Pakistan Electronic Media Regulatory Authority is a body made in 2002 for regulating and controlling Pakistan’s Private and Public Media. There said mandate is to Improve the standards of information, education and entertainment ; Enlarge the choice available to the people of Pakistan 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 ; Facilitate the devolution of responsibility and power to the grass roots by improving the access of the people to mass media at the local and community level ; Ensure accountability, transparency and good governance by optimization the free flow of information.
PEMRA Ordinance 2002 was first presidential ordinance for regulating and controlling Pakistani Private and Public Media, imposed by the General Parvez Musharraf. The main calluses from this ordinance
1. The Authority shall be 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.
2. The Authority shall be 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.
3. The Authority may, by general or special order, delegate to the Chairman or a member or any member of its staff, or an expert, consultant, adviser, or other officer or employee of the Authority any of its powers, responsibilities or functions under this Ordinance subject to such conditions as it may by rules prescribe:
4. Provided that the delegation of such power shall not include the power to grant, revoke or cancel a broadcast media or distribution service licence except Cable TV.
5. The Authority shall have exclusive right to issue licences for the establishment and operation of all broadcast media and distribution services, provided that this exclusive right shall be used by the Authority in conformity with the principles of fairness and equity applied to all potential applicants for licences whose eligibility shall be based on prescribed criteria notified in advance and that this shall be done through an open, transparent bidding process: Provided that the bidding shall be held if the number of applications exceeds the number of licences to be issued by the Authority.
6. No person shall be entitled to the benefit of any monopoly or exclusivity in the matter of broadcasting or the establishment and operation of broadcast media or distribution service48 or in the supply to or purchase from, a national broadcaster of air time, programmes or advertising material and all existing agreements and contracts to the extent of conferring a monopoly or containing an exclusivity clause are, to the extent of exclusivity, hereby declared to be inoperative and of no legal effect.
Following clauses are considered the weapons for murdering media’s freedom
27. Prohibition of broadcast media or distribution service operation60:- The Authority shall by order in writing, giving reasons therefore, prohibit any broadcast media or distribution service operator from –
(a) broadcasting or re-broadcasting or distributing any programme or advertisement if it is of the opinion that such particular programme or advertisement is against the ideology of Pakistan or is likely to create hatred among the people or is prejudicial to the maintenance of law and order or is likely to disturb public peace and tranquility or endangers national security or is pornographic, obscene or vulgar or is offensive to the commonly accepted standards of decency; or
(b) engaging in any practice or act which amounts to abuse of media power by way of harming the legitimate interests of another licensee or willfully causing damage to any other person.
28. Suspension of broadcast media or distribution service61.- A broadcast media or distribution service62 operator shall not cease or suspend broadcasting except on account of force majeure or with the prior approval of the Authority.
29. Power to authorize inspection (1) The Authority may authorize any of its officers or its nominees to enter the premises of a broadcast media or distribution service63 operator for purposes of inspection64.
(2) A broadcast media station or distribution service premises65 shall, at all reasonable times, be open to inspection by an authorized officer under sub-section (1) and the licensee shall provide such officer with every assistance and facility in performing his duties.
(3) The authorized officer shall, within forty-eight hours of the inspection, submit his inspection report to the Authority.
(4)66 The Authority may authorize any of its officers to undertake investigation, in the manner it may prescribe, in any matter with regard to its functions and to seek any specific information, from any person, which the Authority may deem useful in order to enable it to determine and dispose of such matter.
(5) The Authority or as the case may be the Chairman, after issuing show cause notice to broadcast media or distribution service may seize its broadcast or distribution service equipment, or seal the premises, which is being used in contravention of the provisions of this Ordinance or the rules made thereunder or any other law:
Provided that the equipment shall be returned to the holder of a valid licence after imposing on him such penalty as the Authority may determine.
(6) The Authority may, after the licensee has been, given reasonable opportunity to show cause, impose fine up to one million rupees on a licensee who contravenes any of the provisions of this Ordinance or the rules or regulations made thereunder.
With the help of this black ordinance, both Musharraf and PPP government tried to control media, but the People’s Resistance stands with the journalists in their ongoing struggle for media freedom against all irritants, including recent amendments in PEMRA ordinance and RPPO, and restrictions on private TV channels and on their editorial content.
Citizens were invited to express their peaceful defiance and join journalists to individually light candles symbolic of the human freedom of thought and expression in the darkness imposed by the martial law-emergency. Participants of the vigil, including children, stamped their hand-prints on a white banner, symbolic of their support and salute to the organizations, journalists, writers, and staff who are standing for freedom of expression.
Regards,
Muhammad Owais
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