PEMRA should stop taking dictation from govt: PBA

Broadcasters’ representative body files petition against media regulator in SC.

KARACHI:

Expressing concerns over the recent decisions of a divided Pakistan Electronic Media Regulatory Authority, the Pakistan Broadcasters Association (PBA) has filed a petition in the Supreme Court demanding reconstitution of Pemra.

“Pemra is no more independent and impartial and its members have split into groups favouring various lobbies in the media industry,” the PBA said in its petition filed under Article 184(3) through Barrister Aitzaz Ahsan.

The PBA voiced apprehensions that the authority’s recent decisions point towards a grave situation the independent media is expected to face at the hands of the regulator. Pemra has already started showing the ‘red card’ to media houses on the one hand, while on the other hand it has failed to fulfil its legal obligations.

The PBA urged the court to declare illegal the appointment of Pemra’s acting chairman Pervez Rathore and ensure that the regulator works as an independent body. In the petition, the federal government, Pemra’s acting chairman and other members of the regulatory body have been named as respondents.

The PBA said Pemra has failed to implement its mandate. It is not working properly and instead of being an independent body, it is taking dictation from the government.



The PBA said Pemra, being a regulator, is supposed to be independent and impartial, but it follows the government orders instead of taking decisions on merit. “Pemra has practically surrendered its authority by taking dictations,” the petitions said.

Moreover, the regulator has often taken sides and supported competitors in the industry. As such, the PBA said, Pemra has lost credibility and should be reconstituted.

The petition pointed out that the ex-officio members have to act as members of Pemra, but some recent decisions of the body show that they acted like employees or representatives of the government.

Regarding Pemra’s decisions, the petition said it is obligatory for every member to attend the authority’s meetings, but recently, some members took unilateral decisions, which is against the Pemra Ordinance.

In some cases, the petition stated, Pemra gave a few days’ notice to broadcasters, which clearly shows the authority is prejudiced and biased. The PBA asserted that the way Pemra is being run has jeopardised the future of the media industry.

The authority doesn’t have the power to impose a fine of more than a million rupees, but it has surpassed its legal limits. Slapping huge penalties and wrongful implementation of the law had a negative impact on the media industry and thousands of people working in the sector.

The PBA urged the court to direct Pemra to follow the orders of the Supreme Court and perform its duties as per its mandate.

Moreover, the appointment of its members and chairman should be made according to the Pemra Ordinance. All members of the authority should be directed to end their strife.

The petition said the media blackout of 2007 exposed the sham independence of the regulatory body. Again in 2012 when the incompetence of Pemra was to be exposed, it pumped money into propaganda against some senior journalists alleging that they were pushing forward covert agendas. In this regard a petition was filed in the Supreme Court.

Published in The Express Tribune, July 12^th, 2014.