Protecting Journalists and Media Workers in International Labor Law Framework:A Critical Appraisal of Pakistan’s Compliance and Challenges

Authors

  • Dr. Abdur Rauf Khatana Assistant Professor of Law, International Islamic University Islamabad

Keywords:

Media Workers , Right to Association, Technology Based Workers, Labour Law, ILO

Abstract

The media landscape in Pakistan has undergone exponential transformation since the turn of the millennium, witnessing a massive expansion in human resources, particularly following the deregulation of electronic media licensing in 2002. While the number of working journalists and media workers surged from approximately 28,000 in 2002 to an estimated 250,000 by 2018, the legal framework governing their employment remains archaic and fragmented. The primary legislation, the Newspapers Employees (Conditions of Service) Act (NECOSA), 1973, is narrowly tailored only to print media employees, creating a massive regulatory vacuum for workers in the expansive electronic and burgeoning digital/internet-based media sectors. This article critically appraises Pakistan's domestic legal architecture, its compliance with fundamental international Labour related obligations (specifically ILO Conventions 87 and 98), and highlights the systemic shortcomings related to the precarious state of rights for the gig workers, lack of gender inclusivity, and compromised implementation mechanisms. Through a detailed analysis of NECOSA's structural flaws, the judicial interpretation of 'workman,' and a study of comparative regional and international best practices, the article concludes by urging immediate, comprehensive legislative reform to establish a holistic, sector-wide labour protection framework for all media workers, thereby upholding the guarantees of fundamental rights enshrined in the Constitution. The continued failure to update this framework institutionalizes labour apartheid in a sector vital to democratic discourse.

References

Abdul Rahman Baloch v. Daily Business Recorder (PLC 344) [6] The 8th Wage Board Award (26th December 2019).

Authority under Payment of Wages Act 2011.

Constitution of Islamic Republic of Pakistan, 1973.

Daily Mashriq v. Nafees Ahmad (1992 PLC 314).

Darshan Masih v. The State (1990 PLD 513 Supreme Court).

European Union, Directive 1152/2019.

ILO Conventions [87] and [98].

Institute for Research Advocacy and Development Report (2023).

Italian Legislative Decree No. 104/2022.

Newspapers Employees (Conditions of Service) Act (NECOSA), 1973.

Rahil Azizi v. the State and Others (WP 1666 of 2023, Islamabad High Court); Sadaf Aziz v. Federation of Pakistan and Others (2021 PCrLJ 205, Lahore High Court).

The Industrial and Commercial Employment (S.O.) Ordinance 1968.

The Rajasthan Platform Based Gig Workers (Registration and Welfare) Bill, 2023.

Zia Shahid and Others versus Authority under Payment of Wages Act etc. (2011 PLC 300).

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Published

31.12.2023

How to Cite

Protecting Journalists and Media Workers in International Labor Law Framework:A Critical Appraisal of Pakistan’s Compliance and Challenges. (2023). PAKISTAN JOURNAL OF LAW, ANALYSIS AND WISDOM, 2(03), 389-395. https://pjlaw.com.pk/index.php/Journal/article/view/588

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