In a meeting with senior Pakistani officials the timing of Centcom commander General Zinni's arrival in Islamabad was raised. It was the height of the Kargil war. Earlier in the day there had been discussions in another government office about Zinni's arrival along with a U.S. State Department official.

The instinct however in the government circles was to keep Zinni's arrival under wraps. That information on the American general's trip would come from two other capitals directly involved, Washington and New Delhi, was being overlooked. It did not occur to these officials that whoever, Washington or New Delhi, first released the information, would give its own angle to the story.

These officials were used to deliberately hiding information or remaining indifferent to the public's right to know how the business of state is being conducted. Whether it involves issues of health education, art, commerce, foreign policy, electricity supply or defence purchases - all fall within the realm of public interest.

The media, print, electronic and cyber space are the eyes and ears for the people as well as for the government, establishing in their hearts and minds the "first truth" about local, national and international issues. The media today is, and can be, no one's ally.

It however makes itself available as a channel for the flow of information, which becomes the basis of perceptions and emotions, for all stake-holders in a society. The media is the front line of establishing the truth.

It should therefore above all be the need of a government which intends to function effectively and fulfill its responsibilities towards the people, to make information available to the media. This age of internet has actually created a single information society, where those with access to it have available to them information on virtually on any issue of their interest.

There may be questions about the deliberate holding back of information by an interested party, be it the state institution, political leaders, businessman, the United Nations or a falsely accused bureaucrat.

However there are two elements which prevent complete lies from dominating media space. One, that the fast spreading tentacles of the media ensure that all stake-holders of an issue contribute to its media discussion. Two, that the speed with which actions have their reactions, whether it is the design to legitimise a military ruler through a bogus referendum or to crush a people's movement for self determination through state terrorism.

It is in this environment of media freedom, acquired by the proliferating media and technological developments that the media today has become no less than a people's court. It prosecutes, it defends, it accuses, it monitors and it tries stake-holders of different issues. Often, ones who wield more power will be more "on trial".

There can be no rolling back of this fact, only the effort to conduct a more fair trial can be made. For this, all stake-holders have to take responsibility.

While citizens, the business community, professional groups, and national figures, who occupy public space need to understand this, it is the state and the government that need to remain alert and responsive to this fact.

It appears that the government and the State of Pakistan remains unaware of this reality. The controversial Freedom of Information Act, currently being contested by Pakistan's professionals media organisation, is a case in point.

Currently under this act within the broad undefined categories of defence and security of the state, the government is not obliged to allow information access to the media. In fact draconian laws including heavy fines, imprisonment, and cancellation of declarations could be applied if any discussion on issues that the government believes fall under the Official Secrets Act.

While there is practice of the state imposing some restraint on the media during emergencies, including war or mass scale communal killings, even in democratic countries it is used very sparingly and very transparently. The government here will have to retrace its steps and recognise the impossibility of retaining the notion of "holy cows".

Today there exist no "holy cows" in media discourse anywhere in the world. The United States establishment which believes in the omnipotence of its being and seeks total security through its stockpiles of the world's most lethal nuclear and conventional weapons, cannot prevent media discussion on the post 9/11 war on Afghanistan, its pro-Israeli policy. It couldn't keep the lid on President Nixon's Watergate scandal and on Clinton's Monica Lewinsky affair.

The second major issue emanating from the controversial Freedom of Information Act deals with sources of information used by the media. For example minutes of the meeting, the notes on a meeting or interim decisions taken on an issue, cannot be used by the media.

The logic of this position taken by the Musharraf government is a secondary issue. Can it be imposed?

Doubtful. The imposition of heavy penalties under clause 499 of the Pakistan Penal Code which deals with the libel law is to serve as a deterrent for the media using these forbidden sources.

Clearly once these sources are acquired the print electronic or cyber space media at home and abroad will use them. The government's own state apparatus and the virtual freedom of functioning available to most cyber space media will prevent the government from taking any action against those who have use this "forbidden information".

The policing function of the state in the information realm is no longer possible. The state must appreciate the reality that the question of freedom of media actually puts the wisdom of the state and those who run it, to a test. Will the state bury its head in the sand and not realise that in this world of internet, of proliferating newspapers and TV channels that it needs to be a partner and not an opponent to media freedom?

Today in Pakistan the government has limited control over the media, especially the print media. There has been a rapid expansion of the print media in Pakistan. Their quality and circulation may greatly vary. Today there are 317 dailies, 217 weeklies, 25 fortnightlies and 165 monthlies published in Urdu, English and the provincial language. Five new independent television channels are now operating. The advertising weapon is not easy to use.

Of the PRs6 billion-plus annual advertisement outlay only 50 crore is controlled by the governments press information department. Even of this amount approximately PRs2.5 billion is given to government controlled PTV.

Also the government can no longer in a blatant way stop advertisement revenue to papers taking an anti-government editorial position. The private sector, as a source of advertisements to the print and electronic media, does help sustain independent journalism.

In struggling for its freedom, Pakistan's independent media has never looked back since it resisted the country's martial laws and subsequently the dictatorial proclivities of democratically elected rulers.

In September 1988 the media won its first major victory in rolling back Acts and ordinances stifling media freedom. The interim government of President Ghulam Ishaq Khan abolished the Press and Publications Ordinance of the Sixties.

The RPPO supported by the media community was promulgated. The successive governments of Benazir Bhutto and Nawaz Sharif did not want to bring in this ordinance which granted greater media freedom as law. After the lapsing of the three month Ordinance the question of whether the government would revert to handling the media under the repealed and controversial PPO was raised. It remains an unresolved issue since its successor legislation has not come into existence.

During the Musharraf press-government discussions on the voluntary Code of Ethics drafted by the CPNE, the Press Council Act and the Defamation Ordinance have taken place. All these issues will go to the parliament including the most controversial Freedom of Information Act.

Now the onus of ensuring that the state responds logically to the issues raised by the press will be on the parliament and the senate. The question of freedom of the press has to be dealt with in a confident manner in the contemporary context, and not with the often paranoid and regimented mind-set which believes that information control can promote national security.

In this knowledge society on the one hand and the transitional and chaotic state of human existence, the primary battle of our times is the battle of ideas. That has to be won through the logical, truthful and compassionate approach of the exercise of state power in which the handling of information in public space is one critical component.

This perspective is by Nasim Zehra, an analyst on Pakistani affairs based in Islamabad. The writer can be contacted at nzehra@gulfnews.com

Gulf News 2003