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REPORTS |
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Chapter 2: BAD SIGNALS FOR BROADCAST MEDIA |
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Cancellation of broadcast license made easy
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A new disqualification from owning a private radio/TV is part of the amendments. The new ineligibility clause declares as ineligible “any person funded or sponsored by foreign government or organizations”. This can be interpreted as a ban on re-broadcasting foreign news channels that have signed or plan to sign agreements with PEMRA-licensed private radio or TV channels in return for payment for airtime.
The bill also gives discretionary powers to the Authority to vary license conditions and suspend or revoke the license. It calls for abolition of a 3-member committee which is to be constituted, under the present law, by the federal government under the chairmanship of a retired judge of the High Court or Supreme Court. The committee is empowered to render its opinion as to whether or not a licensee has contravened any of the provisions of the broadcast law. The committee's other members include one representative each from the licensee and the Authority. The bill seeks deletion of the committee-related provision.
Similarly, under the present law the Authority could not suspend or cancel a license “except for reason of necessity in the public interest.” The amendments separate public interest from necessity and through a separate clause allow the Authority to vary terms and conditions of license “in the public interest” without defining it, of course. |
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Degree of judicial respite for broadcaster reduced
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The amendment bill restricts the broadcast licensee's right to pre-empt a negative order from the regulator by adding to the same clause a provision that allows it to go to High Court only (reducing forums of appeal) within 30 days of an order of the Authority and not a show cause or other notices. The present law leaves room for pre-empting a negative order and seeking a stay against it by the High Court. But the amendment restricts the licensee from moving the High Court before an order of the Authority. It is also not explained if the order of the Authority will not be implemented within 30 days of its passage to allow the licensee to move the court and stay its enforcement unless it is enforced first and then challenged in the court. |
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Content control by regulator enhanced
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A new amendment warns licensees against encouraging different types of criminal acts, as described, and adds to the list: “pornography, obscenity, vulgarity or other material offensive to commonly accepted standards of decency.” The changes in the broadcast law also makes it mandatory for every private radio and TV station to appoint “an in-house committee,” with the approval of the Authority, to ensure compliance of the code of conduct for programs and advertisements. The bill presumes possibility of what it says is “abuse of media power”, something it does not define. The bill authorizes the Authority to prohibit any broadcaster from “engaging in any practice or act which amounts to abuse of media power by way of harming the legitimate interests of another licensee or wilfully causing damage to any other persons.” |
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Right to freedom of expression as licensing criterion scrapped
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A crucial change in the broadcast law is the deletion of the regulator's existing obligation to expedite the licensing and operation of private radio and TV stations “with the objective of facilitating freedom of expression on the airwaves.” The present law also requires the Authority to ensure that “no unreasonable delay occurs” in processing the applications on the grounds that the federal or provincial governments require unspecified time to complete their procedures. This whole obligation has been scrapped. |
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Regulator seeks to be both judge and jury |
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The amendment bill empowers the Authority to appoint members of the Council of Complaints, as against the federal government's power at present. It also, however, states that the federal government should approve such appointment. The bill also gives powers to the Council to summon a licensee to explain his position on a complaint. This amendment is a negation of the standard principle of self-regulation by independent media. |
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Broadcasters stripped of constitutional guarantees |
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The “public interest” argument is also being used to enhance the Authority's powers to provide exemptions from any provisions of the broadcast law to anyone. The present law requires the Authority that such exemptions “shall be made in conformity with the principles of equality and equity as enshrined in the Constitution.” The amendment bill strips the broadcasters of this constitutional guarantee. |
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Fines and penalties on broadcasters increased ten-fold |
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The amendment bill has enhanced the amount of fine which may be imposed by the Authority on any broadcaster a whopping ten-fold, from Rs 1 million to Rs 10 million. |
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Perks and privileges for regulatory allies |
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The amendments give payment of Authority-specified fee and expenses to the ex-officio members of PEMRA on equal footing with members. The ex-officio members are: Secretary Ministry of Information, Secretary Interior Division and Chairman Pakistan Telecommunication Authority. The bill suggests that any member, other than ex-officio member, shall deem to have vacated his/her seat if he/she absents himself/herself from Authority's three meetings consecutively “without the leave of the Authority.” |
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Profiting from regulation of broadcasters |
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The amendment bill permits the Authority to invest the PEMRA Fund money into business, the money it collects from licensing and other dues. The original law allows utilization of the fund to meet operational charges only. |
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