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Pakistan
Electronic Media Regulatory Authority Ordinance - 2002
(AN ORDINANCE to regulate broadcast media
in Pakistan)
WHEREAS it is expedient to provide for the development
of broadcast media in order to:
(i) Improve the standards of information, education and
entertainment;
(ii) Enlarge the choice available to the people of Pakistan
in the media for news, current affairs. Religious knowledge,
art, culture, science, technology, economic development,
social sector concerns, music, sports, drama and other subjects
of public and national interest;
(iii) Facilitate the devolution of responsibility and power
to the grass-roots by improving the access of the people
to mass media at the local and community level; and
(iv) Ensure accountability/ transparency and good governance
by optimizing the free flow of information;
AND WHEREAS, the President is satisfied that circumstances
exist which render it necessary to make immediate action;
NOW, THEREFORE, in pursuance of Proclamation of Emergency
of the fourteenth day of October, 1999 and the Provisional
Constitution Order No. 1 of 1999 read with the Provisional
Constitution Amendment Order No. 9 of 1999, and in exercise
of all powers enabling him in that behalf, the President
of the Islamic Republic of Pakistan is pleased to make and
promulgate the following Ordinance: -
PRELIMINARY
1. short title extent and commencement-
(1) This Ordinance shall be called the Pakistan Electronic
Media Regulatory Authority Ordinance, 2002
(2) It extends to the whole of Pakistan.
(3) It shall come into force at once.
2. Definitions: - In this Ordinance unless there
is anything repugnant in the subject or context: -
(a) "advertisement" means a set of visual and
audio messages for the projection of a product, service,
or idea with the object of propagating sale, purchase or
hire of the product, service or ideal for creating other
related effects'
(b) "authority" means the Pakistani Electronic
Media Regulatory Authority (PEMRA) established under section
3;
(c) "broadcast media" means broadcast by radio,
television including Cable television, closed circuit television,
direct broadcasting, multi-point multi-channel distribution
systems for radio and televisions;
(d) "broadcaster" means a person engaged in broadcast
media;
(e) "chairman" means the Chairman of the Authority;
(f) "channel" means the set of frequencies that
a broadcast station occupies for broadcasting;
(g) "company" means a company as defined in the
Companies Ordinance 1984 (XLVII of 1984);
(h) "copyright" means copyright as defined in
the Copyright Ordinance 1962 (XXXIV 0f 1984);
(i) "foreign company" means a company or body
corporate organized, and registered under the laws of foreign
government;
(j) "frequency" means the frequency of the electromagnetic
wave number measured in Hertz per second and used for transmission.;
(k) "FAB" means the Frequency Allocation Board
established under section 42 of the Pakistan Telecommunication
(Reorganization) Act, 1996 (XVII of 1996);
(l) "media enterprise" means an enterprise concerned
with the publication of a printed newspaper or journal,
a radio or television broadcast station or a cinema theatre;
(m) "Licence" means a Licence issued by the Authority
to establish and operate a broadcast station or distribute
programs through a cable television network.
(n) "licensee" means a person to whom the Authority
has issued a Licence;
(o) "member" means a member of the Authority;
(p) "national broadcast" means the Pakistan Broadcasting
Corporation, the Pakistan Television Corporation and the
Shalimar Recording and Broadcasting Company;
(q) "PTA" means the Pakistan Telecommunication
Authority established under the Pakistan Telecommunication
(Reorganization) Act, 1996 (XVII of 1996);
(r) "person" includes an individual, partnership,
association, company, trust or corporation;
(s) "prescribed" means prescribed by the rules
made by the Authority;
(t) "program" means the systematic broadcasting
of visual or sound images by a broadcast station but does
not include an advertisement; and
(u) "rules" means the rules made under this Ordinance.
3. Establishment of Authority: -
(1) As soon as may be, after the commencement of this Ordinance,
the Federal Government shall, by notification in the Official
Gazette, establish an authority to be known as the Pakistan
Electronic Media Regulatory Authority (PEMRA) for carrying
out the purposes of this Ordinance.
