Update: Recent Developments in Pakistani Media and Broadcasting Laws
In recent years, Pakistan has seen significant developments in its media and broadcasting laws, primarily aimed at consolidating regulatory control and addressing the evolving landscape of digital media.
1. Introduction of the Pakistan Media Development Authority (PMDA): One of the most notable proposed changes is the establishment of the Pakistan Media Development Authority (PMDA). The government claims this new body will replace the current “fractured” and “fragmented” regulatory environment, uniting all forms of media—including print, television, radio, films, and digital media—under a single regulator. Critics argue that this move could centralize media control and increase government oversight, potentially stifling free speech and press freedom.
2. Enhanced Powers of PEMRA: The Pakistan Electronic Media Regulatory Authority (PEMRA) has traditionally been the primary body for enforcing media regulations. Recent legislative efforts have sought to grant PEMRA even greater authority. For instance, a bill introduced in the Senate aims to allow PEMRA to obtain employee records and contracts under the guise of protecting journalists’ rights to be paid. However, this has been met with skepticism, as PEMRA has a history of censoring media critical of the government.
3. Media Tribunals and Content Regulation: The proposed PMDA law includes provisions for setting up special media tribunals with the power to impose steep fines on media organizations and journalists who violate its code of conduct or publish content deemed “fake news.” This aspect has raised concerns about furthering government control over media content and suppressing dissent.
4. Ongoing Legal Amendments: The National Assembly has been active in amending existing media laws. For instance, the Pakistan Broadcasting Corporation (Amendment) Bill, 2024, is among the recent legislative measures aimed at updating the regulatory framework to better address contemporary challenges in the media landscape.
5. Public and Media Response: These developments have not gone unnoticed by the media community and civil society. Journalists, human rights activists, and legal experts have voiced strong opposition to the proposed changes, arguing that they could lead to increased censorship and hinder press freedom. There is a call for the creation of independent media regulators that protect free expression rather than imposing additional controls
The landscape of media and broadcasting laws in Pakistan has been shaped by historical contexts and modern regulatory needs, culminating in a complex legal framework. The Pakistan Electronic Media Regulatory Authority (PEMRA) plays a pivotal role in this regulatory environment, established under the PEMRA Ordinance 2002 and amended in subsequent years, notably in 2007 and 2023.
Historical Context and Evolution
The media laws in Pakistan have their roots in the colonial era, with the first press regulations dating back to the early 19th century. Post-independence, the media landscape was significantly influenced by political regimes, with periods of stringent control, such as during General Zia-ul-Haq’s regime, contrasting with more liberal phases like General Pervez Musharraf’s era which saw a flourishing of private media channels.
Regulatory Framework
PEMRA’s establishment aimed to create a more structured and comprehensive regulatory framework for electronic media, covering television and radio broadcasts. The authority is responsible for issuing licenses, ensuring compliance with content standards, and monitoring the operations of media entities. The 2007 amendment expanded PEMRA’s scope to include various electronic media forms, reflecting technological advancements and the evolving media landscape.
Recent Amendments and Challenges
The PEMRA Amendment Act 2023 introduced further changes, addressing contemporary issues such as misinformation and disinformation. These amendments aim to ensure transparency, protect the rights of media employees, and maintain ethical standards in broadcasting. However, the centralization of regulatory powers has raised concerns about potential misuse and overreach, highlighting the delicate balance between regulation and freedom of expression.
Critical Analysis
While PEMRA’s regulatory role is essential for maintaining standards and protecting public interests, its implementation often draws criticism from media professionals and civil society. The authority’s broad powers, including the ability to shut down channels and censor content, have led to allegations of suppressing dissent and restricting press freedom. The lack of comprehensive consultation with stakeholders, such as journalists and media organizations, in drafting amendments further exacerbates these concerns.
The role of the Press Council of Pakistan (PCP) as an independent body to uphold ethical standards is commendable, yet its effectiveness is often undermined by overlapping jurisdictions and limited enforcement powers.
In conclusion, while the intent behind media laws in Pakistan is to create a balanced and fair regulatory environment, the execution and oversight mechanisms need continuous refinement. Ensuring media freedom while maintaining ethical standards requires a transparent and inclusive approach, involving all relevant stakeholders. The evolution of PEMRA and related regulations should aim for a nuanced balance that respects both regulatory needs and the fundamental rights of free speech and expression as enshrined in the Constitution of Pakistan.
Q & A on the History of Media and Broadcasting Regulation in Pakistan
Q: What was the first press regulation act in the subcontinent? A: The first press regulation act in the subcontinent was the Press Regulation of 1799, which targeted English newspapers and was abolished in 1813.
Q: When was the first printing press brought to the subcontinent? A: The first printing press was brought to the subcontinent in 1550.
Q: What significant regulation was introduced in 1813 regarding newspapers? A: The Press Act of 1813 required proof sheets of newspapers to be sent to the government secretary before publication.
Q: What was the Licensing Regulations Act of 1823? A: The Licensing Regulations Act of 1823 required every printer and publisher to acquire a license from the governor-general before starting a press.
Q: What impact did the War of Independence in 1857 have on the press? A: The British government restricted the freedom of the press during the War of Independence in 1857.
Q: What was the purpose of the Press and Registration of Books Act of 1867? A: The Press and Registration of Books Act of 1867 governed the publication of books, newspapers, and magazines.
Q: What power did magistrates gain under the Newspaper Act of 1908? A: Magistrates were empowered to seize printing presses and property connected to newspapers under the Newspaper Act of 1908.
Q: What requirement did the Indian Press Act of 1910 impose on press owners? A: The Indian Press Act of 1910 required press owners to deposit security money, which could be used to pay fines for objectionable material published.
Q: What is the role of the Ministry of Information and Broadcasting in Pakistan? A: The Ministry of Information and Broadcasting governs the media sector in Pakistan through various acts and ordinances.
Q: What does the Pakistan Electronic Media Regulatory Authority (PEMRA) Ordinance 2002 regulate? A: The PEMRA Ordinance 2002 regulates the establishment and operation of all broadcast media and distribution services in Pakistan.
Q: What is the Press Council Ordinance 2002? A: The Press Council Ordinance 2002 aims to protect the ethical standards of Pakistani media, including print media and news agencies.
