C.P. No. 3506/2020
9
A plain reading of Section 26 of the PEMRA Ordinance read with Rules 8
and 10 of the Councils of Complaints Rules shows that the function of
receiving and reviewing “complaints against any aspects of programmes”
or “such matters as referred to it by the Chairman or the Authority”
[PEMRA] and of rendering opinion on “such complaints” or “such matters”
is assigned by the legislature to the Councils of Complaints, each of which
consists of a chairperson and five members including at least two women,
who all are citizens of eminence from the general public. The “opinion” of a
Council of Complaints rendered under section 26(2) of the Ordinance is
then placed before PEMRA, which after giving due consideration to the
said opinion is to decide the matter in accordance with the parameters
spelled out in Section 27(a) of the Ordinance. Likewise, in the case of any
“recommendations" made by a Council of Complaints under section 26(5)
of the PEMRA Ordinance, PEMRA may approve the recommendations or
disagree with the same, while recording reasons in writing for the same,
and pass such order as deem appropriate or refer the matter back to the
Council concerned for reconsideration, under Rule 10 of the Councils of
Complaints Rules.
13.
Under Section 26(2) of the PEMRA Ordinance, the Councils of
Complaint are empowered to receive and review complaints made by
persons or organizations from the general public against “any aspects of
programmes” and render their opinions on them. The expression “any
aspects of programmes” is wide enough to include the violation of any
provision of the PEMRA Ordinance, rules, regulations or code of conduct,
in respect of programmes. It can, therefore, be hardly argued that the
grounds
provided
for
making
an
order
prohibiting
broadcast
or
rebroadcast of a programme in Section 27(a) of the PEMRA Ordinance do
not fall within the expression “any aspects of programmes” used in Section
26(2). It has, however, been argued on behalf of PEMRA that the power of
the Councils of Complaints and PEMRA to review the contents of a
programme on the grounds mentioned in Section 27(a) is concurrent. We
are not convinced with this argument. As discussed above the scope of
regulatory framework under the PEMRA Ordinance is two tiered;
comprising the public regulatory body (Councils of Complaints) and the
governmental regulatory body (PEMRA).
Further, if PEMRA had been
considered suitable to make the initial review of the contents of
programmes on the grounds mentioned in Section 27(a), then there would
have been no plausible reason to restrict the power of PEMRA in respect of
other grounds. Acceptance of this argument would negate the very