Daily Times

ISLAMABAD: The Pakistan Broadcasters Association (PBA) on Saturday moved a petition before the Supreme Court of Pakistan, challenging the order of the Islamabad High Court (IHC), where it had authorised the Pakistan Electronic Media Regulatory Authority (PEMRA) to censor TV content.

On March 17, IHC Justice Shaukat Aziz Siddiqi had appointed a committee under PEMRA with the task to examine the content of TV shows, dramas and advertisements.

The petitioner in its appeal raised objections, arguing that the court had no power or jurisdiction under the Constitution to become a regulator of TV programmes.

“Further, the committee constituted includes the government represented through the Ministry of Information and Broadcasting secretary, PEMRA represented through its chairman and DG, the Attorney General’s Office through the additional attorney general and Ansar Abbasi, a journalist, thereby making it totally partial,” the petition states. Barrister Syed Ali Zafar stated that PEMRA could not act as monitoring police and tell channels how to broadcast their programmes.

“By constituting the committee to determine the question of obscenity, indecency or pornography, the IHC acted contrary to the provisions of Articles 4, 9, 10A and 18 of the Constitution,” the petition states.

PBA had made the federal government, the Interior Ministry, Information Ministry and PEMRA as respondents.

Thepetition pointed out that the regulatory body was bound by the Code of Conduct, 2015 under which media content was controlled by the broadcasters under a self-regulatory regime.

It further contended that for PEMRA to issue directives and regulations outside the ambit of the Code of Conduct 2015 was in contravention of the code itself, the PEMRA Ordinance and the Constitution.

“PEMRA has breached the code and issued regulations to control and censor the media against the fundamental rights of the freedom of expression, the freedom of press and the freedom of information protected under Articles 19 and 19A of the Constitution,” the petition stated.

The petition submitted that it was only during the dictatorial regime of General ZiaulHaq that such “arbitrary and whimsical censorship under the garb of indecency” was imposed on the media and the issuance of these regulations by PEMRA was similar to it.

The appeal further contended that Pakistan’s electronic media had fulfilled their role in ensuring that whatever was aired was in accordance with the culture of the country.

“That the matter of controlling and regulating the media and the entertainment industry, and to determine what is immoral, obscene or what does or does not conform to Islamic values etc, are all matters of policy and fall within the domain of the executive which must act in accordance with law,” the petition stated.”By forming a committee and asking for a report thereto, the IHC had gone beyond the realm of decision-making and started examining the contents of broadcast as if it was the executive and regulator,” the petition stated.