National School of Public Policy

Senior Management Wing

15th SMC
Anwaar-ul-Haque
Inland Revenue Service
15
th
SMC
Directing Staff:

PEMRA Chief: SC asks govt to submit clarification
Published: September 9, 2014 Islamabad

3
The Supreme Court expressed
annoyance over the failure of
govt. to appoint a permanent head
of PEMRA.Justice Ijaz Ch.
remarked that committees were
used to delay matters. Our
concern is that why PEMRA did
not take action against a TV
channel if it aired objectionable
content, he noted.
THE PAKISTANI MEDIA IS THE
FREEST MEDIA THAT MONEY CAN
BUY. THE LARGER STORY IS THAT
PAKISTANI MEDIA IS UP FOR SALE
- Christine Fair
An Pakistan affairs Expert
Assistant Professor, Georgetown University, Washington

Source: http://axcessnews.com
4
Introduction
Media, Public Interest and Public Functions of MASS Media
Statement of the Problem

Issues Involved
Negative role of media
Cross Commercialization &
Allegations of foreign funding

PEMRA as a regulator of electronic media

Analysis of Important / Relevant Laws

Conclusion

Supreme Court and Media Accountability

Recommendations

5
6
Public Interest:
Some thing which is widely considered to be essential to the
larger term welfare of society and its members.

7
Mass Media
The means of communications
that reach large numbers of
people in a short time, such as
television, newspapers,
magazines, radio etc.
Contd
Political :
Relate to active participation in political life by the majority which
is an essential component of democracy but it depends on the
optimum flow of communication to and amongst citizens.

Social and Cultural :
Relate to the whole range of news, entertainment, sports
coverage, public education etc. to promote national and cultural
identity.

Economic :
Relate to the contribution of media in stimulating the industrial
and technological advance.
8
FUNCTIONS OF MASS MEDIA
S.# Category Licensees
1. Satellite TV Channels 67
2. Landing rights to TV Channels (Mostly foreign
channels- CNN, BBC, FOX, Nat Geographic)
29
3. FM radio 116
4. Cable TV Distributors 2,168
5. Multimedia Distributor Stations 6
6. Internet Protocol TVs 2
7. Mobile TVs 2
9
GROWTH OF ELECTRONIC MEDIA IN PAKISTAN
MILESTONES
In 2002 after promulgation of PEMRA Ord., the policy of Satellite
Channels was freed up resulting in airing of more than 80
channels to viewers.
Media, owing to its immense powers have become
unaccountable to any state institution or civil society.
Self declared Fourth pillar of the State has become one
of the Sacred Cows in the country and like most other
institutions, insists on self-accountability only.
Self accountability only seem to mean disappearance from
one channel for a month or so and to resurface on another
channel. No trail of government / foreign funding.
Self accountable media failed to perform its role in
improving governance and wrongly effected society and
institutions.
10
11








Tailored Crime Reporting:
Extensive and tailored reporting on crime stories and
terrorism by media is a source of incitement, apathy and
fear.

Un-ethical Advertising:
The PEMRA Ordinance, 2002 (sec:20) lays down a clear cut
policy with regards to duration and content of programmes
and advertisements. It should not contain obscenity,
vulgarity or material offensive to decency
12 Contd








Engineered & Unedited Live Programmes:
Rather than playing its role as a disinterested purveyor
of news the Pakistani media has mostly seemed to have
craved being a political actor himself.
Allegations of Lifafa journalism on anchors and
politicians by their own communities.

Yellow Journalism:
Most of the news broadcasts are being presented without
conducting any research / verification and cause unrest.
The race to be the first to air the scoop has often triggered
yellow journalism.

13
Contd
Insensitivity / Propaganda against State
Organizations and individuals are reported upon without
keeping in view social groups & emotions of the people /
organizations being reported upon causing discrimination.
(Unilateral blaming of ISI chief in Hamid Mir case)

Promotion of pressure/interest groups
Pakistani media is famous for providing coverage to
amiable pressure and interest groups in lieu of cash and
other benefits.
(Mobile phone operators are NEVER criticized on media
being a major client)

14
Contd
Promotion of mobocracy illiterate viewers
The coverage of violent protests has serious implications on
illiterate viewers and incites violence in them.
(Live coverage of Dharnas and violence against WAPDA officials)

Discussion on Sub-Judice matters
Media has recently been critically analyzing the conduct of
courts of the country and freely discusses sub-judice matters
on air.