Q: What is the function of the Press Council of Pakistan (PCP)? A: The PCP maintains the freedom of the press, ensures ethical standards, and reviews developments likely to restrict the dissemination of news.
Q: What is the Copyright Act, 1957? A: The Copyright Act, 1957 protects the works of creators, including literary, musical, artistic works, films, and sound recordings.
Q: What does the Cable Television Regulation Act, 1995 control? A: The Cable Television Regulation Act, 1995 controls all cable operators, requiring them to be registered as cable operators.
Q: What was the impact of the Zia era on the media industry in Pakistan? A: The Zia era saw significant censorship, with many magazines and newspapers shut down and journalists arrested.
Q: How did the media industry evolve during General Musharraf’s time? A: General Musharraf encouraged the private sector, leading to the creation of many new television and radio channels.
Q: What does Article 19 of the Constitution of Pakistan state? A: Article 19 guarantees the right to freedom of speech and expression, subject to reasonable restrictions imposed by law.
Q: How does Article 19A of the Constitution of Pakistan relate to information access? A: Article 19A states that every citizen has the right to access information in all matters of public importance, subject to reasonable restrictions.
Q: What are the restrictions on freedom of speech under Article 19? A: Restrictions include the interests of the glory of Islam, the integrity, security, or defense of Pakistan, public order, decency, or morality, and contempt of court.
Q: How does the court view the limitations on freedom of expression in Pakistan? A: The court observes that freedom of expression is subject to legal restrictions and cannot harm the reputation of individuals or public order.
Q: What are the categories of licenses issued by PEMRA? A: PEMRA issues licenses for international and national scale stations, provincial scale broadcasts, local area or community-based broadcasts, specific and specialized subjects, distribution services, and uplinking facilities.
Q: What are the terms and conditions for obtaining a PEMRA license? A: Licensees must preserve Pakistan’s sovereignty, security, and integrity, certify compliance with national values, and ensure content does not promote violence, terrorism, or other prohibited material.
Q: What authority does PEMRA have under Section 5 of its ordinance? A: The federal government may issue directives to PEMRA on matters of policy, and its decision on policy matters is final.
Q: What is the composition of PEMRA’s authority? A: PEMRA consists of a chairman and twelve members, including representatives from each province, the Ministry of Information and Broadcasting, and other government bodies.
Q: How can PEMRA’s powers be delegated? A: PEMRA can delegate its powers, except for granting, revoking, or canceling licenses, to its members, advisers, or employees through general or special orders.
Q: What are the grounds for suspending or revoking a PEMRA license? A: Grounds include failure to pay fees, violation of ordinance provisions, non-compliance with license terms, and transfer of company shares.
Q: What penalties can PEMRA impose for violations? A: Penalties include fines up to ten million rupees, imprisonment up to four years, or both for violations and damaging broadcast equipment.
Q: What is the function of PEMRA’s Council of Complaints? A: The Council reviews complaints against broadcast content, evaluates program quality, and can recommend action against violators.
Q: How does PEMRA ensure the enforcement of fines and fees? A: Fines and fees are recovered as arrears of land revenue, as per Section 29-A of the PEMRA ordinance.
Q: What provisions were added in the PEMRA Amendment Act 2007? A: The 2007 amendment expanded PEMRA’s jurisdiction and included new definitions and provisions, such as for electronic media.
Q: What are the key changes in the PEMRA Amendment Act 2023? A: The 2023 amendment introduced provisions for addressing misinformation and disinformation, ensuring timely payment of salaries, and maintaining transparent ratings.
Q: What is the role of the Federal Government in PEMRA’s policy decisions? A: The Federal Government can issue final directives on policy matters to PEMRA, which are binding on the authority.
Q: What protections does the Copyright Act, 1957 offer to creators? A: The act protects literary, musical, artistic works, films, and sound recordings, and provides provisions for registering these works.
Q: How does PEMRA ensure compliance with national values and ethics? A: PEMRA mandates that all broadcast content must align with national, cultural, social, and religious values and avoid prohibited material.
Q: What is the significance of Section 32 of the PEMRA ordinance? A: Section 32 allows PEMRA to grant exemptions from ordinance provisions if it serves the public interest.
Q: What does Section 30-A of the PEMRA ordinance entail? A: Section 30-A provides for appeals to the High Court for any person aggrieved by PEMRA’s decisions within thirty days.
Q: How does PEMRA handle complaints against broadcast content? A: Complaints are reviewed by the Council of Complaints, which can recommend fines or other actions to PEMRA.
Q: What is the purpose of the Cable Television Regulation Act, 1995? A: The act regulates cable television operators, requiring them to be registered and comply with specific operational standards.
Q: How does PEMRA define “disinformation” in the 2023 amendment? A: Disinformation is defined as verifiable false, misleading, or manipulated information shared with the intent to cause harm without seeking the other person’s viewpoint.
Q: What legal protections exist for freedom of expression in Pakistan? A: Freedom of expression is protected under Article 19 of the Constitution, subject to reasonable restrictions for public order and morality.
Q: What are the consequences for operating a broadcasting service without a PEMRA license? A: Operating without a license can result in imprisonment for up to four years, fines, or both, and confiscation of equipment.
Q: How does PEMRA regulate content to prevent hate speech and incitement to violence? A: PEMRA mandates that broadcast content must not contain material that promotes violence, terrorism, racial or religious discrimination, or sectarianism.
Q: What is the process for renewing a PEMRA license? A: Licenses are renewed based on compliance with terms and conditions, payment of fees, and adherence to regulatory standards.
Q: How does PEMRA support ethical standards in broadcasting? A: PEMRA enforces ethical standards through its regulatory framework, requiring content to align with national and cultural values.
Q: What is the role of the Ministry of Information and Broadcasting in media regulation? A: The Ministry oversees the media sector, implements policies, and ensures compliance with media laws and regulations.
Q: What mechanisms does PEMRA have to address misinformation in broadcasting? A: The 2023 amendment empowers PEMRA to address misinformation by defining and regulating the dissemination of false content.
Q: How does PEMRA handle appeals against its decisions? A: Aggrieved parties can appeal PEMRA’s decisions to the High Court within thirty days, as provided in Section 30-A.
Q: What are the responsibilities of PEMRA’s Council of Complaints? A: The Council monitors broadcasts, reviews complaints, and submits monthly reports on program quality and public feedback.
