Pakistan Electronic Media Regulatory Authority vs Independent Media
This matter arises from a petition converted into an appeal before the Supreme Court of Pakistan concerning regulatory actions initiated by the Pakistan Electronic Media Regulatory Authority against a television channel. The core legal questions involve the validity of program suspensions, pending inquiries into remaining charges by the Council of Complaints, and the mandatory installation of censoring and time-delaying mechanisms on live broadcasts. The Court held that the challenge to the three-day suspension had become infructuous due to the passage of time and pending proceedings before the High Court of Sindh, while directing the competent authority to proceed with the remaining charges within a stipulated timeframe after considering a public apology. The key principle laid down is that regulatory bodies must adhere strictly to statutory rules and procedures while ensuring that broadcast licensees implement necessary time-delay mechanisms to censor offending live content.
- Whether a petition challenging a short-term suspension of a television program becomes infructuous due to efflux of time and concurrent proceedings?
- How should regulatory authorities handle pending charges and inquiries against media channels in light of public apologies?
- Is it mandatory for television channels to install time-delaying mechanisms to censor live broadcasts under PEMRA regulations?
ORDER
Dost Muhammad Khan, J.-- At the very outset, the learned counsel for the parties agreed that let the main CPLA be decided in the following terms:-
(i) That so far as the suspension of the show/program for three days by PEMRA is concerned, due to injunction order of the learned High Court of Sindh a very narrow margin of time is left and because the matter is listed for hearing today before the said Court, hence to that extent the petition has almost become infructuous.
(ii) The rest of the four charges are still alive and to be inquired into/investigated by the COC and after receiving the recommendations the PEMRA (competent authority) would look into it while complying with all the rules and provisions of law on the subject and will also consider the effect of the apology to be tendered publically by the Channel and through print media.
2. During course of hearing, it came to our notice that many other channels, like the one under consideration, have not installed the censoring devices, particularly time delaying mechanism to cut off and expunge the offending part of the live show/program and bring it in conformity with the PEMRA rules and provisions of the Ordinance.
3. It was stated at the bar that a team of experts would soon inspect all the channels to ensure that such device i.e. time delaying mechanism is in place so that undesirable and offending programs or spoken words are not aired and the same are blocked.
4. As the rest of the four allegations/charges fall within the domain of PEMRA, therefore, it may proceed with the same according to the law and rules on the subject and to conclude the matter as was agreed at the bar within 30 days, which shall commence after Eid holidays.
Needless to remark that the respondent may submit reply within 10 days, after Eid vacations.
5. In view of these arrangements, the appeal filed by the respondent before the High Court of Sindh has become infructuous and may be disposed of accordingly .
Petition is converted into appeal and disposed of.