Media Regulatory Ordinance promulgated
ISLAMABAD- President General Pervez Musharraf promulgated on Friday Pakistan Electronic Media Regulatory Authority (Pemra) Ordinance 2002 to regulate and develop broadcast media in the country.
The Ordinance that comes into force at once in the whole of Pakistan is aimed at improving the standard of information education and entertainment as well as enlarge the choice available to the people in a variety of programmes.
“Whereas it is expedient to provide for the development of broadcast media in order to enlarge the choice available to the people of Pakistan in the media for news, current affairs, religious knowledge, art, culture, science, technology, economic development, social sector concerns, music, sports, drama and other subjects of public and national interest,” the Ordinance said.
At the same time, the enforcement of PEMRA Ordinance will help facilitate the devolution of responsibility and power to the grass-roots by improving people’s access to mass media at local and community levels.
The development of broadcast media will also ensure accountability, transparency and good governance by optimising free flow of information.
Under the Ordinance, the government will establish an authority to be known as Pakistan Media Regulatory Authority which will be a corporate body, having perpetual succession and a common seal with powers subject to the provision of this Ordinance to hold and dispose of property by the said name, sue, and be sued.
The principal office of the Authority shall be at Islamabad and it may set up offices at such place or places in the country as it may deem appropriate.
The Authority shall be responsible for regulating the establishment and operation for the purpose of international, national, provincial, district, local or special target audiences.
The Authority shall issue licenses for broadcast and CTV stations in the categories including international scale stations; national scale stations; provincial scale stations; local area or community based stations; specific and specialised subject stations; and cable television network stations.
The federal government may, as and when it considers necessary, issue directives to the Authority on matters of policy, and such directives shall be binding on the Authority, and if a question arises whether any matter is a matter of policy or not the decision of the federal government shall be final.
The Authority shall consist of a Chairman and nine members to be appointed by the President of Pakistan.
The chairman of the Authority shall be an eminent professional of known integrity and competence, having substantial experience in media, business, management, finance, economics or law.
Out of nine members, one shall be appointed by the federal government on full time basis and five shall be eminent citizens chosen to ensure representation of all provinces with expertise in one or more of the following fields: media, law, human rights and social service.
Of the five members from the general public, two members shall be women.
Secretary, Ministry of Information and Media Development, Secretary, Interior Division and Chairman, Pakistan Telecommunications Authority shall be the ex-officio members.
The members, other than ex-officio members, shall participate in all meetings and shall receive such fee and expenses for each meeting as may be prescribed members.
The chairman and members, other than ex-officio members, unless earlier removed for misconduct or physical or mental incapacity, shall hold office for a period of four years and shall be eligible for re-appointment for a similar term or as the federal government may determine.
According to the Ordinance, the Authority (PEMRA), except where applications for issue of licences relates to the Islamabad Capital Territory, shall invite a representative of the government of the province concerned with regard to the proposed location of the radio station or TV channel or CTV station and shall consider the viewpoint of the concerned provincial government before taking a decision on the issuance, suspension, revocation or cancellation of a licence.
Where the provincial government objects to the issuance of a particular licence or its suspension, revocation or cancellation, the applicant shall be provided an opportunity to be present at the meeting of the Authority and afforded a public hearing with regard to the observations made by the provincial government.
The Authority shall ensure that the consultation with the provincial government or the provincial governments, as the case may be, is conducted with the objective of facilitating freedom of expression on the air waves within the framework defined by this Ordinance.
The PEMRA shall ensure that no unreasonable delay occurs in the issuance of a licence and its utilisation by the licences merely on the grounds that the federal government and the provincial governments require unspecified time to fulfil their respective and related procedures.
The Authority shall take decision on the application for a licence within one hundred days from the receipt of the application.
The Ordinance states that no person shall be entitled to the benefit of any monopoly or exclusivity in the matter of broadcasting or the establishment and operation of broadcast or CTV stations or in the supply to or purchase from, a national broadcaster of air time, programmes or advertising material and all existing agreements and contracts to the extent of conferring a monopoly or containing an exclusivity clause are, to the extent of exclusivity, hereby declared to be inoperative and of no legal effect.
In granting a licence, the Authority shall ensure that, as far as possible, open and fair competition is facilitated: in the operation of more than one channel in any given unity of area or subject.
It will be ensured that undue concentration of media ownership is not created in any city, town or area and the country as a whole by virtue of the applicant for a broadcast or CTV operation licence already owning or operating, as sole or joint shareholder of any other broadcast or CTV station, printed newspaper or magazine.
The Authority shall process each application in accordance with the prescribed criteria and shall hold public hearings in the respective provincial capitals of each province, or as the case may be, Islamabad, before granting or refusing the licence.
A licence shall not be granted to a person who is not a citizen of Pakistan or resident in Pakistan; a foreign company organised under the laws of any foreign government; or a company the majority of whose shares are owned or controlled by foreign nationals or companies whose management or control is vested in foreign nationals or companies.
The Authority shall by order, giving reasons in writing for declaring the order prohibit any broadcaster or CTV operator from broadcasting or re-broadcasting or distributing any programme if it is of opinion that such particular programme is likely to create hatred among the people or is prejudicial to the maintenance of law and order or likely to disturb public peace and tranquility or endangers national security.
The provisions of this Ordinance shall have effect notwithstanding anything to the contrary contained in any other law for the time being in force or any contract, agreement or any other instrument whatsoever.
The national broadcasters, namely the Pakistan Broadcasting Corporation (PBC) shall continue to be regulated by the Pakistan Broadcasting Corporation Act 1973 (XXXII of 1973) and the Pakistan Television Corporation and Shalimar Recording and Broadcasting Company Limited shall continue to be administered under the provisions of the Companies Ordinance 1984 (XLVII of 1984).
Other existing private broadcasters or CTV operators, who had been granted respective monopolies in multimodal distribution system, cable TV and in FM radio, shall henceforth be regulated by this Ordinance except in respects where specific exemptions are granted by the Authority.
Source: Business Recorder
Date:3/2/2002
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