Legislation

PEMRA Ordinance 2002

(i) improve the standards of information, education and entertainment; (ii) enlarge the choice available to the people of Pakistan in the media for news, current affairs, religious knowledge, art, culture, science, technology, economic development, social sector concerns, music, sports, drama and other subjects of public and national interest; (iii) facilitate the devolution of responsibility and power to the grass-roots by improving the access of the people to mass media at the local and community level; and (iv) ensure accountability, transparency and good governance by optimizing the free flow of information;

1- Short title, extent and commencement (1) This Ordinance shall be called the Pakistan
Electronic Media Regulatory Authority Ordinance, 2002.

2-Definitions.- In this Ordinance, unless there is anything repugnant in the subject or

context,- (a) advertisement means a set of visual and audio messages for the projection of a product,service, or idea with the object of propagating sale, purchase or hire of the product,service or idea for creating other related effects; (b) Authority means the Pakistan Electronic Media Regulatory Authority (PEMRA) established under section (c) broadcast media means such media which originate and propagate broadcast and prerecorded signals by terrestrial means or through satellite for radio or television andincludes teleporting, provision of access to broadcast signals by channel providers and

such other forms of broadcast media as the Authority may, with the approval of the Federal Government, by notification in the official Gazette, specify etc. 3. Establishment of the Authority. 4. Functions of the Authority 5. Power of the Federal Government to issue directives.6. Members of Authority.-7. Tenure of member 8. Meetings of the Authority,

9. Remuneration, of Chairman and members. 10. Chairman and members not to engage themselves in certain business, etc.11. Officers, employees, etc. 12. Officers, etc. deemed to be public servants 13. Delegation. 14. Fund. 15. Budget. 16. Accounts and Audit 17. Annual report. 18. Categories of licences 19. Licence to broadcast or operate. 20. Terms and conditions of licence. 21. Consultation with Provinces 22 Duration for consideration of the application for a licence 23. Exclusion of monopolies. 24. Licence, application, issuance, refusal and validity. 25. Certain persons not be granted licence.- 26. Council of Complaints. 27. Prohibition of broadcast media or distribution service operation 28. Suspension of broadcast media or distribution service 29. Power to authorize inspection 30. Power to vary conditions, suspend or revoke the licence 31. Up linking Facilities 32. Power to grant exemptions 33. Offences and penalties. 34. Cases to be initiated on complaint. 35. Cognizance of offences etc. 36. Offences by companies. 37. Ordinance overrides other laws. 38. Indemnity 39. Power to make rules. 40. Removal of difficulties.-

CODE OF CONDUCT FOR MEDIA

BROADCASTERS/CABLE TV OPERATORS Programmes:(1) No programme shall be aired which:

(a) Passes derogatory remarks about any religion or sect or community or uses visuals or words contemptuous of religious sects and ethnic groups or which promotes communal and sectarian attitudes or disharmony: (b) contains anything pornographic, obscene or indecent or is likely to deprave, corrupt or injure the public morality; (c) contains an abusive comment that, when taken in context, tends to or is likely to expose an individual or a group or class of individuals to hatred or contempt on the basis of race or caste, national, ethnic or linguistic origin, colour or religion or sect, sex, sexual orientation, age or mental or physical disability; (d) contains anything defamatory or knowingly false; (e) is likely to encourage and incite violence or contains anything against maintenance of law and order or which promotes antinational or anti-state attitudes. (f) contains anything amounting to contempt of court. (g) contains aspersions against the Judiciary and integrity of the Armed Forces of Pakistan; (h) maligns or slanders any individual in person or certain groups, segments of social, public and moral life of the country. (i) is against basic cultural values, morality and good manners. (j) brings into contempt Pakistan or its people or tends to undermine its integrity or solidarity as an independent and sovereign country. (k) promotes, aids or abets any offence which is cognizable under the Pakistan Penal Code.

(l) denigrates men or women through the depiction in any manner of the figure, in such a way as to have the effect of being indecent or derogatory; (m) Denigrates children; (n) contains anything which tends to glorify crime or criminals; (o) contains material which may be detrimental to Pakistans relations with friendly countries; or (p) contains material which is against ideology of Pakistan or Islamic values. (2) Particular care should be taken to ensure that programmes meant for children do not contain objectionable language or are disrespectful to their parents or elders. (3) Programmes must not be directed against the sanctity of home, family and marital harmony. (4) While reporting the proceedings of the Parliament or the Provincial Assemblies, such portion of the proceedings as the Chairman or the Speaker may have ordered to be expunged, shall mot be broadcast or distributed and every effort shall be made to release a fair account of the proceedings of the Parliament or the Provincial Assemblies. Advertisements:(1) Advertisements aired or distributed by a broadcast or cable TV station shall be designed in such a manner that it conforms to the laws of the country and is not offensive to morality, decency and religious sects of the people of Pakistan. (2) No Advertisement shall be permitted which: (i) Promotes or supports sedition, anarchy or violence in country; (ii) Is against any provisions of the Constitution of Pakistan or any other law for the time being in force;

(iii) Tends to incite people to crime, cause disorder or violence or breach of law or glorifies violence or obscenity in any way; (iv) Glorifies adultery, lustful passions or alcoholic drinks or the non Islamic Values; (v) Distorts historical facts, traditions of Pakistan or the person or personality of a national leader or a state dignitary; (vi) Fans racial, sectarian, parochial, regional or class hatred; (vii) Promotes social inequality, militates against concepts of human dignity and dignity of labour. (viii) Is directed against sanctity or home, family and marriage. (ix) Is wholly or mainly of a religious or political nature; (x) contains references that are likely to lead the public to infer that the product advertised or any of its ingredients has some special property or quality which is incapable of being established; (xi) contains indecent, vulgar, or offensive themes or treatment; or (xii) contains material which is repugnant to ideology of Pakistan or Islamic values. (3) The goods or services advertised shall not suffer from any defects which are harmful to human health. Misleading claims about the goods shall not be made. (4) No advertisement which is likely to be seen by children in large numbers should urge children directly to purchase goods of a particular brand or ask their parents to do so. (5) All advertisements must be clearly distinguishable as such and be separate from the programmes and should not in any manner take the form of news or documentary.