GEO TV challenges ban on transmissions in SHC
Independent Media Corporation and Bird (Pvt) challenged the ban on transmission of Geo News, Geo Entertainment, Geo Super and AAG TV channels in the Sindh High Court (SHC) on Saturday.
The petitioners, who have landing right holder of satellite TV channels GEO News, GEO Entertainment, GEO SUPER and AAG in Pakistan, submitted that after the imposition of emergency rule on November 3 at about 5.30 to 6.00pm, all private satellite TV News channels were off aired/proscribed by the Pakistan Electronic Media Regulatory Authority (PEMRA) throughout the country.
Filing two identical petitions, they stated that Cable TV (CTV) operators were verbally directed and ordered not to air private satellite News and other TV channels as a result all CTV operators had suspended/discontinued and proscribed the transmission/relay of all news and entertainment channels throughout the country, however, few entertainment channels were not off aired for unknown reasons.
The petitioners said that the action was taken without any written order or any prior show cause notice and the petitioners were totally ignorant as to why the transmission/broadcasting of GEO News, GEO Entertainment, GEO Super and AAG TV have been off aired /suspended or proscribed by the Ministry of Information and Broadcasting and PEMRA and the action was totally unlawful and without any plausible and cogent justification or rationale.
It stated that on November 3, 2007, it was disclosed that the president of Pakistan has promulgated Pakistan Electronic Media Regulatory Authority (Third Amendment) Ordinance 2007, and in this amended Ordinance, many amendments were made under Section 20 and 30 of the PEMRA Ordinance 2002.
The petitions said blanket powers have been given to the PEMRA in the said amendments to seize broadcast or distribution service equipment or seal the premises of the licensee under the garb of public interest. In addition thereto, further unbridled powers have also been given to the PEMRA and its Chairman to direct without notice, the closure of any broadcast or distribution network for such period as it may determine.
It said that violation of amendments by media channel owner is liable to be punished up to three years imprisonment or with a fine which may extend to Rs10 million or with both and in case of violation by distribution service licensee or its representative, they are liable to be punished up to one year imprisonment or with fine up to five million rupees or with both.
It was submitted that nobody was aware of the contents of amendments in the Ordinance as it was not issued in a gazette form to the licensees but came into knowledge through newspapers/internet on the next day.
The petitioners contended that the closure of TV channels through CTV operators were done at the time when the amended Ordinance did not come into the knowledge of licensees and it appears from the situation that closure/proscription was done prior to the promulgation of the amended Ordinance 2007 which is another illegal act.
On the one hand, the petitioners contended, respondents have brought the latest amendments in the PEMRA Ordinance 2002 imposing restrictions not to broadcast certain material or contents and on the other hand, instead of waiting or watching the compliance of amended law, the TV channels of the petitioners have been off aired and put under proscription through Cable TV operators throughout Pakistan.
The petitioners said in the presence of the amended law, no ban or suspension is lawful pointing out that the respondents have their own vigilance and monitoring team and Council of complaint.
It stated that in case if the petitioners violate or contravenes any condition of amended law, then the PEMRA may take action according to the law. However, without allowing the broadcast and transmission in Pakistan, the compliance of amended law cannot be judged or monitored by the PEMRA and it can not be ascertained whether, the petitioners have committed any violation or remained under the permissible limits prescribed through the latest PEMRA amended Ordinance 2007.
The petitioners said that it is evident from the bare look of amended Ordinance that most of its amendments or restrictions are only to be observed or followed by News TV channels but under the garb of this amendment, the broadcast of the petitioner’s entertainment/youth channel “AAG” and pure sports channel “GEO Super” have been suspended without any reason or justification.
Both aforesaid TV channels have nothing to do with any news programming or other talk shows, debates or current affairs programmes, it said. The petitioners mentioned GEO Super has acquired exclusive rights to air the matches from Nimbus in the territory of Pakistan both terrestrial and satellite rights and due to unlawful ban the entire nation had been deprived to see the Pak-India Cricket Series.
They stated that the aforesaid rights have been purchased against highly valuable consideration and due to unlawful suspension, the petitioners have sustained and suffered huge losses.
