MQM founder loses case to Geo in UK

LONDON: Britain’s television media regulator Ofcom turned down a legal complaint lodged by the Muttahida Qaumi Movement (MQM) founder Altaf Hussain of unjust and unfair treatment with reference to a show ‘Jirga with Saleem Safi’ aired in April 2017 in the United Kingdom on Geo News.

During the show, it was alleged by a guest that Altaf Hussain was an “asset” of the British government. Mr Hussain objected to the comment and took his case through his lawyer to the media regulator demanding action against Geo News in UK’s territory. Ofcom considered that, given the context of the programme, the comments relating to Mr Hussain being an “asset of Britain” would not have materially or adversely altered viewers’ perceptions of him in a way that was unfair.

In these circumstances, Ofcom found that material facts were not presented, omitted or disregarded in a way that resulted in unjust or unfair treatment to Mr Hussain in the programme as broadcast.

The Ofcom said in its decision that given the particular context, the statements being made in the programme did not amount to significant allegations being made against Mr Hussain, such that he should have been given an opportunity to respond.

Therefore, in the particular circumstances of this case, and taking account of all the relevant contextual factors, Ofcom ruled that Mr Hussain was not treated unjustly or unfairly in the programme as broadcast.

Altaf Hussain’s legal team had complained that Mr Hussain was treated unjustly or unfairly in the programme as broadcast because Mr Hussain was accused of being a British “asset” who worked for the UK authorities and received “assistance for acts the UK government want him to do”.

Hussain’s legal team said that the programme implied that Mr Hussain was a “traitor of Pakistan” and added that the allegations were malicious and had placed Mr Hussain in a “detrimental position”. The legal team alleged that the programme was part of a “campaign of abuse and defamation” mounted by Geo TV against Mr Hussain which involved dozens of news filed from London by Geo’s reporting team and many talk shows on the channel.

Ofcom’s preliminary view upheld Mr Hussain’s complaint and said that Geo’s “asset” assertion amounted to significant allegations which, in the way they were presented, had the clear potential to materially and adversely affect viewers’ opinions of him unfairly. It considered that the broadcaster was obliged to provide Mr Hussain with a timely and appropriate opportunity to respond to the significant allegations and its failure to do so was unfair to Mr Hussain.

Geo TV Network appealed against the Ofcom decision and opted for the adjudication. In response, Geo TV Network’s legal team provided background and contextual information, which it described as “examples of a considerable number of very serious allegations against Mr Hussain and/or the MQM”. It listed a series of Pakistani and British newspaper articles from 2010, 2013, 2016 and 2017, and referred to an item about Mr Hussain in a 2012 edition of the BBC’s Newsnight programme, which it said, “clearly demonstrates that despite many serious criminal allegations (including being arrested for money laundering) and alleged incitement of violence in Pakistan whilst sitting in London, at no time have the British authorities prosecuted Mr Hussain”.

Geo TV held that because of these and other examples it could mention, there was “a common impression within the Pakistani community in Pakistan and in the UK that Mr Hussain is somehow being given special treatment because, for example, of his alleged close connections with the UK authorities”.

Geo TV maintained that Jirga presenter Saleem Safi’s statement that: “...the majority in Pakistan is confident that Altaf Hussain is an asset of Britain, of its government, its establishment….”, was fair comment. Its basis was: “Mr Hussain’s background”; the background and contextual information it had provided by way of newspaper articles and the Newsnight programme and “the apparent reluctance of the British authorities to prosecute Mr Hussain after many allegations of serious crimes”.

It added that it was a commonly held view by most Pakistanis in Pakistan that Mr Hussain was an “asset of Britain”. Geo Network’s lawyers added that Mr Altaf Hussain had failed to prove the statement was incorrect. It added that to find that the words were unfair would be to deny their clear context, the public interest in Mr Hussain, and “be wholly contrary to the right of freedom of speech and fair comment about a very controversial person”.

Geo TV argued that Mr Hussain owed allegiance to Britain as a British citizen and was, therefore, a British “asset”. It said that, consequently, it was “illogical for Mr Hussain to say that it is unjust or unfair to say that he is an asset of Britain” and “ludicrous to suggest that it is unjust or unfair to say that a British subject may do what the UK government may ask him to do”.

Geo TV said that it didn’t suggest at any point that Mr Hussain was a “traitor” to Pakistan and it's Mr Hussain himself who brought up this aspect which Geo said was “pure conjecture…without foundation” and “unevidenced”.

Geo TV argued that Mr Hussain’s complaint was an attempt at stopping free and proper reporting of him and MQM and made for political purposes.

The Ofcom concluded that “Mr Hussain was not treated unjustly or unfairly in the programme as broadcast. Ofcom has not upheld this complaint by Mr Hussain of unjust or unfair treatment in the programme as broadcast”.

Originally published in The News