Daily Times

Nothing has a greater effect on our lives in this era than science, finance and the media. The media is not just the fourth pillar — but also the backbone of any democratic society. This is because while the legislature makes the laws, the judiciary interprets it and the executive implements it, it is the media which acts as the watchdog of the three pillars. It ensures that the other three pillars are performing their constitutional duties, thus calling for accountability. Considering the fact that the media performs such an important function, it is particularly important that there be some authority which keeps it in line, lest the media take undue advantage of its role. There have been incidents where the media has taken advantage of its role; be it tabloidization of news or executing fake ‘sting’ operations to settle personal scores. Its offences include the broadcast of pre-election paid news. Nobody has ever been held accountable for these failures. Hence, an efficient and effective regulatory body is required to control the media.

As the voice of the masses, the media not only interprets and comments on the present — also sets the agenda for the future. In Pakistan the media; radio, television and, now, the internet have certainly played a significant role. The question that arises is whether reposing such a right in the media simultaneously casts an obligation on it to convey information and news that is accurate, truthful and unbiased.

Regulatory authorities, no matter whether convergent, fully independent or state controlled, play an important role in creating environment in a country. Pakistan Electronic Media Regulatory Authority (PEMRA) is an independent and constitutionally established Federal institution responsible for regulating and issuing channel licenses for establishment of the electronic media broadcast stations. It helps to raise the level of information, education and entertainment, and provides the Pakistani people with a wide range of choices including news, current affairs, art and culture, science and technology. It is responsible for promoting and managing the establishment and operation of all private broadcast media and distribution services established in Pakistan for international, national, provincial, regional and local or special audiences.

There have been incidents where the media has taken advantage of its role; be it tabloidization of news or staging fake ‘sting’ operations to settle personal scores. Its offences include the broadcast of pre-election paid news. Nobody has ever been held accountable for these failures

PEMRA issues licenses, create bylaws thus closer regulate the broadcasting sector, monitor work of broadcasters and are often assigned with authority to use measures to fine the work of media that do not comply with laws or internally set standards. The question is who is in charge of measuring responsibility of PEMRA? And who is responsible for actions of PEMRA? Is it state? To what extent? And when should state interfere to protect freedom of expression?

Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by PEMRA and are necessary in Pakistan, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.

States themselves establish regulatory systems through constitution, media laws and other related laws, such as telecommunications, free access to information, transparency of media ownership, etc. Similarly in Pakistan, PERMRA is established by the state. According to the law, the objectives of PEMRA are to improve the standards of information, education and entertainment. It has the focus on the enlargement of choices available to the people 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. But is PEMRA performing its duties according to its manifesto or is it just a body under the influence of invisible powers?

Concentration of control has a negative impact on media diversity and plurality. Identification of who controls a media outlet is the first step in documenting plurality. There are many news channels and radio stations in the media market, but if they are all “controlled” by only a handful of entities, then there is insufficient plurality of news and views presented to the people. Thus, it is essential to know the actual number of independent voices in the market to determine the extent of plurality. Also, there are numerous ways by which “control” can be exercised over a media outlet. Therefore, it is imperative to clearly define what constitutes or can amount to ownership or control of a media owning entity. This is the responsibility and obligation of the PEMRA to consider this issue for the vested interest of Pakistan.

PEMRA’S laws focused on the devolution of responsibility and power to the grass roots by improving people’s access to mass media and ensuring accountability, transparency and good governance by optimization in the free flow of information. Again a big question arises as to whether PEMRA is politicized or working as an unbiased regulatory body.

PEMRA is responsible for facilitating and regulating the establishment and operation of all private broadcast media and distribution services in Pakistan, established for the purpose of international, national, provincial, district, and local or special target audiences.

The rules for the broadcasting sector, especially its stakeholders, are a key element of its independence. Therefore, it should be defined so as to protect against any interference, in particular by political forces or economic interests. For this purpose, specific rules should be defined as regards incompatibilities in order to avoid that PEMRA is under the influence of political power, PEMRA’s officials exercise functions or hold interests in enterprises or other organizations in the media or related sectors, which might lead to a conflict of interest in connection with stakeholders of the regulatory authority.

While governments often restrict freedom of expression using regulatory and licensing procedures that are clearly defined by law, they can also act on an arbitrary or extra-legal basis. Common tactics include bureaucratic obstruction, threatened or actual suspensions without firm legal justification, sudden bans on certain types of content, and circumvention of established regulatory systems by other arms of the government.

