Court issues notices to govt,Pemra over TV channel’s suspension
Karachi:A division bench of the Sindh High Court (SHC), comprising Justice Sarmad Jalal Usmani and Justice Maqbool Baqar, on Wednesday issued notices to the information & broadcasting secretary, Pakistan Electronic Media Regulatory Authority (Pemra) and others for July 11 on a petition filed against the suspension of a private television channel’s (Royal TV) transmission.
The bench also restrained Pemra from taking any further action against Royal TV.
On June 27, Pemra stopped the transmission of Royal TV. It observed that its transmissions were in blatant violation of the Pemra Ordinance 2002 and that it had not obtained a license. Pemra also issued a show case notice to the channel.
Petitioner, Royal Media Network, submitted that the organisation was established under the Pemra Ordinance and, by law, no licence was required for airing TV transmission within Pakistan.
It’s counsel Rasheed A Rizvi, challenging the show cause notice and Pemra action of not allowing his client to air transmission, stated freedom of press and expression of public opinion was a fundamental right of the people guaranteed by the Constitution. He stated that the issuance of notice was illegal and in violation of Article 19 of the Constitution.
He prayed to declare the impugned notice illegal, arbitrary and unconstitutional. It was also prayed to restrain Pemra from controlling free access of electromagnetic waves, carrying TV picture by using power under the Pemra Ordinance 2002.
The SHC’s division bench, after preliminary hearing, issued notices and restrained Pemra from any further action against said TV channel.
APP adds: Meanwhile, according to another report, Pemra has not granted permission to any FM Radio station to air foreign broadcasts.
International broadcast practices in the developed countries also do not allow indigenous FM Radio stations to sell air time for international or national news, says a press release here Wednesday.
However, Pemra is examining the good practices being followed in the developed world and hopes to settle the issue in consultation with the stakeholders. It is also a considered view of the Authority that a uniform and even-handed policy has to be put in place before any foreign news house is allowed to buy airtime from FM Radio.
However, this, by no means, can be construed as curbs on the freedom of expression because Pemra welcomes every foreign broadcaster and has already permitted airing of many international broadcasters like CNN, Sky News, Fox News and BBC.
In addition, a host of foreign channels have been granted landing right permission.
It regretted the fact that while discussions on the issue were in progress, FM 103 and some other FM Radio stations started unauthorised hourly news service of a foreign channel, which had to be stopped. Nothing contravening the laws of the country and government policy can be allowed, it says.
In 2004, few FM Radio stations illegally sold their air time to foreign broadcasters when notices were issued for the closure of illegal foreign news service, Pemra was taken to court where the case was adjudicated in favour of Pemra, it says. Accordingly, in mid 2005, all illegal foreign broadcasts on FM Radio were also stopped.
Source: The News
Date:7/5/2007
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