Q: What is the scope of PEMRA’s jurisdiction over media in Pakistan? A: PEMRA’s jurisdiction covers all broadcast media and distribution services, including television, radio, and digital platforms.
Q: How does PEMRA ensure transparency in media ratings? A: The 2023 amendment includes provisions for fair, transparent, and independent ratings for TV channels.
Q: What penalties does PEMRA impose for non-compliance with its regulations? A: Penalties include fines, imprisonment, and revocation or suspension of licenses for non-compliance with PEMRA regulations.
Q: How does PEMRA support media diversity and plurality? A: PEMRA promotes a diverse and pluralistic media environment by regulating content standards and encouraging multiple viewpoints.
Q: What is the process for obtaining a PEMRA license? A: Applicants must submit a detailed application, comply with regulatory standards, and undergo a review process before being granted a license.
Q: How does PEMRA regulate foreign content in Pakistani media? A: Foreign content must comply with PEMRA regulations and cannot include material that contradicts national values or promotes prohibited content.
Q: What protections are in place for journalists under Pakistani media laws? A: Journalists are protected under various laws that ensure their rights to freedom of expression and safeguard against harassment and threats.
Q: What is the role of the Press Council of Pakistan? A: The Press Council of Pakistan upholds ethical standards in print media, ensures press freedom, and addresses complaints against newspapers and journalists.
Q: How does PEMRA handle violations related to the broadcast of prohibited content? A: Violations involving prohibited content result in fines, imprisonment, and potential revocation of the broadcaster’s license.
Q: What provisions exist for the protection of intellectual property in media? A: The Copyright Act, 1957 protects intellectual property rights for literary, artistic, and musical works, as well as films and sound recordings.
Q: How does PEMRA ensure compliance with broadcast standards? A: PEMRA monitors broadcasts, conducts inspections, and imposes penalties for non-compliance with established standards and regulations.
Q: What challenges do journalists face in Pakistan? A: Journalists face threats, harassment, and violence, as well as legal challenges and restrictions on press freedom.
Q: How does PEMRA address issues of public interest in broadcasting? A: PEMRA ensures that broadcasts serve the public interest by regulating content standards and encouraging informative and educational programming.
Q: What is the significance of the 2007 amendment to the PEMRA ordinance? A: The 2007 amendment expanded PEMRA’s regulatory scope to include various electronic media and introduced new definitions and provisions.
Q: How does PEMRA regulate the advertisement content on broadcast media? A: PEMRA ensures that advertisements comply with ethical standards and do not promote prohibited material such as violence or discrimination.
Q: What are the responsibilities of PEMRA licensees regarding content standards? A: Licensees must ensure that their content complies with national values, avoids prohibited material, and meets regulatory standards for quality and ethics.
Q: How does PEMRA handle unauthorized broadcasting operations? A: Unauthorized operations are subject to penalties, including fines, imprisonment, and confiscation of equipment used for illegal broadcasting.
Q: What legal framework governs the media sector in Pakistan? A: The media sector is governed by various laws, including the PEMRA Ordinance, Press Council Ordinance, Copyright Act, and Cable Television Regulation Act.
Q: How does PEMRA promote ethical journalism? A: PEMRA promotes ethical journalism by enforcing content standards, addressing complaints, and ensuring compliance with ethical codes of practice.
Q: What role does the judiciary play in upholding media laws in Pakistan? A: The judiciary ensures that media laws are enforced fairly, addresses legal challenges, and protects the rights of journalists and media organizations.
Q: How does PEMRA ensure the protection of cultural and social values in media? A: PEMRA mandates that all broadcast content align with Pakistan’s cultural and social values, avoiding material that contradicts these principles.
Q: What steps has the government taken to improve media regulation in Pakistan? A: The government has introduced amendments to media laws, enhanced regulatory frameworks, and engaged with stakeholders to address emerging challenges in the media sector.
Q: What is the impact of misinformation on Pakistani media? A: Misinformation undermines public trust, promotes false narratives, and can cause harm to individuals and society, necessitating regulatory measures to address it.
Q: How does PEMRA handle complaints about broadcast content? A: Complaints are reviewed by the Council of Complaints, which investigates the issues and recommends actions to ensure compliance with standards.
Q: What measures are in place to ensure the timely payment of salaries to media employees? A: The 2023 amendment to the PEMRA ordinance includes provisions to ensure that electronic media employees receive their salaries on time.
Q: How does PEMRA regulate the distribution of broadcast licenses? A: PEMRA distributes licenses based on compliance with regulatory standards, financial viability, and adherence to content and ethical guidelines.
Q: What is the role of public feedback in PEMRA’s regulatory process? A: Public feedback is essential for PEMRA to assess the impact of broadcasts, address complaints, and ensure that content meets public expectations and standards.
Q: How does PEMRA address issues related to digital media? A: PEMRA’s regulatory framework includes provisions for digital media, ensuring that online content complies with the same standards as traditional broadcast media.
Q: What protections are in place for whistleblowers in the media industry? A: Legal protections exist to safeguard whistleblowers who expose unethical practices or violations in the media industry, ensuring their rights and safety.
Q: How does PEMRA enforce penalties for repeat violations of its regulations? A: Repeat violations result in increased penalties, including higher fines, longer imprisonment terms, and potential revocation of licenses.
Q: What is the significance of the Press Council Ordinance 2002? A: The Press Council Ordinance 2002 establishes an independent body to uphold ethical standards in print media and protect press freedom.
Q: How does PEMRA support media literacy and public awareness? A: PEMRA promotes media literacy through public awareness campaigns, educational programs, and collaborations with media organizations to enhance understanding of media standards.
Q: What role do media organizations play in upholding ethical standards? A: Media organizations are responsible for ensuring that their content complies with ethical standards, promoting transparency, and addressing public concerns about their broadcasts.
Q: How does PEMRA address the challenges of regulating social media content? A: PEMRA collaborates with other regulatory bodies and stakeholders to develop frameworks for regulating social media content, ensuring it meets national standards.
Q: What are the key objectives of PEMRA’s regulatory framework? A: PEMRA aims to promote free, fair, and independent media, ensure diversity and plurality, and empower audiences with quality content.