Actual shutdowns of media outlets are sometimes processed through legal channels but more commonly occur as the result of an extra-legal executive decision. While they are often temporary, the closures occasionally become permanent. They are frequently imposed in periods of political or social tension, such as during election campaigns, protest movements, or outbreaks of ethnic or religious violence.

It is important to discuss the role and responsibilities of PEMRA in the context of entertainment. Pakistan has its own culture, traditions and social norms. Different types of entertainment often reflect what different societies idealize in terms of beauty, success and appeal. Therefore, what we are surrounded by affects our own perceptions of what we should be. Television, movies, music are everywhere. Often without any of us realizing it, our entertainment culture often pervades our daily lives and impacts our personal perceptions and attitudes. From clothing style to political beliefs, there is no doubt that the entertainment and mass media that we encounter each day on our television screens or on our radio influences how we behave or act in a certain way. In Pakistan, the content on our morning shows and foreign dramas have the potential to have a negative impact on the psychology of common people. PEMRA keeps brushing this menace under the carpet. Such things create conflict in our societies. The foreign dramas and movies are made according to their own culture and circumstances, we have different culture and different circumstances, so PEMRA must review its policy for airing such contents which cause the unrest in society.

PEMRA must ensure that the broadcast and distribution sector is free and able to provide factual news from a wide range of sources. Ownership and control must not be allowed in any way to restrict this. Vertical integration of broadcasters with cable operators, can restrict horizontal competition. However, in addressing this concern it is as much the intention of the PEMRA to create and nurture an environment that will promote innovation and invite investments into this sector. There are no restrictions on the cable operators in Pakistan. They air the programs without permission of the PEMRA. There is a need to bring in policy uniformity on control restrictions across the broadcasters and the cable operators.

PEMRA must also tackle control of media by parties with interests in conflict with the broadcast of unbiased content. A nexus between political parties, politicians, their surrogates, corporate media, non-media corporate entities and invisible powers have long been in vogue, that too in various forms. Though the media interests of corporate entities have usually been justified on the grounds of the funds they bring to this capital-intensive sector and the right to invest in a line of business of their choice, a quid pro quo deal with the media entity guaranteeing favourable coverage can almost never be ruled out. There are instances abound of political ownership of media entities all across the country. While their eagerness to enter the news media business is obvious, its impact on a democracy can be ruinous. Not only do they need the media outlets as a propaganda instrument during elections but after that too, as a lobbying and self-promotion device. There is some recognition that the malaise of paid news, private treaty, private self-censorship and advertorials has spread largely as a result of unrestricted ownership and the commercialisation of the media. It is the responsibility of the PEMRA to ensure that content – especially on news channels – is unbiased and non-politicised in all aspects.

Regarding ownership, PEMRA, should recommend that political bodies, religious bodies, urban and local bodies, publicly funded bodies, central and provincial government ministries, departments, companies, undertakings, joint ventures and government-funded entities; and their affiliates not be allowed to enter into broadcasting and TV channel distribution activities. In case permission has already been granted to any such entities, an appropriate exit route should be provided. The nexus between corporations, politicians and the media is far more complex than one can imagine.

Many media houses are now primarily run with a business motive, which more often than not, supersedes the objective of providing accurate and unbiased news and information to the public. PEMRA must exercise the power to review its policy against these channels. Meanwhile, it is mandatory for PEMRA to be non-politicized and unbiased to eradicate such a menace.

PEMRA must emphasise that the presence of a strong, independent public broadcaster is essential for a democracy, to set the benchmark for quality of content, media practices and ethics. Though funded by the government, the broadcaster has to be insulated from government interference on news and its policy. A similar scenario is essential for news on radio.

It is quite unfortunate that Pakistan has fallen under authoritarian rule, and it has become very difficult for PEMRA to be independent. PEMRA will have to work under the control of the government or some other invisible power. In the range of partly free media environments, authorities use regulation more selectively, punishing certain outlets or restricting content during crucial periods. Often there is a gap between the laws as they are written in the books and their application in practice.

The writer is PhD Scholar in Media and Crime and can be reached at fastian.mentor@gmail.com

Published in Daily Times, April 21^st 2018.