Council of Complaints

2023 PLD 431 SUPREME-COURT Judicial Precedent

Ss. 26(2) & 27(a)Pakistan Electronic Media Regulatory Authority (Councils of Complaints) Rules, 2010, Rr. 8 & 10Council of ComplaintsPower to receive and review complaints against any 'advertisement'ScopeInadvertent drafting omission in statute

Although the word "advertisement" is not mentioned in subsection (2) of Section 26 of the Pakistan Electronic Media Regulatory Authority Ordinance, 2002 ('the Ordinance') but it is found mentioned in subsection (5) thereof

Omission of the word advertisement in subsection (2) of Section 26 appears to be an accidental one, as it does not fit within the overall intent of the legislature manifested from reading the provisions of Section 26 as a whole

Subsection (5) of Section 26 clearly empowers the Councils of Complaints to make a recommendation to PEMRA for the action of censure or fine against a licensee for violation of the codes not only of programmes content but also of advertisements

Provisions of subsection (5) of Section 26 thus make the intent of the legislature abundantly clear that it intended to confer the power on the Councils of Complaints to receive and review complaints against any aspects of programmes or advertisements, which shall be so read in subsection (2) of Section 26, in order to give effect to that manifest intent of the legislature.

2022 YLRN 3 KARACHI-HIGH-COURT-SINDH Judicial Precedent

S. 26Penal Code (XLV of 1860), Ss.502-A, 499 & 500DefamationCouncil of complaintsScope

Applicant assailed order passed by Trial Court whereby it dismissed the complaint filed under Ss. 499 & 500, P.P.C. on the ground that a specific remedy was given under S. 26 of Pakistan Electronic Media Regulatory Authority Ordinance, 2002

Validity

Pakistan Electronic Media Regulatory Authority Ordinance, 2002, did not derogate the general penal laws

No special law could declare a malum prohibitum as non-offence

Revision application was allowed by the High Court and the matter was remanded to the Trial Court for passing an appropriate speaking order after hearing the parties concerned.

2021 CLC 1184 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Ss.27 & 30APakistan Electronic Media Regulatory Authority (Councils of Complaints) Rules, 2010, R.8Prohibition of broadcast media or distribution service operationShow-cause notice, issuance ofPre-conditionCouncil of ComplaintsAbsence of recommendationEffect

Petitioner company was running a broadcasting television channel and was aggrieved of show cause notice issued by Pakistan Electronic Media Regulatory Authority prohibiting broadcast of television drama namely "Jalan" and directed to off the air the same

Validity

Council of Complaints was empowered to receive and review complaints made by persons or organizations from general public against any aspects of programs broadcast or distributed by a station

Council was to then make its recommendations to Pakistan Electronic Media Regulatory Authority

Legislature was aware that freedom of expression was a fundamental right given by Constitution and all legislation was subordinate to it

Such was the reason that safeguarded against any arbitrary action and the same was built into the legislation

Authority was empowered to take action against a licensee, however a two tier process was prescribed to ensure that an opinion (on complaints) from a diverse range of people was sought before action was taken

If not elimination, such diverse opinion would ensure mitigation of personal bias of an individual in a decision making process

High Court set aside the notice issued by Pakistan Electronic Media Regulatory Authority as due process of law was not complied with in its issuance

Appeal was allowed, in circumstances.

2020 CLC 1081 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Ss.8 (5), 20 (g) & 26 (5)Pakistan Electronic Media Regulatory Authority Rules, 2009, R. 15(1)Television Broadcast Station Operations Regulations, 2012, Rgln. 14 (1) (2)Electronic Media (Program and Advertisement) Code of Conduct 2015, Cls. 1(g), 3 & 7(1)(2)Imposing of penaltyCouncil of ComplaintsJurisdictionTerm 'suitable compensation'Scope

Petitioner company was aggrieved of the recommendation of Council of Complaints forwarded to Pakistan Electronic Media Regulatory Authority on the complaint filed by respondent

Validity

Word 'suitable compensation' was vague terminology and it was not necessary that a quantum suitable for petitioner would also be suitable for the complainant

Such aspect was not considered in order as to whether compensation could be awarded or whether it was within the jurisdiction and power of Council of Complaints to grant such relief or not

All such questions referred were not considered and appreciated by the authority while acting or accepting any recommendations of the Council, which the Authority had failed to consider

High Court converted Constitutional petition into appeal and remanded the matter to Pakistan Electronic Media Regulatory Authority to pass speaking order on the recommendations given by Council of Complaints

Petition was disposed of accordingly.

2020 CLC 534 KARACHI-HIGH-COURT-SINDH Judicial Precedent

S. 26Pakistan Electronic Media Regulatory Authority (PEMRA) (Council of Complaints) Rules, 2010, R.8 (4)Council of ComplaintsPowersScopeCognizance, taking of

Eventual purposefulness of Council of Complaints is to recommend appropriate action if found for violation of the codes of program content and advertisements as approved by the Authority

Additional exercise of jurisdiction by Council of Complaints has been added under R.8(4) of PEMRA (Council of Complaints) Rules, 2010, that the Council may take cognizance of such matters as referred to it by the Chairman or the Authority and render its opinion thereon

If such powers are regarded as powers of the Authority to refer any matter for opinion, then the same cannot travel or regarded beyond the power and jurisdiction of Council of Complaints or the Authority under S.26 of Pakistan Electronic Media Regulatory Authority Ordinance, 2002.

2017 PLC(CS) 1267 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Ss. 26 & 30ACouncil of Complaints

Nature and scope of powers of the Council of Complaints under S.26 of the Pakistan Electronic Media Regulatory Authority Ordinance, 2002

Complaint regarding employment/terms of contractual service against a broadcaster

Validity

Power of the Council of Complaints was restricted to receiving and reviewing complaints made by persons or organizations from general public against any aspects of programmes broadcast or distributed by a station established through a licence issued by PEMRA and to recommend to PEMRA appropriate actions of censure or fine against a broadcast station or licensee for violation of any codes as provided by the authority

Complaint regarding terms and conditions of service contract and enforcement of payment of salaries or dues of service did not come within jurisdiction of the Council of Complaints established by Federal Government under S.26 of the Pakistan Electronic Media Regulatory Authority Ordinance, 2002.