BROADCASTING LAWS:Laws in the 19th century, Press Council of Pakistan

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Introduction to Broadcasting MCM 411

LESSON 25

BROADCASTING LAWS

The area of mass communication can't be let absolutely free. If an absolute freedom of

expression is granted, it would result in more distortion of society and not for its welfare.

At the same time the weapon of freedom of expression while affecting masses can also work

against the governments more so realized by the colonial powers in whose times most

areas of mass communication developed, electronic media and broadcast notwithstanding.

In all respects, it was deemed appropriate that any media, which takes message to masses,

be brought under a system of checks and balances so that it should not be exploited to harm

the society. In very early days of mass communication, when only print media was addressing

large number of people, laws were framed through which a permission (license) has to be

obtained to indulge in any such venture from a suitable authority, and regularly appear before

the authority in case of complaints of misuse, in any manner, of the permission granted to

contact the masses.

Laws

The Press came under heavy laws, sometimes so strict that an ordinary piece of

communication was difficult to deliver. Subcontinent experienced worst kind of press

restrictions in the name of press laws.

Since electronic media, the broadcast on radio and TV is an improved form of mass

communication, even stricter laws were legislated to chain the new approach and media.

But one thing must be kept in mind here that all laws are not draconian in nature; many are

useful in regulating the mass communication business in its entirety. The problem occurs only

in the implementation, and interpretation of certain laws, which often open debates on issues

like freedom of expression through mass media.

Here is mention of history of laws on media and the present day organizations and the laws

which are regulating mass communication, especially the broadcasting.

Laws in the 19th century:

The Registration of books and newspaper act,1867

The Press (emergency power)act 1931

The States (protection against disaffection) act, 1922

The Foreign Relations act 1932

The Criminal law amendment act 1932

The States Protection act, 1934

The Post office act 1898

The Official Secret act

The Press and Publication Act of 1963

Introduction to Broadcasting MCM 411

Constitution of 1973

Article 19

This article reads as follows:

"Every citizen shall have the right of 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 the contempt of

court, defamation or incitement to an office."

Press Council of Pakistan

The law states that the Code, which deal with issues as morality, plagiarism, fairness,

accuracy, privacy, sensationalism, confidentiality and privilege, will allow journalists to operate

"in accordance with the canons of decency, principles of professional conduct and precepts of

freedom and responsibility, to serve the public interest by ensuring an unobstructed flow of

news and views to the people envisaging that honesty, accuracy, objectivity and fairness shall

be the guidelines for the press while serving the public interest."

The Council will be an independent corporate entity, with its own staff, secretariat and budget

and will be financed through an annual governmental grant-in-aid as well as other grants and

donations and such fees as it may levy from registered newspapers and news agencies. This

council is considered to be a euphemistic connotation of censorship.

Freedom of Information Ordinance 2002

The freedom of information ordinance introduced in 2002 contains some positive features

acknowledging citizens right to know. However, the 21st day time frame for the release of

information and inclusion of courts and tribunals, among those require disclosing information

mar its true spirit. Large amounts of information are also not subject to disclosure under the

ordinance, largely undermining the public's right to know. Instead of applying to all records

held by public bodies, the ordinance provides a, restrictive list of public records subject to

disclosure.

PEMRA

By late 1990's, Pakistan establishment had come to realize that to counter the cultural threat

imposed by the Hindi channels available through satellite receivers, it needed to encourage

private TV networks since the state owned PTV was failing to attract audiences who wanted

more openness both in terms of entertainment and current affairs. This led to the promulgation

of an ordinance in 1997 to set up a regulator for the electronic media. Federal cabinet in

January 2002 formally approved the text of an ordinance to create an autonomous regulatory

authority for independent electronic media. Initiating in April 2000 as regulatory authority for

media broadcast organizations RAMBO, it was later renamed the Pakistan electronic media

regulatory authority PEMRA. PEMRA was established on March 1st 2002 through an

ordinance to induct and facilitate the private sector in to the field of electronic media.

