SHC extends interim order allowing TV journalists to cover court proceedings

The Sindh High Court (SHC) on Thursday continued with its interim order that restrained the Pakistan Electronic Media Regulatory Authority (Pemra) from taking any coercive action against private television channel reporters covering court proceedings.

The Pakistan Federal Union of Journalists (Dastoor) also filed an identical petition with the court challenging Pemra’s letter in which television news channels were directed to refrain from airing tickers and headlines with regard to court proceedings.

Their counsel, Abdul Moiz Jaffery and M. Tariq Mansoor, submitted that the impugned Pemra’s directives were amount to a blanket ban on the coverage of court proceedings. They submitted that the impugned letters were amount to amendments to the 2015 Pemra code of conduct that could not be made without failing fair trial and due process of the law.

They submitted that the impugned directives violated the right of information regarding matters of public importance that were protected under the Article 19-A of the Constitution.

The counsel submitted that Pemra had tried to impose a ban on court proceedings coverage through such directives which was against the spirit of Constitution and judgments of the Supreme Court.

They submitted that Pemra could take action in case of violation of the code of conduct and guidelines but it could not impose a ban on the coverage of court proceedings as that was the domain of the judiciary.

They submitted that only courts could restrict the media coverage of their proceedings keeping in view of sensitivity of the matter but by issuing such directions, Pemra tried to assume the jurisdiction of the judiciary.

The high court was requested to declare that the impugned directives of Pemra for television channels with regard to restriction of court proceedings coverage was unconstitutional. They also sought extension to the interim order of the court to the journalists of the PFUJ covering the court proceedings.

Filing comments on the petition, Pemra defended the impugned letters and submitted that the trend of airing of observations made during the court proceedings was a potential menace and if it was permitted to flourish, it could lead to chaos and confusion in society as court observations were flashed on television screens without any regard of context and that misled the general masses who were left bewildered and in a state of confusion because of their lack of knowledge of sub-judice proceedings.

PEMRA submitted that the impugned directives were issued in the lights of the code of conduct and directions of the Supreme Court and requested the high court to dismiss the petition.

A division bench of the SHC headed by Chief Justice Aqeel Ahmed Abbasi observed that Pemra had already issued the code of conduct and guidelines for TV channels for coverage of court proceedings which should be implemented in letter and spirit, and Pemra could take action if there was a violation of the code of conduct.

The SHC extended its interim order, which would now also be applicable to the journalists of the PFUJ, restraining Pemra from taking any coercive action against the journalists covering court proceedings till further orders. The hearing was adjourned until June 27.