Q: How does PEMRA handle the licensing of foreign broadcasters in Pakistan? A: Foreign broadcasters must obtain licenses from PEMRA and comply with local regulations, including content standards and ethical guidelines.
Q: What mechanisms are in place to protect the rights of media consumers in Pakistan? A: Regulatory frameworks ensure that media consumers have access to accurate information, ethical content, and channels for addressing complaints and concerns.
Q: How does PEMRA support the development of local media talent? A: PEMRA promotes local media talent through initiatives that encourage the production of high-quality, culturally relevant content and provide training and resources for media professionals.
Q: What are the responsibilities of media licensees under PEMRA regulations? A: Licensees must adhere to content standards, ensure ethical practices, comply with regulatory requirements, and address public complaints about their broadcasts.
Q: How does PEMRA ensure that broadcast content does not incite hatred or violence? A: PEMRA enforces strict regulations against content that incites hatred or violence, imposing penalties on violators and ensuring compliance with ethical standards.
Q: What legal provisions protect the privacy of individuals in broadcast content? A: Laws and regulations protect the privacy of individuals, requiring media organizations to obtain consent and avoid disclosing private information without permission.
Q: How does PEMRA regulate advertising on broadcast media? A: PEMRA ensures that advertisements comply with ethical standards, do not promote prohibited material, and are clearly distinguishable from editorial content.
Q: What role does PEMRA play in promoting public service broadcasting? A: PEMRA encourages public service broadcasting by mandating content that serves educational, informational, and public interest purposes.
Q: How does PEMRA address violations of intellectual property rights in media? A: PEMRA collaborates with intellectual property authorities to address violations, ensuring that media content respects copyright and other intellectual property rights.
Q: What are the key challenges in regulating the media sector in Pakistan? A: Challenges include balancing regulation with freedom of expression, addressing misinformation, ensuring compliance with ethical standards, and adapting to technological advancements.
Q: How does PEMRA ensure the accuracy of broadcast content? A: PEMRA requires media organizations to verify information before broadcasting, adhere to ethical standards, and address inaccuracies through corrections and clarifications.
Q: What measures are in place to support the mental health and well-being of media professionals? A: Media organizations are encouraged to provide mental health support, create safe working environments, and address the stress and challenges faced by media professionals.
Q: How does PEMRA handle conflicts of interest in media ownership? A: Regulations ensure transparency in media ownership, prevent conflicts of interest, and promote fair competition within the media industry.
Q: What is the role of community media in Pakistan’s regulatory framework? A: Community media is supported to provide localized content, promote cultural diversity, and serve the specific needs and interests of local communities.
Q: How does PEMRA collaborate with international media regulatory bodies? A: PEMRA engages in international collaborations to share best practices, address cross-border media challenges, and enhance regulatory standards.
Q: What is the impact of technological advancements on media regulation? A: Technological advancements necessitate updates to regulatory frameworks, addressing new media forms, digital content, and emerging challenges in the media sector.
Q: How does PEMRA ensure that media regulations are responsive to public needs? A: PEMRA conducts public consultations, reviews feedback, and adapts regulations to ensure that media laws align with public interests and evolving societal needs.
Q & A on the regulations, licensing, content requirements, and other relevant topics regarding Media and Broadcasting laws in Pakistan
- Q: What is the main regulatory authority for media in Pakistan? A: The main regulatory authority for media in Pakistan is the Pakistan Electronic Media Regulatory Authority (PEMRA), established under the PEMRA Ordinance 2002.
- Q: What is the mandate of PEMRA? A: PEMRA’s mandate includes facilitating and regulating the establishment and operation of all broadcast media and distribution services in Pakistan.
- Q: What types of broadcasting does PEMRA regulate? A: PEMRA regulates international, national, provincial, district, local, and special target audience broadcasting.
- Q: Who has the exclusive right to issue licenses for broadcast media in Pakistan? A: PEMRA has the exclusive right to issue licenses for the establishment and operation of all broadcast media and distribution services.
- Q: How does PEMRA ensure fairness in the licensing process? A: PEMRA ensures fairness by using an open, transparent bidding process when the number of applications exceeds the number of available licenses.
- Q: What is included in the definition of ‘broadcast media’ under PEMRA laws? A: ‘Broadcast media’ includes media that originates and propagates broadcast and pre-recorded signals by terrestrial means or through satellite for radio or television, including teleporting and provision of access to broadcast signals by channel providers.
- Q: What does ‘distribution services’ entail under PEMRA regulations? A: ‘Distribution services’ includes services that receive broadcast and pre-recorded signals from different channels and distribute them to subscribers through cable, wireless, or satellite options.
- Q: Which ministry oversees telecommunications services related to media in Pakistan? A: The Ministry of Information, Broadcasting, National History and Literary Heritage oversees telecommunications services related to media in Pakistan.
- Q: Are there any foreign ownership restrictions on media services in Pakistan? A: Yes, PEMRA does not grant licenses to foreign nationals, foreign companies, or entities controlled by foreign nationals or companies.
- Q: What are the main categories for which PEMRA issues licenses? A: PEMRA issues licenses for international and national-scale stations, provincial-scale broadcasts, local area or community-based radio and TV broadcasts, specific and specialised subjects, distribution services, and up-linking facilities.
- Q: What must an applicant do to obtain a broadcasting license from PEMRA? A: An applicant must apply in the prescribed manner and form, attend public hearings, and pay the necessary fees as prescribed by the Pakistan Telecommunication Authority (PTA).
- Q: What is the validity period for a PEMRA broadcasting license? A: A PEMRA broadcasting license is valid for a period of five, ten, or fifteen years, subject to the payment of the annual fee.
- Q: Can PEMRA renew a broadcasting license? A: Yes, PEMRA can renew a license on prescribed terms and conditions, and if a renewal is refused, the reasons must be recorded in writing.
- Q: Is there a fee for processing license applications? A: Yes, every application form must be accompanied by a non-refundable application processing fee as set out in Schedule B of the PEMRA Rules 2009.
- Q: What criteria does PEMRA use to shortlist license applications? A: PEMRA uses criteria such as financial viability, technical feasibility, financial strength, credibility and track record, majority Pakistani shareholding, technical progress prospects, market advancement, and contribution to social and economic objectives.
