20 February 2005	Sunday	10 Muharram 1426

ISLAMABAD, Feb 19: An NGO has expressed the apprehension that the proposed amendments to the Pemra Bill, tabled in the National Assembly, could hamper the freedom of the media.

The report titled "Amendments in the broadcast law: shifting the goal posts?" appeared recently in the "Media Law Bulletin" of the Inter news, an NGO with global presence.

In an analysis of the proposed changes in the Pemra laws, the media quarterly round-up of the NGO expressed the apprehension that the proposed amendments might make the situation "worse from bad", especially if the changes were approved without a proper debate inside and outside the assemblies.

According to the NGO, through amendment in Section 30 of the Pemra Ordinance, the bill seeks to give discretionary powers to the authority to vary licence conditions and suspend or revoke the licence.

It calls for abolition of a three-member committee that is to be constituted, under the present law, by the federal government under the chairmanship of a retired judge of the high court or the Supreme Court.

The committee is empowered to render its opinion as to whether or not a licensee has contravened any of the provisions of the Pemra Ordinance. The committee's other members include one representative each from the licensee and the authority. The bill seeks deletion of the committee-related provision.

The bill has further expanded Section 29 through addition of Section 29(A) which has enhanced the recovery powers of Pemra. The bill seeks recovery of arrears and penalties from licensees as arrears of land revenue.

The amendment bill has also enhanced the amount of fine which may be imposed by the authority from Rs1-2 million. Suggesting addition of clause (b) to Section 27 of the ordinance, the bill presumes the possibility of what it says abuse of media power, which it does not define.

The clause authorises the authority to prohibit any broadcaster from engaging in any practice or act which amounts to abuse of media power by way of harming the legitimate interests of another licensee or wilfully causing damage to any other persons.

In a move to oust the jurisdiction of the superior courts, the amendment bill has sought to restrict the licensee's right to pre-empt a negative order from the authority by adding to the same clause a provision that allows him/her to go to high court only (reducing forums of appeal) within thirty days of an order of the authority and not a show cause or other notices.

The present laws leave a room for pre-empting a negative order and seeking a stay against it by the high court. But the amendment seeks to restrict the licensee from moving the high court before an order of the authority.

It is also not explained if the order of the authority will not be implemented within 30 days of its passage to allow the licensee to move the court and stay its enforcement lest it is enforced first and then challenged in the court.

According to the proposed amendments, the authorized Pemra officials are being empowered to inspect the premises of the radio/TV stations. Though the present law allowed the same, it required an official to do so after giving a reasonable notice. This requirement is now proposed to be deleted from the law.

Regarding enforcement powers, the amendments tabled in the National Assembly seek to require the federal, provincial and district governments to assist the authority in discharge of its functions.

This, according to Matiullah Jan of the Internews, means the police have been empowered to take action on a report from an authorized Pemra official. Similarly, the bill also allows the Pemra officials along with the police to get a search warrant from the court (The court hasn't been defined) and raid any premises which is suspected of housing an illegal broadcasting station.

A crucial change being proposed in Section 21 of the ordinance is the proposed deletion of its clause (3) wherein the authority is under obligation to expedite the licensing and operation of private radio and TV stations with the objective of facilitating freedom of expression on the airwaves.

The present law also requires the authority to ensure that no unreasonable delay occurs in processing the applications on the grounds that the federal or provincial governments require an unspecified time to complete their procedures. This whole clause (3) is being proposed to be deleted in the amendment bill.

According to the report, the public interest argument is also being used to enhance the authority's powers to provide exemptions from any provisions of the ordinance to anyone.

Section 32 of the present law requires the authority that such exemptions shall be made in conformity with the principles of equality and equity as enshrined in the Constitution. But the amendment bill seeks to do away with this restriction which is rooted in the Constitution.

The bill also suggests that the authority should be empowered to appoint members of the Council of Complaints as against the federal government's power at present. However, it states that the federal government should approve such appointment. The bill also seeks powers for the council to summon a licensee to explain his position on a complaint.

The bill proposes amendment in Section 6 of the ordinance wherein it seeks payment of authority-specified fee and expenses to the ex-officio members of the authority as well just like other members.

They were not entitled to such payments earlier. The ex-officio members are secretary ministry of information, secretary Interior Division and chairman Pakistan Telecommunication Authority.