PBA moves IHC against formation of body to monitor channels content

Says single bench order is tantamount to forming morality police; Pemra is regulator for TV channels; PBA ensures that no content is aired which is indecent, obscene or pornographic

ISLAMABAD: Pakistan Broadcasters Association (PBA) here Saturday filed an Intra Court Appeal (ICA) before the Islamabad High Court (IHC) against the orders of an IHC single judge that on March 17 directed to form a committee to monitor television shows in respect of indecency and immorality being telecast on different television channels.

Justice Shaukat Aziz Siddiqui through the said order had directed to form a committee comprising secretary ministry of information, chairman & director general technical Pemra, additional attorney general for Pakistan and The News Journalist Ansar Abbasi to examine contents of different shows particularly morning shows, dramas and advertisements in order to submit report as to whether contents being played are within the limits prescribed by the Constitution of Pakistan, article 19, code of conduct and condition of licence. In March 17, 2017 order it was also said that the report submitted by the committee shall highlight the violations with proposed action against the responsible channel, host or guests etc.

Appellant PBA in its ICA has described the said order as a constitution of morality police.

Appellant has nominated Muhammad Waqas Malik advocate at whose petition the said order was issued, secretaries cabinet, information, interior and Pakistan electronic media regulatory authority (Pemra) through its Chairman as respondents.

Appellant in its ICA said that all members of PBA were licencee of Pemra and under section 3 of Pemra ordinance it is a regulatory body for the TV channels. Pemra was established to act strictly in accordance with law without the government interference or control. In order to protect integrity of the PBA members in providing news and entertainment to the general public, the government of Pakistan is afforded no role in regulation and monitoring and that is the true aim and intent of Pemra ordinance.

Under Article 19 of the constitution, PBA members have right of freedom of expression, speech and freedom of press subject to reasonable restrictions. That the association members are fully conscious of their responsibility to exercise the right to freedom of expression and freedom of press in honorable, dignified and mature manner while ensuring that no content is aired which is indecent, obscene or pornographic. Appellant is also conscious and aware that no content against Islamic values, ideology of Pakistan and founding father of Pakistan could be aired. In this context no petition could have been filed under Article 199 requiring the high court to act as a regulator in respect of fundamental rights.

The appellant said that the allegations that Pakistan media is broadcasting obscene and pornographic content is entirely baseless and denied.

That appellant association under auspices of the apex Supreme Court of Pakistan has already taken initiatives to ensure responsible media. Initiatives have been taken with regard to implementation of Article 19, Pemra code of conduct and establishment of legal affairs committee.

That apex Supreme Court has in detail dealt with the issues regarding implementation of Article 19 and code of conduct in Hamid Mir case. This code of conduct was later notified by the government of Pakistan on August 17, 2015.

That under Article 17 of the code of conduct it was agreed between the appellant association and Pemra that the association members will self-regulate the content through in-house monitoring committees. Such committees are already functional in TV channels.

The impression given in the petition of Waqas Malik that Pakistani television channels were airing indecent, pornographic and immoral content is absurd and baseless. The appellant association is following the code of conduct and only minuscule violations have taken place. That the IHC single bench in the petition of Waqas Malik without affording an opportunity of hearing to the PBA issued the order dated March 17 and constituted a committee to examine the television contents.

The appellant said that the IHC bench had no jurisdiction to constitute the said committee. That under the law no such committee could be constituted and a high court has no powers to regulate television content. Order of single judge is amount to create a moral police and the March 17 order is also in contravention with the Supreme Court orders. The appellant has prayed to the court to set aside the March 17 judgment.