- Q: Within what timeframe must PEMRA decide on a license application? A: PEMRA must decide on a license application within 100 days from the date of its receipt, subject to clearance from the Ministry of Interior and frequency allocation by the Frequency Allocation Board (FAB).
- Q: What are the general terms and conditions for PEMRA licensees? A: Licensees must ensure the preservation of Pakistan’s sovereignty, security, and integrity, comply with national values and public policy, avoid broadcasting offensive material, comply with PEMRA rules, and not violate copyright or other property rights.
- Q: Are there restrictions on broadcasting foreign-produced programmes? A: Yes, broadcasting foreign-produced programmes requires prior approval from PEMRA, and Indian content is specifically banned from airing on local networks.
- Q: What are the local content requirements for PEMRA licensees? A: Licensees must carry all channels of the National Broadcaster and all licensed satellite TV and foreign satellite TV channels with landing rights permission, and provide a basic service that includes religious, educational, informational, news, and entertainment content.
- Q: Is online advertising regulated the same way as broadcast media advertising? A: Broadcast media advertising is regulated by PEMRA, and advertisements must comply with various laws and codes, including the Motion Pictures Ordinance 1979 and the Electronic Media (Programmes and Advertisements) Code of Conduct 2015.
- Q: What restrictions apply to advertisements targeted at children? A: Advertisements targeted at children must not directly ask children to buy the product.
- Q: What types of advertisements are prohibited under PEMRA regulations? A: Advertisements promoting obscenity, violence, harmful activities, alcoholic beverages, tobacco products, illegal drugs, narcotics, lotteries, gambling, and betting are prohibited.
- Q: Are health-related advertisements allowed without permission? A: No, health-related advertisements require prior permission from the federal or provincial government and must comply with the terms and conditions of the permission.
- Q: Can PEMRA licensees broadcast advertisements for black magic or quackery? A: No, advertisements promoting black magic, quackery, or superstition are prohibited.
- Q: Are there any must-carry obligations for PEMRA licensees? A: Yes, PEMRA licensees must carry all channels of the National Broadcaster and licensed satellite TV channels, providing a basic service that includes a bouquet of satellite TV channels with various content types.
- Q: Is there a prescribed mechanism for financing the costs of must-carry obligations? A: No, there is no prescribed mechanism for financing the costs of must-carry obligations.
- Q: How does PEMRA plan to regulate new media content and delivery? A: PEMRA is in the process of bringing web TV and OTT content services within its regulatory framework and has prepared a draft bill for this purpose.
- Q: What is the status of the switchover from analogue to digital broadcasting in Pakistan? A: The transition to digital cable TV systems has not yet been completed due to litigation related to the auction of DTH licenses.
- Q: How are radio frequencies allocated in Pakistan? A: The Pakistan Table of Frequency Allocations, aligned with International Telecommunication Union Radio Regulations, governs the allocation of radio frequencies.
- Q: Can broadcasters use their spectrum for any purpose they choose? A: No, spectrum must be used for the purpose it was assigned by the Frequency Allocation Board (FAB) unless otherwise specified in the license.
- Q: Is there a process for assessing media plurality in Pakistan? A: No, there is no publicly available process for assessing media plurality in Pakistan.
- Q: What is the role of the Freedom Network in Pakistan’s media landscape? A: The Freedom Network operates a media ownership monitor for Pakistan, although its data’s accuracy cannot be confirmed.
- Q: What are some key emerging trends in media regulation in Pakistan? A: One key trend is PEMRA’s effort to regulate web TV and OTT content services by bringing them within its regulatory framework.
- Q: How does PEMRA handle the broadcasting of programmes that might create public disorder? A: PEMRA prohibits the broadcasting of programmes that it believes could create public disorder, endanger national security, or be offensive to common decency standards.
- Q: What is the process for renewing a PEMRA broadcasting license? A: The PTA may renew a PEMRA broadcasting license on prescribed terms and conditions, and if a renewal is refused, the reasons must be recorded in writing.
- Q: Are PEMRA licensees required to ensure the security and integrity of Pakistan? A: Yes, licensees must ensure the preservation of Pakistan’s sovereignty, security, and integrity.
- Q: What are the restrictions on the transfer of rights conferred by a PEMRA license? A: Licensees cannot sell, transfer, or assign any rights conferred by the license without prior written permission from PEMRA.
- Q: Are there any specific content restrictions for PEMRA licensees? A: Yes, licensees must ensure that their programmes and advertisements do not contain or encourage violence, terrorism, discrimination, extremism, or other offensive material.
- Q: Can PEMRA licensees broadcast foreign satellite TV channels without permission? A: No, licensees can only broadcast foreign satellite TV channels that have obtained landing rights permission from PEMRA.
- Q: What are the requirements for advertising alcoholic beverages on broadcast media? A: Advertisements for alcoholic beverages are prohibited on broadcast media.
- Q: Are PEMRA licensees required to air specific types of programmes? A: Yes, licensees must carry channels with religious, educational, informational, news, and entertainment content as part of their basic service.
- Q: Can PEMRA licensees broadcast health-related advertisements without permission? A: No, health-related advertisements require prior permission from the relevant government authority.
- Q: Are there any limitations on the amount of advertising space on a broadcast screen? A: Yes, advertisements in the form of subtitles, logos, or sliding texts must not exceed one-tenth of the whole screen.
- Q: What obligations do PEMRA licensees have regarding public interest programmes? A: Licensees must broadcast public interest programmes specified by the federal government or PEMRA, which should not exceed 10% of the total broadcast duration.
- Q: Are there any regulations for the cross-ownership of media companies in Pakistan? A: Yes, PEMRA restricts the ownership of broadcasters to ensure that the majority of shares and management control remain with Pakistani nationals.
- Q: What is the role of the Ministry of Information, Broadcasting, National History and Literary Heritage in media regulation? A: This ministry oversees telecommunications services related to media and works in conjunction with PEMRA.
- Q: Can PEMRA licensees import broadcasting equipment without permission? A: No, licensees must obtain a No Objection Certificate (NOC) from PEMRA before importing any broadcasting, distribution, or teleporting apparatus.
- Q: What are the content restrictions for advertisements on broadcast media? A: Advertisements must comply with the laws in force, not promote harmful activities, and avoid exploiting religious or nationalistic sentiments for product promotion.
