court has been requested that Ministry of Information, PEMRA and PTA may be directed to take measures against those newspapers, TV channels and social media users who violate the law in addition to making sure that print and electronic media will not disclose identity of victim of rape, except as provided under law. The petitioners prayed that respondents be directed to create awareness among the masses regarding laws on the subject in order to provide protection to the victims because such publications amount secondary victimization of rape victims.