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.