C.P. No. 3506/2020
14
a diverse pool of applicants; (iii) set up an application process that
requires interested individuals to submit their credentials, relevant
experience and a statement explaining their motivation for serving on the
regulatory body. This information will be used to evaluate the suitability of
each applicant; (iv) establish an independent selection committee
composed of representatives from different sectors, e.g. media, academia,
civil society, to review applications and recommend candidates. The
committee should ensure a transparent and impartial selection process;
and (v) provide the members, once appointed, with training and
orientation on media regulation, ethics and relevant laws. This will help
them make informed decisions and effectively contribute to the regulation
of media content. The inclusion of public representatives in media
regulation, in this manner, can contribute to greater transparency,
diversity and public trust in the media ecosystem.
21.
Having examined the contentions advanced on behalf of
PEMRA and after reading the provisions of Sections 26 and 27 in
conjunction with other relevant provisions of the PEMRA Ordinance and
the Councils of Complaints Rules made thereunder, we are of the
considered opinion that Section 27(a) of the PEMRA Ordinance is not an
independent and self-governing provision; it rather requires for its
applicability the opinion of a Council of Complaints regarding the
objectionable aspect of a programme or advertisement in terms of Section
26(2) of the PEMRA Ordinance read with the Councils of Complaints
Rules. The question is answered accordingly.
22.
In view of the above answer to the question, we find that the
High Court is correct in holding that PEMRA could not have bypassed the
Councils of Complaints in making the prohibition order and has rightly
set aside the prohibition order. However, the High Court should have also
specified that the matter of making a review of the objectionable aspect of
the drama serial was to be referred by PEMRA to the Council of Complaint
concerned, and after receiving and considering the opinion of that
Council, PEMRA could make an appropriate order. With the said
clarification, we find nothing wrong in the impugned judgement.
Therefore, we dismiss the petition and decline the leave to appeal.
Regulating content: what is “obscene”, “vulgar” and “offensive to the
commonly accepted standards of decency”
23.
It is important to understand on what standards the members
of the Councils of Complaints will assess the media content. Every statute
is in the public interest and must always align and flow with the text and