(2) The Authority shall be a body corporate having perpetual
succession and a common seal with powers subject to the
provision of this Ordinance to hold and dispose of property
by the said name, sue and be sued.
(3) The principal office of the Authority shall be at Islamabad
and it may set up offices at such place or places in the
country as it may deem appropriate.
(4) No act or proceeding of the Authority shall be invalid
by reason only of the existence of a vacancy in, or defect
in the constitution of, the Authority.
4. Functions of the Authority: - The Authority shall
be responsible for regulating the establishment and operation
of all broadcast and CTV stations in Pakistan established
for the purpose of international, national, provincial,
district, local or special target audiences.
5. Power of the Federal Government to issue directives:
- The federal Government may, as and when it considers
necessary, issue directives to the Authority on matters
of policy, and such directives shall be binding on the Authority,
and if a question arises whether any matter is a matter
of policy or not. The decision of the Federal Government
shall be final.
6. Members of Authority: -
(1) The Authority shall consist of a Chairman and nine
members to be appointed by the President of Pakistan.
(2) The Chairman of the Authority shall be an eminent professional
of known integrity and competence having substantial experience
in media, business, management, finance, economics or law.
(3) Out of nine members one shall be appointed by the Federal
Government on full time basis and five shall be eminent
citizens chosen to ensure representation of all provinces
with expertise in one or more of the following fields: media,
law, human rights, and social services. Of the five members
from the general public, two members shall be women.
(4) Secretary Ministry of Information and Media Development
Secretary, Interior Division and Chairman, Pakistan Telecommunication
Authority shall be ex officio members.
(5) The members, other than ex-officio members, shall participate
in all meetings and shall receive such fee and expenses
for each meeting as may be prescribed.
7. Tenure of members: -
(1) The Chairman and members, other than ex-officio members,
unless earlier removed for misconduct or physical or mental
incapacity, shall hold office for a period of four years
and shall be eligible for re-appointment for a similar term
or as the Federal Government may determine;
Provided that the Chairman and a member shall retire on
attaining the age of sixty-five years.
Explanation: - For the purpose of this section the expression
"misconduct" means conviction for any offence
involving moral turpitude and includes conduct prejudicial
to good order or unbecoming of a gentleman.
(2) The Chairman or a member may, by writing under his
hand, resign his office.
8. Meetings of the Authority, etc: -
(1) The Chairman or, in his absence, the member elected
by the members for the purpose shall preside at a meeting
of the Authority.
(2) One-third of the total members shall constitute a quorum
for meetings of the Authority requiring a decision by the
Authority
(3) The members shall have reasonable notice of the time
and place of the meeting and the matters on which decision
by the Authority shall be taken in such meeting.
(4) The decisions of the Authority shall be taken by the
majority of its members present, and in case of a tie, the
member presiding a meeting shall have a casting vote.
(5) All orders, determinations and decisions of the Authority
shall be taken in writing and shall identify the determination
of the Chairman and each member separately.
9. Remuneration, of Chairman and members: -
(1) The chairman and members shall be paid such emoluments
as the President of Pakistan may determine and shall not
be varied to their disadvantage during their term of office.
10. Chairman and members not to engage themselves in
certain business, etc.: -
(1) The Chairman shall not, during his term of office,
engage himself in any other service, business, vocation
or employment, or enter into the employment of, or accept
any advisory or consultancy relationship with any person
or entity engaged in applying for a licence from the Authority
or operating broadcast station established within the purview
of the Authority or in providing services or products to
the Authority on any of the projects, schemes, proposals
or plans undertaken, executed or supervised by the Authority
or any related undertaking of such aforesaid person or entity.
(2) The members shall not have any direct or indirect financial
interest, or have any connection with any such person, entity
or related undertaking as mentioned in sub-section (1) of
this section associated in any way with the licensee of
a broadcast station for so long as they are members and
hold office.