PEMRA, the regulator for electronic media in Pakistan, has been made responsible for

formulating technical standard and scrutinizing technical feasibility for broadcasting services

Introduction to Broadcasting MCM 411

including radio, television, satellite broadcasting, cable television, multi-channel multi-point

distribution service (MMDS) and local multi-point distribution service (LMDS).

According to PEMRA Ordinance 2002, the Authority has been mandated to:

1) Improve the standards of information, education and entertainment.

2) Enlarge the choice available to the people of Pakistan in the media.

3) Facilitate the devolution of responsibility and power to the grassroots by improving the

access of the people to mass media at the local and community level.

4) Ensure accountability, transparency and good governance by optimizing the free flow of

information.

PEMRA has been formed to provide project management guidelines and action plans to the

private sector interested in establishing radio, television and cable TV stations in the country.

The Authority has been empowered to issue licenses for broadcast and CTV stations in the

following categories:

1) International scale stations

2) National scale stations

3) Provincial scale stations

4) Local Area or Community based stations

5) Specific and specialized subject stations

6) Cable television network stations.

The law lays down stringent and subjective pre-conditions for eligibility of a license. It says a

broadcaster or CTV operator issued a license under this Ordinance must, among others,

guarantee the following:

a) Respect the sovereignty, security and integrity of Pakistan.

2) Respect the national, cultural, social and religious values and the principles of public policy

as enshrined in the Constitution.

3) Ensure that programs and advertisements do not encourage violence, terrorism, racial,

ethnic or religious discrimination, sectarianism, extremism, militancy or hatred or contains

pornography or other material offensive to commonly accepted standards of decency.

The ordinance provided for the appointment, by the president, of a chairman who had to be

retired judge of the Supreme Court and the six members, including information and

communication secretaries and 4 representatives of public who had an acknowledged record

of work in the field of radio, television, print media and or public service.

The electronic media regulatory authority ordinance is also arbitrary and in violation of the

international standard for a free flow of information and retains the infamous system of

licensing without defining eligibility in unambiguous terms. The obligation imposed on private

television channels to telecast programs mandated by the authority appears to be a device to

commission them for official propaganda the ordinance is also silent on the decades old and

persistent public demand for freeing Pakistan broadcasting corporation and Pakistan

Introduction to Broadcasting MCM 411

television corporation of official control and shows little respect or concern for views, needs

and taste of Pakistan's pluralist society.

However, the then government could not institute the regulatory authority. After the military

coup of 1999 Gen. Musharaff took over as the chief executive of the country. He was

favorably disposed to the idea of alloying private TV channels, as one of his initial advisors

like Javed Jabbar were ardent supporters of freeing the media.

PEMRA, initially, was placed under the direct control of the Ministry of Information and

Broadcasting, raising serious concerns whether this would allow it to function as neutral

regulator or it would become another means for the Ministry of Information to safeguard the

interest of the state-owned PTV and PBC. However, later, the authority in terms of its

administrative hierarchy was placed under the Establishment Division. The PTV and the PBC,

however, continue to be outside the regulatory jurisdictions of the PEMRA.

PEMRA has been mandated to:-

1) Improve the standards of information, education and entertainment.

2) Enlarge the choice available to the people of Pakistan in the media for news, current affairs,

religious knowledge, art, culture, technology, science, economic development, social sector

concerns, music, sports, drama and other subject of public and national interest.

The PEMRA (Pakistan Electronic Media Regulatory Authority) Ordinance 2002 allows the

establishment of an umbrella body that will issue licenses to broadcasters who have been

labeled as broadcast media operators. The move is meant to bring in the element of

'transparency and an invisible system of accountability through media available at local

community, provincial, national, and international levels.'

This spells competition not only for the three state controlled channels in the country, but also

to those from across the border that beam their programs into Pakistan, and have a loyal

following.

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