Fundamental principles

2017 MLD 1256 ISLAMABAD Judicial Precedent

Ss. 27, 26, 39, 29(6) & 30AElectronic Media (Programmes and Advertisements) Code of Conduct, 2015 Cl. 3(3)Prohibition of broadcast media or distribution service operationFundamental principlesBroadcast of the statements of members of proscribed organisations or their representativesScope

Appellant impugned order passed by the Pakistan Electronic Media Regulatory Authority ("PEMRA") whereby prohibition was placed upon appellant against broadcast of an interview

Contention of appellant, inter alia, was that no opportunity of hearing was provided to it before passing of the impugned order

Contention of respondent PEMRA was that the content of the broadcast violated Clause 3(3) of the Electronic Media (Programmes and Advertisements) Code of Conduct, 2015 whereby broadcast of statements of members of proscribed organisations or their representatives was prohibited

Validity

Breach of the Electronic Media (Programmes and Advertisements) Code of Conduct, 2015 entailed action either under S. 26 , if there were complaints, or under S. 29 of the Pakistan Electronic Media Regulatory Authority Ordinance, 2002

If action was to be taken under S. 29 of the Pakistan Electronic Media Regulatory Authority Ordinance, 2002; show-cause notice was required to be issued

PEMRA in the present case, proceeded against appellant in violation of rules framed under the Pakistan Electronic Media Regulatory Authority Ordinance, 2002 as the Electronic Media (Programmes and Advertisements) Code of Conduct, 2015 was framed under S. 39 of the Pakistan Electronic Media Regulatory Authority Ordinance, 2002, hence it was mandatory for PEMRA to issue a show-cause notice prior to taking any action against the appellant

Impugned order did not contain any reasons provided for under S. 27(a) or 27(b) of the Pakistan Electronic Media Regulatory Authority Ordinance, 2002 and therefore it had not been passed under the said provisions

Sole provision under which PEMRA could prohibit broadcast of any programme was S. 27 of the Pakistan Electronic Media Regulatory Authority Ordinance, 2002 and the same could only be done if reasons/ grounds mentioned therein were attracted and reasons for the same were recorded in writing

Impugned order was set aside by High Court with observation that in case the broadcast of the appellant violated the Electronic Media (Programmes and Advertisements) Code of Conduct, 2015 or S. 27 of the Pakistan Electronic Media Regulatory Authority Ordinance, 2002 or any other provision of the same, then PEMRA may proceed against appellant in accordance with law

Appeal was allowed, accordingly.