C.P. No. 3506/2020 7 Council of Complaints consists of a chairperson and five members including at least two women, who all are citizens of eminence from the general public. Although the expression “citizens of eminence”, which is of wide import, is not defined in the PEMRA Ordinance, it ordinarily refers to persons who are widely recognized and respected for their knowledge and experience in their respective fields, such as media, law, human rights and social service, etc.3 The term "eminence" suggests a level of distinction, implying that these persons hold a special status or position within the circle of their vocation. Additionally, those of such persons who are considered for assigning a public function, whether paid or honourary, ought to be also known for their integrity. Such consideration must also take into account the objective of ensuring that the Councils of Complaints remain independent and impartial, and are protected against both political and commercial pressure or interference.4 A Council of Complaints comprising of such persons reflect a broad cross-section of our society in order to represent diverse interests, balance, inclusivity and different perspectives of the public, while ensuring their independence and impartiality. which can best ensure the public interest in reviewing complaints against any aspects of programmes and advertisements. The members of the Councils therefore hold honourary position for two years and are to perform their function independently and impartially, without any government authority, interference.5 PEMRA, the government regulatory on the other hand, is a body comprising a Chairman and twelve members who are appointed by the President of Pakistan for tenure of four years on payment of such emoluments as determined by him.6 The two tiered regulatory system is an effective regulatory mechanism to actualize and advance the fundamental rights to freedom of expression and information. Scope of Sections 26 and 27 of the PEMRA Ordinance 12. With this conceptual background, we now examine the interpretation of Section 27(a) of the PEMRA Ordinance to see whether it is a self-governing provision, independent of Section 26(2) of the PEMRA Ordinance read with the Councils of Complaints Rules. The relevant provisions are reproduced here for ease of reference: 3 See PEMRA v. ARY Communications 2022 SCMR 1923. Toby Mendel et el. Modernizing Media Law in Pakistan: Review of Legal Framework Governing Media, pp. 26-27 (IRADA, 2017). 5 Rules 3(2) and 6 of the Councils of Complaints Rules. 6 Section 9 of the PEMRA Ordinance. 4