It was mentioned that air time was purchased on national TV channel PTV Home for exploring/showing PAK-India cricket series, but PTV has denied to air in spite of receiving two cheques i.e the amount of agreed air time cost, so in this way the petitioners also have sustained heavy losses and could not honour its commitment to advertisers/sponsors both in satellite and terrestrial transmissions.
It said PTV denied to air second one day match 30 minutes earlier to the start of match verbally and this conduct can easily demonstrate the victimisation of the petitioner and its other group/affiliated TV channels and print media.
The petitioners also prayed the court to take judicial notice of this unlawful refusal of PTV, as it is national broadcaster, which deprived the entire nation of enjoying the match and this act has also demoralized the Pakistan Cricket Team.
It was submitted that abrupt suspension/proscription without any prior show cause is totally unlawful act of the respondents and such harsh and arbitrary suspension has caused and continuously causing colossal monetary losses to the petitioners.
The petitioners said they have many prior contractual obligations which are to be fulfilled and its non compliance shall result unlimited losses to the petitioners and it may involve in serious disputes and litigation with the clients/advertisers.
It said that GEO Super has many sports rights including the present Pak-India cricket series and due to its off air, the petitioner is suffering and sustaining huge monetary losses and its image and goodwill amongst the advertisers/sponsors has also been tarnished and damaged.
It was stated that employees of the petitioners are also very frustrated, demoralized and depressed due to unlawful ban or suspension of the petitioners’ TV channels and if the transmission is not restored forthwith then it may result in the retrenchment in the heavy employment structure and set up and will become a cause of unrest and unemployment.
It stated transmission/relay of many other news and entertainment channels suspended on November 3, along with the petitioners’ channels have been restored but this imposition of ban on the petitioner’s channels are still continuing which is unfair and unjustified.
The petitioners said due to unlawful imposition or suspension, the public at large is also deprived to see different sport events and music and this is sheer violation of the right of information and access to the information.
At present, it said, only TV channels of National Broadcaster “PTV” are allowed to be aired throughout the country which does not come within the purview and scope of the PEMRA laws.
It stated the Constitution of Pakistan allows them to engage in a lawful business and the present restriction is depriving their lawful right adding that the Pakistan Broadcasters Association (PBA) is continuously taking up this matter with the respondents but the matter is still pending without any positive result.
They argued that the petitioners are entitled and have lawful authority to operate its TV channels in Pakistan according to the landing right licenses and the PEMRA Ordinance 2002, and the Rules and Regulations made there under.
“The amendments made in the Ordinance are unlawful and liable to be struck down, and even the present suspension imposed by the respondents is in violation of third amended Ordinance 2007,” it said.
It was contended that the respondents have only used Amended Ordinance 2007 for putting up ban and suspension on TV channels alone without allowing licensees to operate their TV channels according to the terms and conditions of license and PEMRA Ordinance 2002. This action is a serious violation of PEMRA laws in force.
The petitions stated that provisions relating to ban/suspension/closure can only be imposed in the event of violation of PEMRA Ordinance and therefore the amendments made under Section 30 of PEMRA Ordinance can only be pressed into service in case of violation but the respondents have imposed ban/suspension without proper application of mind and law both.
On one hand, petitions said, an amended Ordinance has been promulgated with certain conditions and restriction to be followed by the licensees and on the other hand, the licensees are not allowed to run or operate their TV channels. The action of the respondents is contrary to the amended Ordinance and other PEMRA Rules and Regulations.
The court was prayed to declare the suspension/proscription or ban on Satellite TV channels as unlawful and without any lawful authority and even against the provisions of PEMRA third amendment Ordinance 2007 and direct the respondents to immediately lift the ban/suspension or proscription of petitioners’ TV channels GEO NEWS, GEO Entertainment, GEO Super and AAG forthwith.
The petitioners also prayed the court to direct PEMRA to issue necessary instructions/directions to all cable TV operators throughout the country to immediately on air/restore the transmission of GEO NEWS, GEO Entertainment, GEO Super and AAG on their Cable TV Networks without any interruption or interference and till the disposal of petitions direct the respondents to restore the transmission of TV channels.
Source: The News
Date:11/11/2007
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