Daud Malik
Daud@sdpi.org
Breaking away from the monotony of Pakistan Television, the private electronic media has made quick gains, giving people choices, and taking up subjects that have been considered too sensitive in the past to be discussed.
But the newfound space is under threat from another hasty legislation – Pakistan Electronic Media Regulatory (PEMRA) Amendment Bill, 2005, passed by the National Assembly on May 16 this year – giving the regulatory body powers to keep the private electronic media particularly broadcast sector in check. It amends the PEMRA Ordinance 2002.
The National Assembly Standing Committee on Information and Broadcasting rushed through the legislation, not inviting anyone for discussion. Even PEMRA did not feel the need to consult anyone.
The bill, now before the Senate for approval, seeks many changes giving powers to the regulatory body.
At an SDPI seminar, a representative of PEMRA gave grammatical errors as one of the reasons to bring in new changes, but a closer examination of the bill reveals much more than that.
Again, in the bill, the pretexts of “pornography, obscenity, vulgarity or other material offensive to commonly accepted standards of decency” have been used for a check on the electronic media. In the 2002 ordinance, the principle was “commonly accepted standards of decency.” It is just like the use of mantra of “national interest” to bulldoze every trace of opposition, and demanding complete subjugation.
This change would give the government a powerful tool to control the private radio and television channels; an effort to have a PTV-like command over electronic media. Not only the government would have a strong leverage, the “self-styled brigade” of morality against vulgarity would feel vindicated and come hard at the “faulting” TV channels.
Parallel to the urge to control vulgarity is the enthusiasm to protect “ideology of Pakistan” and “national security breach”, which would lead to prohibition of programmes. A lethal combination, it has been used in the past with success.
The proposed bill seeks to reduce the provinces of their presently legally vested role in the issuance, suspension or revocation of private broadcast licensing. PEMRA’s obligation to consult provinces in the process (in case of a provincial objection only) is being proposed to be turned into an option for the authority. The words “shall invite” comments from provinces is being proposed to be amended as “may invite.”
The amendments also empower local police stations to arrest without warrant any radio or TV broadcaster/licensee either on instructions from authority official or on their own after accusing him of “repeat violation” of any provisions of the PEMRA ordinance. Involving police shows the archaic way of controlling the people, as if the use of force would correct everything, though it never has.
Apart from giving police powers, licensees/broadcasters’ right to be heard is being withdrawn through proposed abolition of a three-member committee that would include a retired judge and licensee’s representative besides one PEMRA official.
The new changes also propose in-house monitoring (censorship) committees, to be formed by the private radio and TV licensees, but with the approval of the authority. It is like directly interfering with the editorial policy of the electronic media, and if any channel decides not to go by the official dictates, PEMRA will have the leverage of “vulgarity and obscenity.”
PEMRA membership is being increased to 12 from 9 to outnumber much-proclaimed current private sector majority of five members (even though nominated by government). The proposed addition of chairman Central Bureau of Revenue will increase ex-officio members to four.
With fourth ex-officio member, a government appointed executive member, two more government appointed members, besides the chairman, the government will be in complete control of the authority by majority of eight to five so-called private sector members, who too are, in fact, government appointed.
The authority’s discretionary powers to exempt anyone from any provisions of PEMRA law is being proposed to be exempted from conditions of making rules and respecting constitutional requirements of principles of equality and equity. Such conditions are being proposed to be deleted from the present laws. Similarly a whole paragraph referring to supporting “freedom of expression” in licensing process is also being proposed to be deleted.
These are strange amendments, introduced by the government, keeping in view its rhetoric of believing in the “freedom” of media. The government’s commitment was amply demonstrated on May 3 this year -- press freedom day – when journalists were beaten and arrested in Islamabad and Lahore.
After opening up the TV channels’ licenses to owners of newspapers, the government seems intent on coming up with strong regulations to “control” the powerful media barons in Pakistan. That is despite the fact that PEMRA has failed to even control cable operators, a fact that it openly admits.
If all the amendments are enforced, it is not difficult to imagine that the scenario of electronic media in Pakistan would be more like a cloning of PTV.
The need to change the PEMRA ordinance also betrays the government’s uneasiness with the space that has been created in the electronic media. Perhaps too much is being said and discussed for the government’s comfort, despite the fact that the president, prime ministers and ministers are getting most of the coverage.
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