- Q: Are there any restrictions on the use of religious symbols in advertisements? A: Yes, the exploitation of religious or nationalistic sentiments and use of religious or national symbols purely for product promotion is prohibited.
- Q: How does PEMRA regulate the advertisement of illegal drugs or narcotics? A: Advertisements for illegal drugs or narcotics are prohibited on broadcast media.
- Q: Are PEMRA licensees required to appoint a monitoring committee? A: Yes, licensees must appoint an in-house monitoring committee to ensure compliance with PEMRA’s Code of Conduct.
- Q: Can PEMRA licensees air programmes that violate copyright laws? A: No, licensees cannot broadcast or distribute any programme or advertisement that violates copyright or other property rights.
- Q: Are there any regulations for teleshopping advertisements? A: Yes, teleshopping advertisements must conspicuously identify applicable charges, inclusive of all taxes.
- Q: What are the obligations of PEMRA licensees regarding cultural and social values? A: Licensees must ensure that their content preserves national, cultural, social, and religious values and adheres to public policy principles enshrined in the Constitution.
- Q: How does PEMRA regulate the broadcasting of Indian content? A: PEMRA has banned the airing of Indian content on local networks in Pakistan.
- Q: Are there any specific requirements for foreign satellite TV channels to be broadcast in Pakistan? A: Yes, foreign satellite TV channels must obtain landing rights permission from PEMRA to be broadcast in Pakistan.
- Q: What is the status of web TV and OTT content services regulation in Pakistan? A: Web TV and OTT content services are not currently regulated by PEMRA, but efforts are underway to bring these services within its regulatory framework.
- Q: What are the must-carry channels that PEMRA licensees must provide? A: Must-carry channels include those of national broadcasters, non-commercial educational channels, and other free-to-air channels determined by PEMRA.
- Q: How are the fees for PEMRA broadcasting licenses determined? A: Fees are prescribed by the PTA and must be paid upon application and annually thereafter.
- Q: Can PEMRA licensees charge a subscription fee for must-carry channels? A: Licensees cannot charge a subscription fee higher than the maximum fee prescribed by PEMRA for must-carry channels.
- Q: What are the general responsibilities of PEMRA licensees concerning advertisements? A: Licensees must ensure that advertisements comply with PEMRA Laws, the Motion Pictures Ordinance 1979, and the Electronic Media Code of Conduct 2015.
- Q: Can PEMRA licensees broadcast programmes that are against the ideology of Pakistan? A: No, licensees are prohibited from broadcasting programmes that are against the ideology of Pakistan or likely to create hatred among people.
- Q: What is PEMRA’s stance on the digital switchover for broadcasting? A: The digital switchover from analogue broadcasting has been delayed due to litigation concerning DTH licenses.
- Q: How does PEMRA handle applications for broadcast licenses? A: PEMRA processes each application based on prescribed criteria, holds public hearings, and decides on the application within 100 days, subject to necessary clearances.
- Q: Are there any content requirements for PEMRA licensees regarding obscenity and vulgarity? A: Licensees must ensure that their programmes and advertisements do not contain or encourage obscenity, vulgarity, or other material offensive to commonly accepted standards of decency.
- Q: What is required for a PEMRA licensee to operate an in-house distribution channel? A: Licensees must obtain permission from PEMRA and comply with terms and conditions, including payment of fees and ensuring only Pakistani content is distributed.
- Q: How does PEMRA regulate the financial viability of license applicants? A: PEMRA evaluates the financial viability of applicants as part of the criteria for shortlisting license applications.
- Q: Can PEMRA licensees discriminate against licensed TV channels in their broadcast offerings? A: No, licensees cannot discriminate against any licensed TV channel or landing rights permission holder in offering their broadcast or distribution platform.
- Q: What are the penalties for PEMRA licensees who broadcast illegal advertisements? A: Licensees are held liable for airing illegal or prohibited advertisements and must ensure compliance with all relevant laws.
- Q: Are there any requirements for the format of advertisements on broadcast media? A: Yes, advertisements must be readily recognisable as such and kept separate from programmes.
- Q: Can PEMRA licensees promote gambling or betting in their advertisements? A: No, advertisements promoting gambling or betting, as prohibited under the Pakistan Penal Code, are not allowed.
- Q: What is the maximum screen space allowed for advertisements in the form of subtitles or logos? A: Advertisements in the form of subtitles, logos, or sliding texts must not exceed one-tenth of the whole screen.
- Q: What are PEMRA’s requirements for the technical feasibility of license applicants? A: Applicants must demonstrate technical feasibility as part of the criteria for obtaining a PEMRA license.
- Q: Are PEMRA licensees required to ensure market advancement in their services? A: Yes, applicants must show prospects for market advancement, such as improved service features or market concepts, as part of the license application criteria.
- Q: What are PEMRA’s objectives regarding universal service contributions? A: Applicants must contribute to universal service objectives as part of the criteria for obtaining a PEMRA license.
- Q: Can PEMRA licensees broadcast programmes that encourage extremism or militancy? A: No, PEMRA licensees are prohibited from broadcasting programmes that encourage extremism, militancy, or other harmful activities.
- Q: Are there any requirements for PEMRA licensees to broadcast public service announcements? A: Yes, licensees may be required to broadcast public service announcements specified by the federal government or PEMRA.
- Q: Can PEMRA licensees air advertisements that promote black magic or superstition? A: No, such advertisements are prohibited under PEMRA regulations.
- Q: What is the process for obtaining a license to import broadcasting equipment? A: Licensees must obtain a No Objection Certificate (NOC) from PEMRA before importing any broadcasting equipment.
- Q: How does PEMRA handle complaints against licensees? A: PEMRA investigates complaints and takes necessary action against licensees found to be in violation of regulations.
- Q: Are PEMRA licensees required to maintain editorial independence? A: Yes, sponsors, advertisers, or other authorities must not influence the content of programmes in a way that impairs the editorial independence of broadcasters.
- Q: What are the consequences for PEMRA licensees who broadcast prohibited content? A: Licensees may face penalties, including fines, suspension, or revocation of their license for broadcasting prohibited content.
- Q: How does PEMRA regulate the financial strength of license applicants? A: Applicants must demonstrate financial strength as part of the criteria for obtaining a PEMRA license.