15
Contd
Cross Commercialization of Electronic Media
Commercially driven, ultra-powerful media
primarily serves their sponsors rather than the
public.
Pursuance of Foreign Agenda
It has been alleged that a few media houses have
links with foreign characters and are being funded
for propagating anti state agenda.

Polarization of Society:
Disproportionate projection of a few vested
interest groups / luxurious living styles have
resulted in polarization of society.



16 Contd
17
18 Contd
[Article 19] Freedom of speech, etc.

Every citizen shall have the right to freedom of speech
and expression, and there shall be freedom of the
press, subject to any reasonable restrictions
imposed by law in the interest of the glory of Islam
or the integrity, security or defence of Pakistan or
any part thereof, friendly relations with foreign
States, public order, decency or morality, or in
relation to contempt of court,

[commission of]

or
incitement to an offence.
(Bold for emphasis)


19 Contd
[19A] Right to information: (18
th
Amendment)

Every citizen shall have the right to have access to
information in all matters of public importance subject
to regulation and reasonable restrictions
imposed by law.

(Bold for emphasis)

PEMRA Ord. was promulgated in 2002 to regulate
electronic media in Pakistan.
PEMRA AUTHORITY:

20 Contd
Chairman
5 Members
(Eminent
Citizens)
4 Ex officio
Members
2 Members
(Need Basis)
1 Member
(Full Time)
Total Members: 12
Ex officio Members
1. Sec. Interior
2. Sec. Info.
3. Chairman PTA
4. Chairman FBR
Improve the standard of information,
education and entertainment.
Widen the choice for news, current affairs
and other programmes.
Facilitate the devolution of responsibilities.
Ensuring accountability, transparency and
good governance by optimising free flow of
information.
21
Regulation 5
Licensees shall show deference to the ethical and social
values of the country and ensure that

(a) any content that maligns or slanders any individual
in person or certain groups is not broadcast or
distributed;
(b) content does not make careless references to any
class or group of persons as being inherently
inferior on account of religion, gender, age,
disability or occupational status;
(c) content is not obscene or indecent;
(d) Offensive or derogatory jokes are not broadcast or
distributed;

Source: PEMRA website
22
Regulation 5

(e) behaviour such as smoking and drug abuse is
not presented as glamorous or desirable;
(f) alcoholic beverages, tobacco products or
any other narcotics shall not be shown;
(g) content does not contain anything that, when
taken in context, tends to or is likely to expose
an individual or a group or class of individuals to
hatred or contempt and
(j) no content is aired that is offensive, indecent,
vulgar or defamatory

Source: PEMRA website
23
Council of Complaints Section 26 (PEMRA ORD., 2002)
Disposal of complaints made by persons or organizations
from the general public for violation of the codes of
programme content and advertisements.
One for Federal Capital and one each for Provinces
Complaint Management system has been launched on
PEMRA website.
Composition of Council of Complaints:
Comprises of a chairman and 5 members being citizens of
eminence, two of which should be women.
24
Composition of Council of Complaints (Federal Capital)

25
Members
Prohibition of broadcast media or distribution
service operation (Section 27)

The authority by an order in writing giving specific reasons can
prohibit any broadcast media or distribution service operator from
broadcasting any programme or advertisement on account of:

a) Damage to ideology of Pakistan
b) Likely to create hatred among the people
c) Prejudicial to the maintenance of law and order
d) Damage to national security
e) Pornography, obscenity or vulgarity
f) Abuse of media power by harming legitimate interests of
other person.
26
Remedies available:
Action of censure / warning and fine.
Suspension / cancellation of license
27

28
On 6
th
June, 2014 GEO was suspended for 15
days and fined Rs.10(M) on a complaint by
Ministry of Defence.
Broadcasting has been included in the modes of
defamation

Newspapers, Editors, Publications and Publisher have
also been included.

