Sindh High Court Sets Aside PEMRA’s Restrictions on Media Reporting of Court Proceedings
On November 22, the Sindh High Court (SHC) set aside the directives of the Pakistan Electronic Media Regulatory Authority (PEMRA) that prohibited the broadcasting of tickers related to court proceedings. The court declared these directives were “unlawful” and inconsistent with the PEMRA Ordinance 2002, citing overreach by the authority’s chairman without the requisite consultation with the Council of Complaints.
A bench led by Chief Justice Muhammad Shafi Siddiqui and Justice Jawad Akbar Sarwana stated that any media content should initially be assessed by the Council of Complaints, a public regulatory body before PEMRA can take any action based on the Council’s feedback. The judges identified that the contested directives had been issued by PEMRA’s director general (operations-broadcast media) with the chairman’s endorsement, bypassing the necessary procedural requirements.
Referring to an apex court judgment, the SHC stated that media content in public spaces is regulated under the Pemra Ordinance, 2002, through a two-tier system: independent Councils of Complaints and Pemra.
“The primary responsibility of these two bodies is to ensure that the media content is constitution-compliant under Articles 19 and 19A and meets the reasonable restrictions under the Pemra Ordinance, rules, regulations and the code of conduct,” it added.
In May, PEMRA had instructed all private satellite television channels to avoid airing any content that could potentially influence the adjudication of ongoing legal matters, specifically through tickers and headlines about court proceedings. The regulatory body had limited broadcasters to reporting only the written court orders.
Challenging these restrictions, petitioners, including Shahid Hussain, several court reporters, and the Pakistan Federal Union of Journalists, represented by Secretary Alauddin Khanzada, approached the SHC on May 27. They argued that PEMRA’s directives suppressed free reporting and lacked legal backing as per the governing ordinance.
Photo source: PEMRA