ISLAMABAD: The High Court of Islamabad (IHC) issued a notice of contempt of court on Tuesday before the president of Pakistan's Electronic Media Regulatory Authority (Pemra), Saleem Baig, for using the court's name to issue strict guidelines to media and presenters.
Pemra recently issued a notice to private television channels, restricting the appearance of presenters on different television channels as analysts.
Since the court has already issued justified cause notices to the executive director of TV BOL and the presenter Sami Ibrahim, president of the Supreme Court of IHC, Athar Minallah, appointed the general lawyer of Islamabad "for prosecuting people against whom notices of just cause have been issued."
The court appointed eminent journalists I.A. Rehman, M. Ziauddin, Javed Jabbar, president of his own faction of the Federal Union of Journalists of Pakistan, Afzal Butt, and the president of the Pakistan Broadcasting Association, Shakeel Masood, as amici curiae in the matter related to regulations For private media.
The media regulator asked why he used the name of the court to issue strict guidelines to television channels and presenters
The president of the court, Minallah, was hearing a case of contempt of court against the presenter Ibrahim for linking the bond granted to former Prime Minister Nawaz Sharif to an agreement.
On October 26, IHC questioned Pemra for not taking action against broadcasters that were violating the code of conduct for them.
Subsequently, Pemra issued a directive for private media outlets in which, contrary to what the court had ordered, the regulator imposed a ban on the appearance of presenters as analysts in talk shows on different television channels.
When the president of the court, Minallah, resumed the hearing, he called the president of Pemra to the gallery and asked if the court ordered the regulator to impose a ban on the appearance of presenters on television channels as analysts.
Baig responded negatively.
When the court asked why, then Pemra issued such instructions to television channels giving the impression that this court had given instructions in this regard, Mr. Baig could not give a plausible explanation.
The president of Pemra also failed to show any provision that empowers the regulator to impose such restrictions.
The court noted that "the president's conduct and the restrictions imposed through the guidelines by giving the impression that they were in accordance with the instructions given by this court, prima facie seems to constitute a crime under the contempt of court ordinance of 2003 ".
As for the presenter who linked Mr. Sharif's release with an agreement, the court ordered TV BOL Y Hum tv to send recordings of your programs in three days.
The court ordered the presenter Ibrahim and the TV BOL The executive director will submit his answers in writing within seven days. The presenters Mohammad Malick, Hamid Mir, Amir Mateen and Kashif Abbasi have also been instructed to present their responses.
The court noted that taking into account the importance of the questions highlighted in these contempt procedures and the consequence in the context of the fundamental rights guaranteed by article 19, 19-A of the constitution, the court has designated eminent journalists as Amici Curiae They are asked to assist the court, among other things, in relation to the scope of articles 19 and 19-A in the context of the administration of justice and matters that are sub judicial.
According to court orders, the amici curiae "will also help in the application of the code of conduct prescribed in Annex A of the Rules of the Electronic Media Regulatory Authority of Pakistan, 2009".
Mr. Baig informed the court that Pemra since August of this year had issued 70 notices of show cause to private channels for violation of the code of conduct.
Hamid Mir sought the attention of the court towards unannounced censorship, saying that certain unknown elements attempted to influence television channels regarding their programs or news content. He said that to guarantee the freedom of the media, such elements must be treated in accordance with the law.
The President of the Supreme Court, Minallah, commented that he was also aware of the problem, but at this time the court was not willing to proceed in this matter. However, he asked Mr. Mir to suggest some recommendations in this regard.
The hearing was postponed until November 18.
Posted on Dawn, October 30, 2019
Source: https://www.dawn.com/news/1513746/ihc-issues-contempt-notice-to-pemra-chairman