Wednesday
December 12th, 2007
  Home
  Intermedia Mission
  About Us
  Projects
  Pakistan Media Mirror
  Articles on Media
  Media Law Documents
 

Media Reports

  Media Guide Books
  Press Freedom Graph
  Media Directory
  Media Fellowships
  News Media Calendar
  Media Jobs
  Media Cartoons
  Pakistan Media Images
  Comments/Query
  Contact Us
 
REPORTS
 
 
Chapter 2: BAD SIGNALS FOR BROADCAST MEDIA
 
   
[ Index ]
 
 
Arrest and prosecution of broadcasters made easy
 
 

The amendments give new powers to the local police to arrest, detain and prosecute private TV and radio license holders and broadcasters after accusing them of “repeated violation” of PEMRA laws. Any broadcaster or radio/TV/cable licensee who, in the opinion of the local police, repeatedly violates, or abets the repeat violation of, any of the 40 provisions of the broadcast law, can be arrested, jailed and prosecuted. Some offences have been made compoundable and cognizable. First-time violations will, however, require only the Authority, not the police, to act. The regulator maintains that the police powers have been enhanced to deal with the “cable operators' mafia”. They however admit that under the law until broadcasters are specifically exempted they would continue to be treated like the cable operators regardless of their relationship with the news media.

 
 

 

 
 
Regulator assumes decisive numerical superiority over broadcasters
 
 

Another amendment expands the PEMRA Board membership from 9 to 12. This will disturb the existing numerical superiority of 5 private sector representatives over the government's three ex-officio members and one chairman in the nine-member Authority. This means that the broadcast sector's fate will be decided by officials beholden to the government rather than the broadcasters themselves. Under the law, the Authority's decisions are taken by majority principle. The new 12 members will comprise the Central Board of Revenue chairman as ex-officio member and two members to be appointed by the government resulting in the imbalance of 5 private sector members to 6 government appointees besides a government appointed chairman.

 
     
 
Cross-media ownership made conditional
 
 

The amendments while lifting the ban on cross media ownership also retains the present obligation of the Authority “to ensure that, as far as possible, open and fair competition is facilitated in the operation of more than one channel” and that “undue concentration of media ownership is not created” in any area or in any subject special category of radio TV channels. The bill, however, deletes only the explanation of the above wherein ownership of newspaper or magazine is cited as an example of the undue media concentration. Therefore, through this amendment, while the newspapers is allowed to own more than one media outlet “undue concentration of media ownership” requires PEMRA to act or give the Authority a reason to act, especially against those who might be accused of the same.

 
     
 

Similarly, the bill empowers PEMRA to prescribe a special mechanism to ensure fair competition untainted by cross media ownership. The amendment bill requires PEMRA to prescribe terms and conditions for those “who own more than one media enterprise” and to define “circumstances constituting undue concentration of media ownership and abuse of powers and anticompetitive practices by media companies.” The phrase “abuse of powers” here has far reaching consequences with PEMRA fully empowered to define it in the rules that it will make.

 
     
 

The amendment bill also defines a “newspaper” which according to the amendment is one which the federal government notifies in the official gazette. The definition has been imported from the Press Council Ordinance 2002. However this is an additional requirement wherein only those journals are considered as newspapers qualifying for TV licenses which the government notifies. Indeed not all newspapers will get this privilege like the declaration which any one can get.

 
     
 
Surprise raids and forced recovery of arrears
 
 

The amendments require federal, provincial and district governments to assist PEMRA in discharge of its functions. This means the police has been empowered to take action on a report from an authorized PEMRA official. Similarly the bill also allows PEMRA officials along with the police to get a search warrant from “the Court” (which court, it hasn't been defined) and raid any premises which is suspected of housing an illegal broadcasting station.

 
     
 

Authorized PEMRA officials have also been empowered to inspect premises of the radio/TV station. The present law allowed the same but required the official to do so only “after giving reasonable notice.” This requirement is now deleted from the law. The amendment also adds new clauses wherein the licensee may get right to be heard before illegal broadcast equipment is seized but it is not explained if the official, authorized by the chairman to act against the licensee, will also have powers to accept the explanation of the licensee. The bill further expands the powers of PEMRA to recover arrears and penalties from licensees as arrears of land revenue.

 
       
   
|
|
|