C.P. No. 3506/2020 6 foreign States, public order, decency or morality or in relation to contempt of court or commission or incitement of an offence under Article 19 of the Constitution. While on the other hand, it also has to ensure that the right to information of the public is enlarged without impinging on the reasonable restrictions imposed by law under Article 19A of the Constitution. These constitutional restrictions are further actualized through the restrictions provided under PEMRA Ordinance and the rules, regulations and the code of conduct developed thereunder. The “reasonable restrictions” flow from Articles 19 and 19A of the Constitution and the statutory restrictions by and under the PEMRA Ordinance are to be interpreted in a forward looking manner in order to persistently advance and promote the constitutional values of tolerance, freedom, equality, democracy and social justice. 10. In order to regulate these two important fundamental rights, the media content1 broadcasted and received in the public space is regulated under the PEMRA Ordinance2 through a two-tiered regulatory system. First, through the independent public regulatory bodies called the Councils of Complaints, comprising citizens of eminence selected from the general public. Second, by PEMRA, a Government controlled regulatory body. The primary responsibility of these two bodies is to ensure that the media content is constitution complaint under Articles 19 and 19A and meets the reasonable restrictions under the PEMRA Ordinance, rules, regulations and the code of conduct. The importance of establishing independent Councils of Complaints from amongst citizens of eminence from the general public is to ensure that the media content for the public is also reviewed by representatives of the public, through a public regulatory body by applying commonly accepted or community based standards of decency. As the media content has to be put out in the public space, it is therefore, first and foremost, that an independent public body representing a broad cross-section of society reviews the media content. This helps protect, nuture and enhance the freedom of expression and right to information of the people and shields the media content against government interference and control. 11. The composition of the Councils of Complaints leaves little room to guess why the function of reviewing complaints against any aspects of programmes or advertisements and of rendering an opinion on such complaints has been entrusted by the legislature to them. Each 1 Any aspects of the programmes and advertisements broadcasted or distributed by a station established through a licence issued by PEMRA. 2 Read with the Councils of Complaints Rules.

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