Contemptuous material

2017 PLD 48 ISLAMABAD Judicial Precedent

Ss.20(c), 29(6) & 30Pakistan Electronic Media Regulatory Authority Rules, 2009, R.15(1)Electronic Media (Programmes and Advertisements) Code of Conduct, 2015, Cls. 3(1)(i)(j), 4(10), 22 & 24(2)Constitution of Pakistan. Arts. 19 & 204AppealAspersions against Judges of Supreme CourtContemptuous material

Petitioner company was running a television channel and its licence was suspended for seven days and fine was also imposed upon it by authorities on account of casting aspersions against Judges of the Supreme Court during a talk show

Authorities also directed the anchor person to tender apology if he would appear on some other channel during those seven days

Plea raised by appellant was that information in question was already aired by another channel as news item

Validity

Appellant did not deny content of the show which led to issuance of show cause notice

Appellant could not point out towards any credible information justifying allegation against superior judiciary

Simply because another television channel had aired a news item was not a valid excuse to airing the same without ensuring that the information was credible and based on facts

Appellant must have realized that Judges or their representatives or Court officials could not come to talk-shows to defend themselves and it must not be taken undue advantage of by broadcast media or television anchors

For anchor person, to question on air, the appropriateness from a moral and political perspective, the alleged meeting between a sitting Judge of superior judiciary and a leader of political party, was tantamount to casting an aspersion on a member of superior judiciary of Pakistan

Such act was a violation of cl.3(1)(j) of Electronic Media (Programmes and Advertisements) Code of Conduct, 2015

Pakistan Electronic Media Regulatory Authority was empowered under S. 29(6) of Pakistan Electronic Media Regulatory Authority Ordinance, 2002, to impose fine up to Rupees One million on a licensee who would contravene any of the provisions of Pakistan Electronic Media Regulatory Authority Ordinance, 2002, or the Rules or Regulations made thereunder, after reasonable opportunity to show cause was given to the licensee

Pakistan Electronic Media Regulatory Authority was empowered under S.30(1)(b) of Pakistan Electronic Media Regulatory Authority Ordinance, 2002, to suspend the licence of a broadcast media or distribution service where the licensee had contravened any provision of Pakistan Electronic Media Regulatory Authority Ordinance, 2002, or the Rules and Regulations made thereunder

High Court declined to interfere in the penalty imposed by authorities as the same was within the parameters of statutory provisions

Appeal was dismissed in circumstances.