C.P. No. 3506/2020
13
and decide the same in vacuum as an academic question. However, in
view of the discussion above, especially with regard to the legislative intent
in establishing the Councils of Complaints under Section 26 of the PEMRA
Ordinance for making review of “any aspects” of the programmes, we deem
it necessary to state that if the power of PEMRA under clause (b) of
Section 27 is to be exercised in respect of “any aspects” of a programme or
advertisement, then it must be exercised after obtaining and considering
the opinion of the Council of Complaint concerned under Section 26(2) of
the PEMRA Ordinance.
19.
From the above discussion it transpires that to regulate pubic
fundamental rights of expression and information, the PEMRA Ordinance
envisages a two tiered regulatory system. The media content has to be first
viewed by the Council of Complaints, an independent public regulatory
body and after obtaining its opinion, PEMRA, the government regulatory
body, is to consider the opinion of the Council of Complaints and finally
decide the matter. It is also worth taking note that under Section 13 of the
PEMRA Ordinance, PEMRA allows delegation of its powers and functions
to
its Chairman or a member or to any member of its staff, or to an
expert, consultant or adviser12.
This delegation
of the powers and
functions of a 13-member authority to a single person also necessitates
that the Councils of Complaints, comprising six members of eminence
from the general public, must first examine the complaints. Even if suo
motu notice is taken by PEMRA or its Chairman, as to “any aspects of
programmes”, the matter has to be first sent to a Council of Complaints
for its opinion and after considering the said opinion, PEMRA or its
Chairman, as the case may be, can take the final decision.
Selection and appointment of members of the Councils of Complaints
20.
Selecting and appointing members of the public to regulate
media content on the Councils of Complaints must, therefore, represent
diverse
interests
and
perspectives
of
the
public
while
ensuring
independence and impartiality. The Federal Government must establish:
(i) clear criteria for the selection of public representatives, which might
include a mix of expertise, professional backgrounds, demographic
diversity and geographic representation; (ii) announce the opportunity to
serve on the Councils through various channels, such as newspapers,
websites, social media and community organizations. This will help attract
12
We have serious reservations on the blanket delegation of its powers and functions by PEMRA to its
Chairman, as it prima facie nullifies the purpose of establishing an inclusive authority comprising a
Chairman and twelve members. But as the matter of such delegation is not under challenge before us, we
abstain from examining and deciding upon it.