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.

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