11. Officers, employees, etc: - To carry out the
purposes of this Ordinance, the Authority may, from time
to time, appoint members of its staff, experts, consultants,
advisers and other officers and employees on such terms
and conditions as it may deem fit.
12. Officers, etc. deemed to be public servants: - The Chairman,
members, members of its staff, other officers and employees
of the Authority shall be deemed to be public servants within
the meaning of section 21 of the Pakistan Penal Code (Act
XLV of 1860).
13. Delegation: - The Authority may, by general
or special order, delegate to the Chairman or a member or
any member of its staff, or an expert, consultant, adviser
or other officer or employee of the Authority any of its
powers, responsibilities of functions under this Ordinance
subject to such conditions as it may by rules prescribe:
Provided that the delegation of such power shall not include
the power to grant, suspend, revoke or cancel a broadcast
license.
Provided further that the rules made under this Ordinance
shall specify use of delegated powers and shall be framed
and enforced after promulgation of this Ordinance and before
the notification of the establishment of the Authority.
14. Fund: -
(1) There shall be established a fund to be known as "PEMRA
Fund" which shall vest in the Authority and shall be
utilized by the Authority to meet charges in connection
with its functions including payment of salaries and other
remunerations to the Chairman, members, servants, experts
and consultants of the Authority.
(2) The Fund shall consist of: -
(i) Seed money by the Federal Government.
(ii) Fees for issuance of licenses for establishing and
operating broadcast or CTV stations;
(iii) Loans obtained with the special or general sanction
of the Federal Government.
(iv) Foreign aid obtained with sanction of and on such terms
and conditions as may be approved by the Federal Government;
and
(v) All other sums received by the authority from any other
source.
(3) The Authority may open and operate one or more accounts
in local, or foreign currency, in any scheduled bank.
15. Budget: - The Authority shall, in respect of
each financial year, prepare its own budget and submit it
to the Federal Government three months before the commencement
of every financial year for information.
16. Accounts and Audit: -
(1) The Authority shall maintain complete and accurate
books of accounts of its actual expenses and receipts in
such form as the Federal Government may, in consultation
with the Auditor General of Pakistan, determine.
(2) The Authority shall cause to be carried out audit of
its accounts by one or more auditors who are chartered accountants
within the meaning of the Chartered Accountants Ordinance,
1961 (X of 1961).
(3) Notwithstanding the audit provided in sub-section (2)
the Auditor-General shall have the power to audit or cause
to be audited the accounts of the Authority.
17. Annual report: - The Authority shall compile
and submit an annual report on its operations and accounts
for each financial year to the President of Pakistan and
shall also arrange for its publication and circulation to
the media and the public.
18. Categories of broadcast stations: - The Authority
shall issue licensces for broadcast and CTV stations in
the following categories, namely: -
(i) International scale stations;
(ii) National scale stations;
(iii) Provincial scale stations;
(iv) Local Area or Community based stations;
(v) Specific and specialized subject stations; and
(vi) Cable Television Network stations.
19. Licence to broadcast or operate: -
(1) The Authority shall have exclusive right to issue licenses
for the establishment and operation of broadcast stations
including Cable TV network, provided that this exclusive
right shall be used by the Authority in conformity with
the principles of fairness and equity applied to all potential
applicants for licences whose eligibility shall be based
on prescribed criteria notified in advance and that this
shall be done through an open, transparent bidding process.
(2) No person shall engage in broadcasting or CTV operation
except after obtaining a licence issued under this Ordinance.
(3) Every licence shall be subject to such terms and conditions
as may be prescribed.
(4) The Authority shall have the power to charge fees at
such rates as the Authority may fix from time to time for
the grant of a licence and for its annual renewal.
20. Terms and conditions of licence: - A broadcaster
or CTV operator who is issued a licence under this Ordinance
shall: -
(a) respect the sovereignty, security and integrity of
the Islamic Republic of Pakistan;
(b) respect the national, cultural, social and religious
values and the principles of public policy as enshrined
in the Constitution of the Islamic Republic of Pakistan.
