LHC bars Pemra from taking 'adverse action' against anchorpersons until further orders by court

Published October 30, 2019
Lahore High Court orders Pemra not to take "adverse action" against anchorpersons until further orders. — Dawn/File
Lahore High Court orders Pemra not to take "adverse action" against anchorpersons until further orders. — Dawn/File

The Lahore High Court on Wednesday stopped Pakistan Electronic Media Regulatory Authority (Pemra) from taking any "adverse action" against anchorpersons who challenged a recent directive issued by the regulatory body — which barred television anchors from giving their "opinions" during talk shows — until further orders from court.

About 11 television anchorpersons filed a petition against Pemra's notification in the high court, saying that the directive violated Article 19 of the Constitution, which grants every Pakistani citizen the right to freedom of speech.

The order was also in contradiction with Article 9 of the Constitution, which dictates that no person shall be deprived of life or liberty save in accordance with law, the anchorpersons said. They urged the court to suspend Pemra's notification until the issuance of a final verdict in the case.

During the hearing today, Pemra's lawyer said that the regulatory body has already issued a clarification on the matter.

He regretted that television anchors "talked about deal [while] discussing a subjudice case" and added that the LHC did not have the jurisdiction to the hear the case as it can only be heard by the Islamabad High Court.

The high court accepted the petition for hearing and ordered all respondents, including Pemra and the ministry of information, to submit written responses. The hearing was adjourned indefinitely.

Pemra was criticised by the media as well as government officials for a notification issued on Sunday, which barred anchorpersons from giving their “opinions” during talk shows and limited their role to “moderator”. The notification also attracted the wrath of the IHC, which issued a contempt of court notice to the regulatory body's chairman yesterday for using the court’s name to issue strict guidelines to media houses and anchorpersons.

The notification issued by Pemra had ordered anchorpersons "not to appear as experts” in talk shows in their own or other channels and to make sure that guests invited on news shows are "selected with due care".

"Participants/invitees should be selected with due care having credibility as fair and unbiased analysts with requisite knowledge/expertise on the subject matter. As per Pemra code of conduct, the role of anchors is to moderate the programmes in an objective, unbiased and impartial manner, excluding themselves from their personal opinions, biases and judgements on any issue. Therefore, anchors hosting exclusive regular shows should not appear in talk shows whether own or other channels as subject matter expert,” the notification read.

The notification also referred to an order passed by the IHC on October 26, in the matter of Shahbaz Sharif versus the state, and said that the court had taken cognisance of various speculative TV talk shows whereby anchorpersons, in violation of the code of conduct, tried to malign the judiciary and its decision with mala fide intention.

“The court has sought a report of Pemra’s actions on such violations with reprimand,” the notification added.

Pemra also said the IHC had also noticed that some anchorpersons/journalists held speculative discussions on October 25 on some TV channels and alleged a purported deal with regard to the bail granted to former prime minister Nawaz Sharif on October 26.

“This was believed to be an attempt to tarnish the image and integrity of honourable superior courts and to make their judgement controversial,” it added.

After facing criticism, the regulatory body had defended the directive in a statement on Tuesday, which said that the earlier notification was misinterpreted.

"By no means [the notification] was to restrict freedom of expression as being projected by few," the statement said and added that the advisory was in accordance with Pemra's rules pertaining to discussion on sub-judice matters.

"Pemra is fully supportive of freedom of expression as enshrined in the Constitution of Islamic Republic of Pakistan with a role to regulate it within the bounds of Pemra laws and code of conduct."

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