- Q: Can PEMRA licensees broadcast advertisements for tobacco products? A: No, advertisements for tobacco products are prohibited on broadcast media.
- Q: What is the process for renewing a PEMRA broadcasting license? A: The PTA may renew a PEMRA broadcasting license on prescribed terms and conditions, and if a renewal is refused, the reasons must be recorded in writing.
- Q: Are PEMRA licensees required to air specific types of programmes? A: Yes, licensees must carry channels with religious, educational, informational, news, and entertainment content as part of their basic service.
- Q: Can PEMRA licensees broadcast health-related advertisements without permission? A: No, health-related advertisements require prior permission from the relevant government authority.
- Q: Are there any limitations on the amount of advertising space on a broadcast screen? A: Yes, advertisements in the form of subtitles, logos, or sliding texts must not exceed one-tenth of the whole screen.
- Q: What obligations do PEMRA licensees have regarding public interest programmes? A: Licensees must broadcast public interest programmes specified by the federal government or PEMRA, which should not exceed 10% of the total broadcast duration.
- Q: Are there any regulations for the cross-ownership of media companies in Pakistan? A: Yes, PEMRA restricts the ownership of broadcasters to ensure that the majority of shares and management control remain with Pakistani nationals.
- Q: What is the role of the Ministry of Information, Broadcasting, National History and Literary Heritage in media regulation? A: This ministry oversees telecommunications services related to media and works in conjunction with PEMRA.
- Q: Can PEMRA licensees import broadcasting equipment without permission? A: No, licensees must obtain a No Objection Certificate (NOC) from PEMRA before importing any broadcasting, distribution, or teleporting apparatus.
- Q: What are the content restrictions for advertisements on broadcast media? A: Advertisements must comply with the laws in force, not promote harmful activities, and avoid exploiting religious or nationalistic sentiments for product promotion.
- Q: Are there any restrictions on the use of religious symbols in advertisements? A: Yes, the exploitation of religious or nationalistic sentiments and use of religious or national symbols purely for product promotion is prohibited.
- Q: How does PEMRA regulate the advertisement of illegal drugs or narcotics? A: Advertisements for illegal drugs or narcotics are prohibited on broadcast media.
- Q: Are PEMRA licensees required to appoint a monitoring committee? A: Yes, licensees must appoint an in-house monitoring committee to ensure compliance with PEMRA’s Code of Conduct.
- Q: Can PEMRA licensees air programmes that violate copyright laws? A: No, licensees cannot broadcast or distribute any programme or advertisement that violates copyright or other property rights.
- Q: Are there any regulations for teleshopping advertisements? A: Yes, teleshopping advertisements must conspicuously identify applicable charges, inclusive of all taxes.
- Q: What are PEMRA’s requirements for the technical feasibility of license applicants? A: Applicants must demonstrate technical feasibility as part of the criteria for obtaining a PEMRA license.
- Q: Are PEMRA licensees required to ensure market advancement in their services? A: Yes, applicants must show prospects for market advancement, such as improved service features or market concepts, as part of the license application criteria.
Older Article Continues Below
Introduction
The media in Pakistan is a great source of information via both its electronic and paper divisions it has provided awareness and news to the people for more than a decade now. Previously we only had national television and it is still the main source of information in many rural parts of Pakistan where there is no communication infrastructure available. Thanks to the miracle of Cable and Satellite TV, current media is very much advanced in terms of channels pertaining to entertainment, news, sports, infotainment, religious and other types of channel. In addition to the above there is also a variety of locally published online and paper newspapers, which contain information on almost all aspects of modern life and politics in Pakistan.
The National television is PTV (Pakistan Television), which has its own variety of channels and was originally a private Pakistani project collaboration with a Chinese company but was soon taken over by the then President General Ayub Khan and was made a part of State. Pakistan’s first private channel was STN, which went on air in 1990 and was considered as an alternative source of entertainment at that time but this was only available in major cities of the country. With the passage of time people started developing interest in satellite receivers where mostly preferred networks were Indian and Western Music and drama channels. But in the late 90s and early 2000s we had our own Pakistani private TV channels coming up such as Indus Vision, on Geo and so on.
Basic Legal Framework
In order to keep a check on these channels and media at large, for reasons for decency and defence, the Government of Pakistan came up with a basic legal framework for electronic media law through many Acts, Rules and Ordinances. The Pakistani electronic media legislation is scattered in different laws, regulations and rules. The major national laws that contain electronic media are Pakistan Electronic Media Regulatory Authority Ordinance 2007, Pakistan Electronic Media Regulatory Authority Rules 2002, Broadcasting Regulations 2002, Cable TV Regulations and Council of complaint (Organisation and Function) Regulations 2002.
These laws, regulations and statutes, generally very similar to each other, concern issues of licences, ineligibility for licence and lay down the terms and conditions imposed on the licensee, establish a council for complaints, prohibition, offence and penalty and appeal. These laws provide definitions of broadcast media, broadcast station, broadcaster, cable TV, cable television operator, cable television system, copyright, council, electronic media, eligible channel, illegal broadcast operation,illegal cable TV operation, licence, and program etc.
Pakistan Electronic Media Authority (PEMRA) Ordinance in 2002
This article is mainly about the Pakistan Electronic Media Authority (PEMRA) Ordinance in 2002, which established PEMRA as regulatory authority in Pakistan for Media. The authority works under cabinet division of Government of Pakistan (GOP), which comes under direct command/control of Prime Minister.
The preamble of the Act states the following objectives:
- To improve the standard of information, education and entertainment, enlarge the choice available to the people of Pakistan in the news media, current affairs, religious knowledge, art, culture, science, technology, economic development, social sector concerns, music, sports, drama and other subjects of public and national interest;
- To facilitate the devolution of responsibility and power to the grass-roots by improving access of the people to mass media at the local and community level; an
- To ensure accountability, transparency and good governance by optimising the free flow of information.
The main functionof the PEMRA Authority is being responsible for regulating the establishment and operation of all broadcast media and distribution services in Pakistan established for the purpose of international, national, provincial, district, local or special target audiences. The Authority regulates the distribution of foreign and local TV and radio channels in Pakistan.