(c) Ensure that programs and advertisements do not encourage
violence, terrorism, racial, ethnic or religious discrimination,
sectarianism, extremism, militancy or hatred.
(d) Comply with rules made under this Ordinance.
(e) Broadcast or distribute programs in the public interest
specified by the Federal Government or the Authority in
the manner indicated by the Government or, as the case may
be, the Authority, provided that the duration of such mandatory
programs do not exceed ten percent of the total duration
of broadcast or operation by a station in twenty-four hours
except if, by its own volition, a station chooses to broadcast
or distribute such content for a longer duration;
(f) Comply with the codes of programs and advertisements
approved by the Authority;
(g) Not broadcast or distribute any program or advertisement
in violation of copyright or other property right;
(h) Not sell, transfer or assign any of the rights conferred
by the licence without prior written permission of the Authority.
21. Concurrence of Provinces: -
(1) The Authority, except where applications for the issue
of licences relates to the Islamabad Capital Territory,
shall invite a representative of the Government of the Province
concerned with regard to the proposed location of the radio
station or TV channel or CTV station for which the application
has been made and shall consider the viewpoint of the concerned
Provincial Government before taking a decision on the issuance,
suspension, revocation or cancellation of a licence:
Provided that where the Provincial Government objects to
the issuance of a particular licence or its suspension,
revocation or cancellation, the applicant shall be provided
an opportunity to be present at the meeting of the Authority
and afforded a public hearing with regard to the observations
made by the Provincial Government.
(2) Where the broadcast signal of radio station or a TV
channel or the CTV network has the potential to cover an
area outside the limits of the Province in which the unit
is proposed to be located, the Authority shall invite one
or more representatives from each of the four provincial
Governments to express their viewpoint, if any, on the inter-Provincial
dimensions of the broadcast signal.
(3) In applying the provisions of subsection (2) the Authority
shall ensure that the consultation with the Provincial Government
or the Provincial Governments, as the case may be, is conducted
with the objective of facilitating freedom of expression
on the air waves within the framework defined by this Ordinance
and shall ensure that no unreasonable delay occurs in the
issuance of a licence and its utilization by the licensee
merely on the grounds that the Federal Government and the
Provincial Governments require unspecified time to fulfil
their respective and related procedures.
22. Duration for consideration of the application for
a licence:-The Authority shall take decision on the
application for a licence within one hundred days from the
receipt of the application.
23. Exclusion of monopolies: -
(1) no person shall be entitled to the benefit of any monopoly
or exclusivity in the mater of broadcasting or the establishment
and operation of broadcast or CTV stations or in the supply
or purchase from, a national broadcaster of air time programs
or advertising material and all existing agreements and
contracts to the extent of conferring a monopoly or containing
an exclusivity clause are, to the extent or exclusivity,
hereby declared to be imperative and of no legal effect.
(2) In granting a licence, the Authority shall ensure that
as far as possible, open and fair competition is facilitated
in the operation of more than one channel in any given unit
of area or subject and that undue concentration of media
ownership is not created in any city, town or area and country
as a whole by virtue of the applicant for a broadcast or
CTV operation licence already owning or operating as sole
or joint shareholder of any other broadcast or CTV station,
printed newspaper or magazine.
24. Licence, application, issuance, refusal and validity:
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(1) Any person desirous of obtaining a licence for broadcasting
or operating a cable TV network and for establishment and
operation of a broadcast station on CTV network shall apply
to the Authority in such manner and form as may be prescribed.
(2) The Authority shall process each application in accordance
with prescribed criteria and shall hold public hearings
in the respective provincial capitals of each Province,
or as the case may be, Islamabad, before granting or refusing
the licence.
(3) Each application shall be accompanied by such fee as
the Authority may prescribe.
