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LONDON: A Pakistani television channel could become the first-ever channel in the United Kingdom ordered to broadcast the summary of a legal judgement against it. At a legal hearing in London on Wednesday, Judge Sir David Eady ruled that the summary should be broadcast on Dec 23 (Friday) at 6pm, 10pm and 3am in the first five minutes of each hour. The words will have to be displayed on the screen as well as being read out.
The ARY will have to say in Urdu: “On Dec 2, 2016, the High Court of Justice ordered the UK broadcaster of ARY News... to pay £185,000 in libel damages to Mir Shakilur Rehman, the Editor-in-Chief of Jang/Geo Group, in relation to seriously defamatory allegations broadcast in 24 programmes which the judge said simply had no foundation. The court held that the broadcasts were unrelenting and calculated to arouse hatred towards Mir Shakilur Rehman (and indeed quite possibly violence) among members of the Pakistani community in this jurisdiction.”
The channel must also broadcast that there was no evidence to support the claims and that during the trial, ARY Network made it clear they did not suggest that any of the allegations were true.
The ARY has appealed against the order and the outcome of that appeal is not yet known. Depending on when the result of the appeal is known, the date of the on-air correction may be delayed.
“I am glad that ARY will now finally broadcast one true story about us,” said Mir Ibrahim Rehman after the judgement was given. “I am proud that rather than replying in kind, the largest media group in the country resorted to the rule of law instead. We sued ARY in over 15 cases in Pakistan and one case in the UK.”
The latest ruling against ARY came after it was told earlier this month to pay £185,000 for libelling Geo’s Chief Executive Mir Shakilur Rehman. The money has to be paid by 4.30pm on Jan 4 next year.
When legal costs are taken into account ARY’s total bill is likely to be closer to £3m. Of that amount, £900,000 has to be paid by 4.30pm on Jan 11.
Lawyers for Mir Shakilur Rehman identified ARY programmes in which he had been libeled between 2013 and 2014. The broadcasts included repeated claims that he was a traitor to Pakistan who had conspired with Indian intelligence agencies and the CIA to publish fabricated stories maligning Pakistan’s armed forces.
The channel said Mir Shakilur Rehman should have no right to live in Pakistan and that his company should be stripped of its broadcasting licence. ARY even accused him of blasphemy and of desecrating the holy Quran.
The ARY has also been told it must not repeat any of the allegations. It has been restrained from broadcasting anything saying Mir Shakilur Rehman is a traitor, or is disloyal to Pakistan, or has behaved treacherously, or has committed treason or that he is guilty of blasphemy, or desecration of the holy Quran.
“This ground-breaking case has shown that broadcasters cannot get away with transmitting completely false allegations. And if they do, they can be ordered to broadcast a summary of the judgement against them,” said Alasdair Pepper of Carter Ruck, a London libel law firm which has been representing Mir Shakilur Rehman. “It’s a good day for people trying to protect their reputation from unfounded attacks.”
The order that ARY must publish the summary of the judgement against it is a first under the Defamation Act of 2013. Most UK channels report adverse judgements and issue corrections before being ordered to do so by a judge.
‘Persistent abuse’
The judge in the case, Justice Sir David Eady, found that the Geo boss was “singled out for persistent abuse over a year-long period.” Explaining why he had decided on a relatively high amount of £185,000, he remarked: “The sum I am awarding should be enough to convince any fair-minded observer of the baselessness of these serious charges...”
A 2015 judgement, at an earlier stage of the legal battle between the two media houses, concluded after a close textual analysis of the ARY programmes that some of the claims against Mir Shakilur Rehman amounted to “trial by TV”.
At that stage lawyers acting for ARY had argued that their presenter, Mubasher Lucman, was known for his colourful delivery and clumsy remarks. A reasonable viewer, they argued, would take what he said with a pinch of salt. It was not a line of defence that found favour with the judge.
The ARY failed to produce any evidence to substantiate its claims and also did not apologise for making the remarks.
The case has been heard in British courts because ARY, like many other Urdu-language Pakistani channels, is available in the UK via satellite. The network has three channels in the UK.
The allegations against Mir Shakilur Rehman were broadcast on ARY News. It was estimated that the broadcasts reached tens of thousands of people in the United Kingdom.