Section 3 Forms of defamation
Libel defamatory statement in written form.
Slander oral defamation
Section 9 Remedies to infringement
Minimum Rs. 50,000 fine
Three months imprisonment

29
30 Contd
Section Offence Penalty
123-A Condemns Pakistan / advocates
curtailment of sovereignty etc
Imprisonment up to 10
years / fine
124-A Hatred / contempt to the
government
Imprisonment for life / fine.
153-A Inciting disharmony / feeling of
hatred / ill will regarding religion or
regional groups
Imprisonment for 5 years /
fine
292 Selling / distributing obscene
material
Imprisonment up to 3
months / fine
499 Defamation / publishes any
imputation to harm some ones
reputation
Imprisonment up to 2 years
/ fine
All Pakistan Newspapers Society (APNS)
Forum represented by the top newspaper editors and
owners.

Council of Pakistan Newspaper Editors (CPNE)
Forum represented by the editors of the prime media
groups of Pakistan.

Pakistan Federal Union of Journalists (PFUJ)
Forum represented by working journalists.


31
Despite laws and regulations, the media is increasingly
becoming unaccountable.
Costs imposed by unaccountable media might be more
than the benefits arising from free media.
Self control measures by media have not worked in last
decade.
Outright coercive measures by government have not
worked well in past.
Even the supreme court seems to shying away from the
problem of irresponsible media except in cases where its
own repute is at stake.
Media however remains vulnerable to pressure from
financers/ pressure groups & Government.

32
Contd
Is Pakistan only about war, plunder,
intolerance, illiteracy and corruption?
Is media presenting a fair picture of Pakistan
to the world?
Should the malpractices of media also be
weighed in on the scales of accountability?

33
Contd
Supreme Court in Constitutional Petition No. 104 of 2012 held

It is important to note that the PEMRA, despite the fact that certain
Constitutional and Statutory provisions are available, so far has not
laid Commonly Accepted Standard of Decency etc. Although the
notices have been issued to some of the Channels but it seems that
except issuing notices, no short term and long term measures have
been taken. Therefore, under the circumstances, we adjourn this
case enabling the PEMRA to:

First of all lay down Commonly Accepted Standard of Decency
keeping in view Article 37(g) of the Constitution and other
relevant laws and then take short term and long term measures
to control obscenity, indecency etc. This exercise they have to
undertake within a period of two weeks. (Supreme Court website)
34 Contd
The Supreme Court has further decided to formulate a
code of conduct for journalists and has observed that an
implementable code of conduct was necessary for
media.

Supreme court approached for probing of MEDIA
Irregularities/corruption:
Hamid Mir Case MIDAS (Pvt.) Ltd

The petition prays to the Supreme Court to form a
commission that will be responsible for inquiring about
the source of income of TV channel owners,
advertising agencies and anchorpersons.

Source: The Express Tribune, September 07, 2012.
35
Supreme Court appointed a Commission on
15.01.2013 comprising Justice (R) Nasir Aslam
Zahid (Chairman) and Senator (R) Javed Jabbar as
member for probing financial corruption in media.
The Commission submitted its report on 17
TH

April, 2013.

FINDINGS:*
The Commission is of the opinion that sufficient
ground exists for forensic audit and detailed
investigations of certain transactions and aspects
referred to in the petitions accepted by the
court..
*www.supremecourt.gov.pk

36
Article 212 of the Constitution of 1973 which provides for
the establishment of administrative courts and appellate
tribunals should be suitably amended to establish media
courts and tribunals to redress the grievances pertaining
to media malpractices.

Like others, forum of MEDIA OMBUDSMAN should be
established.

PEMRA Ordinance, 2002 should be amended according
to the observation of Supreme Court regarding the
standards of ethics and decency and should be enforced
strictly.
37 Contd
The associations of media people such as All Pakistan
Newspapers Society (APNS) and Council of Pakistan
Newspaper Editors (CPNE) should act as watchman of
public interest instead of their own interest.
Establishment of training institutes for reporters, anchors
and other media personnel for their capacity building in
order to meet the professional and ethical requirements.
Minimum qualification (education cum training) for
appearing as anchor person should be made compulsory.
MEDIA ECOLOGY To make people media literate through
awareness programmes at educational levels and
mandatory media education hours (on weekly basis) at all
private and state controlled channels.
38
Contd