(4) A licence shall be valid for a period of five, ten or
fifteen years subject to payment of the annual fee prescribed
from time to time.
(5) The Authority may renew a licence on such terms and
conditions as may be prescribed and in case of refusal to
renew a licence reasons shall be recorded in writing .
25. Certain persons not be granted licence: A licence
shall not be granted to: -
(a) a person who is not a citizen of Pakistan or resident
in Pakistan;
(b) a foreign company organized under the laws of any foreign
government; or
(c) a company the majority of whose shares are owned or
controlled by foreign nationals or companies whose management
or control is vested in foreign nationals or companies.
26. Council of Complaints: -
(1) The Federal Government shall establish a Council of
Complaints, herein called the Council, with as many branches
as necessary, within two hundred days of the establishment
of the Authority.
(2) The Council shall receive and review complaints made
by persons or organizations from the general public against
any aspects of programs broadcast by a station or CTV network
established through a licence issued by the Authority and
render opinions on such complaints.
(3) The Council shall consist of a Chairman and five members
being citizens of eminence from the general public at least
two of whom shall be women.
(4) The Authority shall formulate rules for the functions
and operation of the Council within two hundred days of
the establishment of the Authority.
(5) The Council may recommend to the Authority appropriate
action of censure, fine against a broadcast or CTV station
or licensee for violation of the codes of program content
and advertisements as approved by the Authority as may be
prescribed.
27. Prohibition of broadcasts or CTV operation: -
The Authority shall by order; giving reasons in writing
for declaring the order, prohibit any broadcaster or CTV
operator from broadcasting or re-broadcasting or distributing
any program if it is of opinion that such particular program
is likely to create hatred among the people or is prejudicial
to the maintenance of law and order or likely to disturb
public peace and tranquility or endangers national security.
28. Suspension of broadcasting or CTV operation: -
A broadcaster or operator shall not cease or suspend broadcasting
except on account of force majeure or with the prior approval
of the Authority.
29. Power to authorize inspection: -
(1) The Authority may authorize any of its officers or
its nominees to enter the premises of a broadcaster or a
CTV operator for purposes of inspection after giving reasonable
notice.
(2) A broadcast or CTV station shall, at all reasonable
times, be open to inspection by an authorized officer under
sub-section (1) and the licensee shall provide such officer
with every assistance and facility in performing his duties.
(3) The authorized officer shall within forty-eight hours
of the inspection, submit his inspection report to the Authority.
30. Power to vary conditions, suspect or revoke the
licence: -
(1) The Authority may revoke or suspend the licence of
a broadcaster or CTV operator on one or more of the following
grounds namely: -
(a) the licensee has failed to pay the licence fee and
charges;
(b) the licensee has contravened any provision of this Ordinance
or rules made thereunder and an opinion to this effect has
been rendered by a Committee constituted by the Federal
Government, comprising a nominee of the licensee, a nominee
of the Authority and a retired judge of a High Court or
the Supreme Court who shall be the Chairman of the Committee.
(c) The licensee has failed to comply with any condition
of the licence; and
(d) If the shareholders of the licensee, being a company,
have transferred the majority of their shares.
(2) Except for reason of necessity in the public interest
a licence shall not be suspended or cancelled under sub-section
(1) unless the licensee has been given reasonable notice
to show cause.
31. Powers to issue certificate: - The Authority
shall issue the necessary certificates and documentation
to the broadcast station or CTV network to conduct up-link
between a ground transmission facility and a satellite in
order to transmit any program content for broadcast purposes
within or outside Pakistan.
32. Power to grant exemptions: - The Authority may
grant exemptions from any provisions of this Ordinance,
where the Authority is of the view that such exemption serves
the public interest and the exemptions so granted shall
be supported by recording the reasons for granting such
exemptions in writing provided that the grant of exemptions
shall be based on guidelines and criteria identified in
the Rules and that such exemptions shall be made in conformity
with the principles of equality and equity as enshrined
in the Constitution.
