Pakistan Electronic Media Regulatory Authority (reporting name: PEMRA), is an independent and constitutionally established federal institution
responsible for regulating and issuing channel licenses for
establishment of the mass-media culture, print and electronic media.[1]Codified under the Article 19: Chapter I of the Constitution of Pakistan,
it has jurisdiction to impose reasonable restrictions in the interest
of the religion, the integrity, national security of Pakistan.[2]
Established on March 1, 2002, Pemra's principal objectives are to
facilitate and regulate the private electronic mass-media industry and
to improve the standards of information, education and entertainment.[2]Its constitutional mandate is to enlarge the choice available to the people of Pakistan including news, current affairs, religious knowledge, art and culture as well as science and technology.[3] As of present, it is currently chaired by Chaudhry Rashid Ahmad as its designated and appointed chairman from the government of Pakistan.[4]
Constitutional status and definition
The constitutional freedom of speech and press are highlighted in the
constitution of Pakistan. Under the Article 19 and Article 19A of
Fundamental Rights in the Constitution of Pakistan. The Constitution
grants PEMRA following powers:
- Improve the standards of information, education and entertainment.[3]
- 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.[3]
- 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.[3]
- Ensure accountability, transparency and good governance by optimization in the free flow of information.[3]
“ | 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.
Article 19(A)— Right to information: Every citizen shall have the
right to have access to information in all matters of public importance
subject to regulation and reasonable restrictions imposed by law. |
” |
—Article 19-19(A): Fundamental Rights and Principles of Policy; Part-II, Chapter 1: Fundamental Rights, source: The Constitution of Pakistan[5]
|
Overview
The Authority is responsible for facilitating and regulating the
establishment and operation of all private broadcast media and
distribution services in Pakistan established for the purpose of
international, national, provincial, district, and local or special
target audiences.
History
The Pakistan Electronic Media Regulatory Authority (PEMRA) was
promoted by the government as an open media policy reform and was
fortified with strong regulatory teeth. The establishment of PEMRA was
initiated in 2000, during President Musharraf's term; through the
formation of the Regulatory Authority for Media Broadcast Organisations
(RAMBO) which was mandated to improve standards of information,
education and entertainment; expand the choice available to the people
of Pakistan in the media for news, current affairs, religions knowledge,
art, culture, science, technology, economic development, social sector
concerns, music, sport, drama and other subjects of public and national
interest; facilitate the devolution of responsibility and power to grass
roots by improving the access to mass media at the local and community
level; and lastly, to ensure accountability, transparency and good
governance by optimising the free flow of information.
Many pro-democratic campaigners consider this four-point mandate to
be a solid foundation supporting democracy processes and comprehensive
media liberalisation. However, the general opinion among media
practitioners is that PEMRA only acted as a licence issuing office that
has implemented regulatory barriers for broadcasters. "It is a Bhatta
(money extortion in Urdu)
body that collects money from broadcasting operators in a legal way.
Nothing more can be expected." notes media law activist and journalist
Matiullah Jan. The PEMRA laws were utilized by the Musharraf
regime in his attempts to tame the media. Some stations were shut down
and some were under severe harassments using these laws. The 12-member
authority was dominated by bureaucrats and ex-police officers - a
phenomenon that had been partly changed after the assumption of office
by the present government. However, media activists are still not
comfortable with the composition of the 12-member committee where they
highlight the need of a greater representation from the media itself.
"Regulation of the TV and Radio should be through the participation and
representation of the stake holders. What must happen is the
restructuring of the Board of PEMRA with independent eminent people. It
is still full of bureaucrats and ex-policemen, so there you find lack of
ownership." says Maitullah Jan.
PEMRA's leadership agree to that the institution needs to be more
engaged with its stakeholders. "It's a combination of regulator and the
stakeholders. Therefore, the chain is - Law/Regulator/Stakeholder," says
Dr. Abdul Jabbar, the Executive Member of PEMRA. However, the present government is under pressure to amend or repeal
these laws. Many media practitioners confirmed that the harsh use of the
PEMRA laws during the Musharraf regime had not occurred during the past
years. The PEMRA board has been reconstituted to some extent and
includes some media professionals. Furthermore, the government is making
some attempts to reintroduce some democratic norms in its media
regulation reform. The Code of Conduct made by PEMRA has been subjected to criticism by
the industry players, and is now being reviewed by the government. The
former Minister of Information has requested Pakistani Broadcasters
Association to draft a new Code of Conduct to replace the existing Code
of Conduct of PEMRA.
Still, a somewhat top-down approach is taken from PEMRA authorities
on this matter. Referring to the issue of Code of Conduct, Dr. Abdul
Jabbar said that presently there are many Codes of Conduct, one by PFUJ,
one by South Asia Free Media Association (SAFMA) and the broadcasters
are in the process of formulating another. "The Government will not
agree to any of these, most probably. But taking all these documents
into account, the government will come up with a comprehensive document
that can be acceptable to all stakeholders. Then everybody has the
ownership." He continued: "PEMRA will function - it will not be silenced
or nullified. We will be the regulatory body. But the stakeholders will
have a say in the Code of Conduct. That's what we call
self-regulation."[6]
Chairman of the Authority
- Mian Javed (Founding Chairman)
- Mr. Iftikhar Rashid (2nd Chairman)
- Mr. Mushtaq Malik (3rd Chairman
- Dr. Abdul Jabbar (Acting Chairman)
- Mr. Rashid Ahmad (4th Chairman)
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