Update 2024
The Pakistan Electronic Media Regulatory Authority (PEMRA) Ordinance, enacted in 2002, continues to play a contentious role in regulating media freedom in Pakistan. Over the years, amendments to the PEMRA Ordinance have been introduced, aiming to balance media regulation with the protection of media workers’ rights and the accountability of media content. However, these changes have been met with mixed reactions, raising concerns about media freedom and government control.
The recent PEMRA Amendment Bill 2023 reflects extensive consultations with stakeholders, including media workers’ organizations and media house owners. The bill aims to address issues such as fake news, disinformation, and timely payment of salaries to media workers. It introduces measures to ensure media workers are paid within two months and imposes penalties on media houses that fail to comply. Additionally, the bill increases fines for spreading false news from Rs. 1 million to Rs. 10 million and mandates authentic news content related to societal tolerance and development (Dawn, 2023).
Despite these seemingly positive steps, critics argue that the amendments further empower PEMRA to act as a tool for government censorship. The bill allows PEMRA to access human resource data from media houses and potentially use this information to exert control over journalists and media organizations. This concern is amplified by PEMRA’s historical role in shutting down channels, terminating live interviews, and blocking broadcasts that criticize the government (Human Rights Watch, 2023).
The amendments have also introduced representation for the Pakistan Federal Union of Journalists (PFUJ) and the Pakistan Broadcasters Association (PBA) on the PEMRA board. However, these positions are honorary and non-voting, which raises questions about their actual influence on decision-making. Furthermore, the inclusion of new clauses defining fake news, disinformation, and misinformation, while intended to improve accountability, may also be used to stifle legitimate criticism and dissent (Geo News, 2023).
The debate around these amendments underscores the ongoing struggle to find a balance between regulating media to prevent disinformation and protecting the independence and freedom of the press. The effectiveness and fairness of these regulations will only become clear once they are implemented and tested in real-world scenarios. The government, media entities, and civil society must work collaboratively to ensure that media regulations uphold journalistic integrity without infringing on fundamental freedoms.
Ultimately, the situation highlights the need for an independent regulatory body that can oversee media operations without undue government influence. Comparisons have been made to the Federal Communications Commission (FCC) in the United States and the News Broadcasting Standards Authority in India, which are state-approved but operate independently. Such a model could help Pakistan navigate the complexities of media regulation while safeguarding press freedom (Geo News, 2023).
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It was not until the late nineties that independent private TV channels and media houses emerged in Pakistan. This development was facilitated by then-President Musharraf, allowing these entities to compete with the state-run Pakistan Television (PTV) channel. Subsequently, the government began issuing licenses to media houses to operate their channels, which necessitated the establishment of a regulatory body, the Pakistan Electronic Media Regulatory Authority (PEMRA), to oversee and regulate these channels.
PEMRA and its foundational ordinance have been the subject of criticism for allegedly contravening the Constitution of Pakistan, which guarantees freedom of the press and expression as a fundamental right under Article 19. This article states, “Every citizen shall have the right to freedom of speech and expression, and there shall be freedom of the press, subject to any reasonable restrictions imposed by law in the interest of the glory of Islam or the integrity, security or defense of Pakistan or any part thereof, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, [commission of] or incitement to an offence.”
Critics argue that the executive branch has exploited the “reasonable restrictions imposed by law” clause to establish the draconian government media watchdog, PEMRA, under the PEMRA Ordinance 2002, with the intent of regulating private electronic media. On 16 May 2006, the National Assembly adopted an amendment to PEMRA, which empowered the authorities to shut down broadcasting channels for telecasting content deemed “offensive to commonly accepted standards of decency.” The amended Act also authorized PEMRA to seize equipment, withdraw licenses, and conduct investigations, and it granted the police the power to arrest electronic media journalists without a warrant. Violations could result in prison sentences of up to three years.
In February 2007, further amendments were made to the PEMRA Act, introducing even more stringent provisions. An amended sub-section (5) of Section 29 states: “Provided further that the Authority or the chairman may seize a broadcast or distribution service equipment or seal the premises, which is operating illegally or (in) contravention of orders passed under Section 30.” Additionally, Section 39(A) authorized PEMRA to make rules and regulations independently, by merely issuing notifications in the official gazette. The amendment also increased the fines for violators from Rs. 1 million to Rs. 10 million.
Initially, the PEMRA Act included a three-member committee with one nominee each from the licensee and PEMRA, and a retired judge of a high court or the Supreme Court to recommend the cancellation of a license upon receiving complaints. However, in February 2007, the law was amended to replace this committee with a Council of Complaints, whose opinion must be sought before cancelling a license. Nonetheless, the government has yet to constitute a Council of Complaints that is free from criticism.
International law conventions potentially violated by PEMRA include:
- Article 19 of the Universal Declaration of Human Rights, which states: “Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.”
- Article 14 of the International Covenant on Civil and Political Rights (ICCPR), which guarantees the right to a fair trial:
- Article 14(1) ensures that all persons are equal before the courts and tribunals and are entitled to a fair and public hearing by a competent, independent, and impartial tribunal established by law.
- Article 14(2) presumes innocence until proven guilty according to law.
- Article 14(3) outlines the minimum guarantees for individuals facing criminal charges, including the right to be informed promptly and in detail of the nature of the charges, to have adequate time and facilities to prepare a defense, to be tried without undue delay, to examine witnesses, and to have legal assistance.
- Article 14(5) provides the right to review of conviction and sentence by a higher tribunal.
- Article 14(6) allows for compensation in cases of miscarriage of justice.
- Article 19 of the ICCPR (1976), which affirms:
- Everyone has the right to hold opinions without interference.
- Everyone has the right to freedom of expression, which includes the freedom to seek, receive, and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing, or through any other media.
- The exercise of these rights carries special duties and responsibilities and may be subject to certain restrictions that are provided by law and necessary for respect of the rights or reputations of others, protection of national security, public order, public health, or morals.
The establishment and operation of PEMRA, particularly following the amendments, appear to contravene these international norms, which Pakistan is obligated to uphold. The overreach in regulatory authority and punitive measures against media personnel raise significant concerns regarding adherence to constitutional guarantees and international human rights standards.