33. Offences and penalties: -
(1) Any broadcaster or CTV operator or person who violates
or abets the violation of any of the provisions of the Ordinance
shall be guilty of an offence publishable with a fine which
may extend to one million rupees.
(2) Where such broadcaster or CTV operator or person repeats
the violation or abatement, such person shall be guilty
of an offence punishable with imprisonment for a term which
may extend to three years, or with fine, or with both.
(3) Where the violation, or abatement of the violation of
any provision of this Ordinance is made by a person who
does not hold a licence, such violation shall be punishable
with imprisonment for a term which may extend to four years,
or with fine, or with both.
34. Cases to be initiated on complaint: - No court
shall take cognizance of any offence under this Ordinance
except on a complaint in writing by the Authority or any
officer authorized by it.
35. Cognizance of offences, etc: -
(1) No court inferior to that of a Magistrate of the first
class shall try an offence punishable under this Ordinance.
(2) Notwithstanding anything contained in section 32 of
the Code of Criminal Procedure 1898 (Act V of 1898), it
shall be lawful for any Magistrate of the first class to
pass any sentence authorized by this Ordinance even if such
sentence exceeds his powers under the said section 32.
36. Offences by companies: -
(1) Where any offence under this Ordinance has been committed
by a person who at the time the offence was committed was
in charge of, and was responsible to the company for the
conduct of the business of the company as well as the company
itself shall be deemed to be guilty of the offence and shall
be liable to be proceeded against and punishable accordingly.
(2) Where the person guilty of an offence under this Ordinance,
is a company, corporation or firm, every director, partner
and employee of the company, corporation or firm shall,
unless he proves that offence was committed without his
knowledge, or consent, shall be guilty of the offence and
shall be liable to be proceeded against the punished accordingly.
37. Ordinance overrides other laws: -
(1) The provisions of this Ordinance shall have effect
notwithstanding anything to the contrary contained in any
other law for the time being in force, or any contract,
agreement or any other instrument whatsoever: -
Provided that: -
(a) the national broadcasters, namely the Pakistan
Broadcasting Corporation shall continue to be regulated
by the Pakistan Broadcasting Corporation Act 1973 (XXXII
of 1973) and the Pakistan Television Corporation and Shalimar
Recording and Broadcasting Company Limited shall continue
to be administered under the provisions of the Companies
Ordinance 1984 (XLVII of 1984); and
(b) other existing private broadcaster or CTV operators
who had been granted respective monopolies in multi-modal
distribution system, cable TV and in FM radio shall henceforth
be regulated by this Ordinance except in respects where
specific exemptions are granted by the Authority.
38. Indemnity: - No suit, prosecution or other legal
proceeding shall lie against the Federal Government or any
Provincial Government or local authority or any other person
exercising any power or performing any function under this
Ordinance or for anything which is in good faith done or
purposing or intended to be done under this Ordinance or
any rule made thereunder.
39. Power to make rules: -
(1) The Authority may, with the approval of the Government
by notification in the official Gazette, make rules to carry
out the purposes of this Ordinance.
(2) In particular, and without prejudice to the generality
of the fore-going power, such rules may be provided for
all or any of the following matters, namely: -
(a) to prescribe the forms for the licences for working,
installing, operating or dealing in transmission broadcast
or distribution apparatus and the manner in which applications
for the licences shall be granted;
(b) to prescribe the terms and conditions of the licence
including fee to be charged in connection with the issuance
of licences and related matter, and
(c) to prescribe standards and measures for the establishment
of broadcast or CTV stations, installation of broadcasting
equipment, transmitters, receivers, boosters, converters,
distributors and common antennae.
40. Removal of difficulties: - If any difficulty
arises in giving effect to the provisions of this Ordinance,
the Authority may make such order, not inconsistent with
provisions of this Ordinance, as may appear to it to be
necessary for the purpose of removing the difficulty.
GENERAL PERVEZ
MUSHARRAF
PRESIDENT
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