The UK is a lucrative media market, given the 1.7 million people with Pakistani links living in the country.
Published in Dawn December 22nd, 2016
Comments (33) Closed
what a shame for our country's news channels
ARY has been causing sensationalism for far too long. That is all they have to sell.
Which TV are they talking about?
UK judge What? Is this colonial British India of 1916?
@Khwarezmi Both Geo and ARY operate in Europe and North America, in fact, my family has a subscription to both in Canada.
The channels based in Pakistan don't have to do this, but their UK offices DO.
@Khwarezmi Simple answer to your question is ARY to stop broadcasting in UK and no UK judge will bother anymore to proud pakistanis.
@Khwarezmi "The case has been heard in British courts because ARY... is available in the UK via satellite. The network has three channels in the UK"
makes sense?
A shameful decision by UK court.
Ha ha ha, who will implement this
Well, I am not surprised, they are taking decisions for us since hundreds of years.
This is awesome. These hateful channels must be made to pay.
waoo amazing,,, hope such judgments will also pass here in Pakistan as wel,, hater must be stop now..
@Khwarezmi ARY operating in UK, any channel broadcasting in UK comes under UK jurisdiction. if they want to continue their presence they have to abide by the laws,, otherwise no ARY in UK...
This will never happen in Pakistan.. Justice is served. Good job dawn for publishing this and showing that not everywhere you can get away by bluffing.
The media in Pakistan serves many vested interests through its propaganda, passing it off as genuine news. A lot of the content is both inflammatory as well as defamatory, often designed to provoke violence. This is a small penalty for destroying the reputation of people willingly and callously. ARY should recover the costs from its anchor Mubasher Lucman, to teach a lesson to trojan horses fighting others battles.
@Anz ARY will, and be daned if they dont.
Loving it, ARY has a knack of speaking lies, their anchors diatribe full of hatred has to be reigned in and what better than with a hard slap on their own face and with a heavy penalty. Act reponsibly and if not then be responsible for your dubious acts.
ARY must be thank ful to Mubashir luqman for all this. On other hand they are still not ready to learn as Arshad sharif, Arif hameed bhati, Raouf klasra etc are continuing more or less the job of ML.
Good decision to stop hateful and wrong allegations just to increase the channel TRP.
If we have similar laws in Pakistan half of these news channels will be bankrupt
I am a staunch PTI supporter and I believe that this is a correct decision. ARY is a very very misleading channel and is full of filmy characters rather than professional journalists.
This is what happens when you believe in WhatsApp too much
Justice has been served in UK.When will it be served in Pakistan or as usual "might is right".
Everything about MSR is an open secret, which needs to be discovered by the UK Judges.
@Anz , If they don't pay then they will be ban from traveling to UK and their bank account will be frozen.
While the decision should be hailed n appreciated in true spirit. this should also be an eye opener for pti chief n its supporters that its high time they should take some serious lessons from outcome of this case. Secondly PML (n) can/should consider initiating similar case in UK courts against PTI n its chief for continuous falsehoods being spread since 2013 n constant bickering in the country that has made people cynical n conspiracy theorists.
@Satti well said. This should also be a lesson for those other channels that employ the likes of Dr. Shahid Masood and a few others who have nothing else to promote except for conspiracies and hate. Btw, there is a new kid on the block by the name of Bol channel. With the kind of hr they are hiring such as Mubashir Luqman etc, they better not have a presence in the UK
Both Geo and ARY are registered company in the UK
Mubashar lukman should be banned from all channels in Pakistan, he is the main culprit to flare hatred for Geo and the government
I hope not only ARY but many anchors of ARY and other channels should get some maturity. Running wild allegations and conspiracy theories cannot be sold for long. If they have really any proof they should lodge court cases in the public interest as they can follow court cases much better than ordinary citizens. Dramatising for the channel does not serve any purpose.
Pemra should take a note of this and take this matter further in Pakistan and ban ARY News for spreading false information and blaming others without proof.
Thanks
Led by mubashir luqman, Arif Bhatti and Ibrahim Sami. I'm the witness to series of accusations led by these personalities. ML has left the channel after landing them into hot soup. Policy of defamation and black mail should not be the agenda of any channel.
After this remarkable case the channels should learn that British courts are fully independent and the judgements are binding. They should not repeat this mistake.