C.P. No. 3506/2020
8
26. Council of Complaints. (1) The Federal Government shall, by
notification in the official Gazette, establish Councils of Complaints at
Islamabad, the Provincial capitals and also at such other places as the
Federal Government may determine.
(2) Each Council shall receive and review complaints made by persons or
organizations from the general public against any aspects of programmes
broadcast or distributed by a station established through a licence issued
by the Authority and render opinions on such complaints.
(3) Each Council shall consist of a Chairperson and five members being
citizens of eminence from the general public at least two of whom shall be
women.
(3A) The Councils shall have the powers to summon a licensee against
whom a complaint has been made and call for his explanation regarding
any matter relating to its operation.
(4) The Authority shall formulate rules for the functions and operation of
the Councils within two hundred days of the establishment of the
Authority.
(5) The Councils may recommend to the Authority appropriate action of
censure, fine against a broadcast or CTV station or licensee for violation of
the codes of programme content and advertisements as approved by the
Authority as may be prescribed.
27. Prohibition of broadcast media or distribution service operation.
The Authority shall by order in writing, giving reasons, prohibit any
broadcast media or distribution service operator from:
(a) broadcasting or re-broadcasting or distributing any programme or
advertisement if it is of the opinion that such particular programme or
advertisement is against the ideology of Pakistan or is likely to create
hatred among the people or is prejudicial to the maintenance of law and
order or is likely to disturb public peace and tranquility or endangers
national security or is pornographic, obscene or vulgar or is offensive to
the commonly accepted standards of decency; or
(b) engaging in any practice or act which amounts to abuse of media
power by way of harming the legitimate interests of another licensee or
willfully causing damage to any other person.
(Emphasis added)
The relevant provisions of Rules 8 and 10 of the Councils of Complaints
Rules are also reproduced here for convenience of reference:
Rule 8. Filing of complaint and functions of the Councils:………………………………………………………………………………………….
(4) A Council shall also take cognizance of such matters as referred to it
by the Chairman or the Authority and render its opinion thereon.
(5) A Council may recommend to the Authority appropriate action of
censure, fine upto the limit prescribed in section 29 of the Ordinance,
seizure, suspension or revocation of licence against a broadcast media
or distribution service provider or licensee for violation of the
Ordinance, rules, regulation, code of conduct for programmes and
advertisements or terms and conditions of licence.
(6) A Council shall keep the Authority informed on the feedback and
public response to the contents quality and impact of the programmes
and advertisements broadcast or distributed.
Rule 10. Procedure upon recommendation by a Council:- The
Authority shall take into consideration the recommendations made by a
Council in each matter and may approve the recommendations or
disagree with the recommendations, while recording the reasons in
writing for the same, and pass such order as deemed appropriate, or
refer the matter back to the Council for reconsideration if so considered
necessary in the opinion of the Authority.
(Emphasis added)