C.P. No. 3506/2020
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elaboration on how the Councils of Complaints are to address complaints
and deal with expressions like “obscene”, “vulgar” and “offensive to the
commonly accepted standards of decency” as used in Section 27(a) of the
PEMRA Ordinance, in relation to any programme, including a play or
drama and advertisement (“media content”), broadcasted on the
electronic media, in the context of our constitutional values and
fundamental rights, in particular, the right to freedom of speech and
expression and right to information guaranteed by Articles 19 and 19A of
the Constitution of the Islamic Republic of Pakistan (“Constitution”).
Further, the manner of selection of the members of the Councils of
Complaints established under Section 26 of the PEMRA Ordinance,
especially the requirement of such members being “citizens of eminence”,
needs elucidation.
2.
Briefly, the relevant facts of the case are that M/s ARY
Communications Private Limited (“ARY”) broadcasted a drama serial,
JALAN, (“drama serial”) on its TV Channel, ARY Digital. Some persons
from the general public made complaints on the Pakistan Citizen’s Portal
of the Prime Minister’s Performance Delivery Unit, alleging that the story
of the drama serial is immoral and against social and cultural values. The
said complaints were forwarded to the Chairman, Pakistan Electronic
Media Regulatory Authority (“PEMRA”) for appropriate action. PEMRA,
acting through its delegate i.e. the Chairman, called for the comments of
ARY, which were submitted by ARY, refuting the allegations. PEMRA,
however, being dissatisfied with the comments, first issued two directives
to ARY to amend the script of the drama serial before broadcasting further
episodes and then passed an order on 10 September 2020 under Section
27(a) of the PEMRA Ordinance, prohibiting the broadcasting and
rebroadcasting of the drama serial. ARY filed an appeal against the said
order before the High Court of Sindh under Section 30A of the PEMRA
Ordinance, which was allowed on 15 September 2020 and the matter was
remanded to PEMRA to decide the same afresh after serving a proper show
cause notice to ARY, specifying the objectionable content of the drama
serial and providing a sufficient opportunity of hearing.
3.
In compliance with the direction of the High Court, PEMRA
served two show cause notices to ARY, one of which contained the
following assertions:
[The] storyline/theme of the said drama serial does not conform to the
religious injunctions enshrined in the Holy Quran and established
social/cultural more/values of the country containing highly objectionable
content compromising sanctity of relations between brother-in-law and
sister-in-law. Further, the storyline and theme of the drama serial seems a