Role of the Electronic Media Regulatory Authority (PEMRA)
The Electronic Media Regulatory Authority (PEMRA) controls electronic media by implementing the national legislation governing electronic media, some of which were adopted to implement international treaty obligations.
Issuing of Licences
The Authority has exclusive right to issue a licence for the establishment and operation of all broadcast media and distribution services within 100 days. It has the power to determine the number of licences to be issued in each category and charges fees for the grant of a licence and annual renewal.
The Authority evaluates the application as to economic viability, technical competence, financial capability, credibility and track record and the extent of Pakistani share in ownership. The authority can impose any other condition as appears necessary.
The Authority calls for tender through advertising and determines the number of licences to establish and operate a broadcast station. After receiving the applications the Authority forwards them to the Frequency Allocation Board (FAB) for frequency allocation and issues the licence after allocation frequency.
Declaring Licences Ineligible
There are criteria for refusing the licence, namely that the applicant is not a Pakistani citizen or resident in Pakistan, a foreign company established under a foreign law, or the company’s majority of shares are owned or controlled by foreigners and managed by a foreigner, the first application was rejected due to contravention of a provision of the Act or the applicant is made by any person funded orsponsored by a foreign government, foreign non-government organisation, organisation, and cross media restriction.
The Authority can refuse a licence on the ground if it is against the public interest. But there is no definition of public interest anywhere in these media statutes.
Setting Up and Maintaining Complaint Councils
There are five offices of the Complaint Councils.One is in the federal capital Islamabad headed by a Coordinating Officer and the remaining four are regional councils in provincial capitals and fully competent to take action on the complaints. The Councils receive complaints directly from the public or the Authority. A broadcast and a cable TV network station etc. about program broadcasts or programmes distribute these complaints. The Councils can recommend to the Authority the action/opinionof censure fine and or revocation of licence. The Councils must dispose of the matter within 30 days. The Councils have the power to summon a licensee against whom a complaint has been made and call for his explanation regarding any matter. After that, Councils may recommend the suspension or revocation of a licence or censure or impose a fine on a licensee for violating the Code of Conduct for programmes and advertisements to the Authority. Each Council has six members headed by commissioner who hold these positions for two years. A minimum of one meeting in every month must take place.
The Councils monitor all aspects of broadcasts including the programmes’ content and quality of standards of the transmissions of the broadcast stations. They keep the Authority informed regarding the feedback and public response to the contents, quality and impact of the programmes and advertisements broadcast. The Councils submit monthly reports to the Authority with regard to the evaluation of the programmes, advertisements, their contents and quality. The monthly reports also include the number of complaints received and disposed of by the Councils.
The Councils are recommendatory bodies and assist the Authority in carrying out the objectives and purposes of the PEMRA Ordinance. They work independently under the supervision of the Authority.
Prohibition
The Authority or an officer may prohibit the broadcasting, re-broadcasting or distributing any program or advertisement on the grounds that it raises hatred among the people or it is prejudicial to the maintenance of law or disturbance of the peace and endangers national security or it is against Ideology of Pakistan or pornographic, obscene or vulgar etc. A foreign broadcasting service may also be prohibited as unacceptable.
A person who has a broadcast media licence or landing rights permission cannot sell its air time to any foreign broadcaster without prior permission from Authority. The licensee cannot merge or amalgamate with any other person without the prior approval of the Authority.
Offences and Penalties
The Authority may impose imprisonment of three years or a fine or both, if anyone damages, removes, tampers or commits theft of any equipment of a broadcasting media or distribution service station. Upon information supplied by the Authority, the courts in Pakistan can issue search warrants against unlicensed broadcast media or distribution service operators and seize all or any equipment.But the Authority required some amendment in laws with regard to absolve of its function.
“Another amendment requires federal, provincial and district governments to assist the Authority in [the] discharge its functions. This means [the] police has been empowered to take action on a report from an authorized PEMRA official. Similarly the bill also allows PEMRA officials to get a search warrant from the Court” (which court, it hasn’t been defined) and raid with the help of police any premises, which is suspected of housing an illegal broadcasting station.”
Any broadcaster media licensee or its representative who violates or assists the violation of any provision of the Ordinance is liable to imprisonment three years imprisonment or fine or both. Any distribution service licensee or its representative who violates or assists the violation of any provision of the Ordinance is liable to one-year imprisonment or fine or both. If these acts are done by a person, who has no licence than four years imprisonment or a fine or both may be imposed, and in addition to confiscation of the equipment.
The Authority authorises an officer/official to inspect the place where the illegal operation is being carried out. The officer is assisted by the local law enforcing authorities as well as his own force and may seize the equipment being used for the illegal operation but needs prior permission of the Authority. Any cable TV operator or person who violates or assists the violation of any provision of the Ordinance is liable to imprisonment for six months or fine or both. Where they repeat the same acts then three years imprisonment or fine or both.If a person, who has no licence, carries out the illegal act then the law provides for four years imprisonment or a fine or both. Furthermore, the equipment will also be confiscated.
The Authority has the power to revoke or suspend the licence of a broadcast media or distribution service on the following grounds, failed to pay the fee, the annual renewal fee or any other charges including fine, failed to comply with any condition imposed on the licensee or contravened any provision of the ordinance or rule or regulation. It can also impose a fine up certain amount after giving notice and considering the explanation of the cable TV operator.
The Councils may recommend to the Authority appropriate action of censure, fine against a broadcast or cable TV network station or licensee for violation of the Code of Conduct for programmes and advertisements.
The Ordinance clearly states that the abovementioned offences are compoundable and cognisable.
Appeal
The aggrieved person may appeal to the Authority within 30 days against the action of the Authority’s officer and the Authority will decide the matter within 45 days. After that, a further appeal to the Higher Court is possible within 30 days against the decision or order of the Authority.
Conclusion
As the legal counsel for PEMRA in many cases, I have been able to note a trend of ‘hyper-litigation’ in the recent years where internal bureaucrats running the institution have used these regulations and other constitutional loopholes to challenge each other’s offices and seniority. Many of these rules were set up with a good intention and it has been unfortunate that many of these have been used as a vehicle for political mud slinging. The PEMRA as an institution controlling media requires stability and also a trend of obvious neutrality.
I will be commenting upon the recent saga of the Geo News Ban on PEMRA in another article, in terms of its constitutional impact and the state of blasphemy laws in our country.
