Editorial by the writer, published in Dawn on May 19, 2005



Controlling electronic media



The enforcement clauses contained in the Pemra Amendment Bill (2005) passed by the National Assembly constitute a retrograde step as far the freedom of the electronic media is concerned. Passed hurriedly without a debate after rushing it through the parliamentary standing committees concerned, the legislation substantially increases the control of the government over the electronic media. Several new provisions have been added to the existing law seeking to strengthen the regulatory authority’s powers to shut down a channel on grounds of any of its programmes presumed to have vulgar or obscene content. However, in doing so the definition of what is obscene or vulgar has not been clearly defined. Also, Pemra has been empowered to close down any radio or TV channel which it thinks airs or telecasts material “offensive to commonly accepted standards of decency”. This a very ambiguous and arbitrary provision which, given the tendency of governments in Pakistan, could well be misused by the authority to keep in check broadcasters who are seen to air programmes critical of government policies. Besides, what exactly are “commonly accepted standards of decency”?

In addition to all this, a committee to be headed by a retired judge where, under the 2002 law, the proprietor of a TV or radio station could file an appeal against cancellation of his licence by Pemra, has been dispensed with. In fact, under the new law, the authority has been empowered to confiscate equipment on mere suspicion before applying any penalty. This sets a dangerous precedent and goes against the tenets of natural justice because it equates mere suspicion with established guilt by allowing Pemra to seize equipment without giving the licence-holder an opportunity to contest the charge made by the regulator. Also, the composition of Pemra has been altered to ensure a majority of members in favour of the government. Clearly, the new Pemra law, especially the sweeping connotation of what are “commonly accepted standards of decency”, seems specifically to strengthen the official control over the electronic media and makes a mockery of the government claim of being a fervent upholder of media freedom.