media accountability

8/11/2019 Media Accountability

1/39


2/39

National School of Public PolicySenior Management Wing

15th SMC

Anwaar-ul-HaqueInland Revenue Service

15thSMC

Directing Staff:


3/39

PEMRA Chief: SC asks govt to submit clarificationPublished: September 9, 2014 Islamabad

3

The Supreme Court expressed

annoyance over the failure of

govt. to appoint a permanent head

of PEMRA.Justice Ijaz Ch.

remarked that committees were

used to delay matters. Ourconcern is that why PEMRA did

not take action against a TV

channel if it aired objectionable

content,he noted.
http://tribune.com.pk/


4/39

THE PAKISTANI MEDIA IS THE

FREEST MEDIA THAT MONEY CAN

BUY. THE LARGER STORY IS THAT

PAKISTANI MEDIA IS UP FOR SALE

- Christine FairAn Pakistan affairs Expert

Assistant Professor, Georgetown University, Washington

Source: http://axcessnews.com

4


5/39

Introduction

Media, Public Interest and Public Functions of MASS Media Statement of the Problem

Issues Involved

Negative role of media

Cross Commercialization & Allegations of foreign funding

PEMRA as a regulator of electronic media

Analysis of Important / Relevant Laws

Conclusion

Supreme Court and Media Accountability

Recommendations 5


6/39

6


7/39

Public Interest:Some thing which is widely considered to be essential to the

larger term welfare of society and its members.

7

Mass Media

The means of communications

that reach large numbers of

people in a short time, such as

television, newspapers,

magazines, radio etc.

Contd


8/39

Political :

Relate to active participation in political life by the majority which

is an essential component of democracy but it depends on the

optimum flow of communication to and amongst citizens.

Social and Cultural :

Relate to the whole range of news, entertainment, sports

coverage, public education etc. to promote national and cultural

identity.

Economic :

Relate to the contribution of media in stimulating the industrial

and technological advance.

8

FUNCTIONS OF MASS MEDIA


9/39

S.# Category Licensees

1. Satellite TV Channels 672. Landing rights to TV Channels (Mostly foreign

channels- CNN, BBC, FOX, Nat Geographic)

29

3. FM radio 116

4. Cable TV Distributors 2,1685. Multimedia Distributor Stations 6

6. Internet Protocol TVs 2

7. Mobile TVs 2 9

GROWTH OF ELECTRONIC MEDIA IN PAKISTAN

MILESTONES

In 2002 after promulgation of PEMRA Ord., the policy of SatelliteChannels was freed up resulting in airing of more than 80

channels to viewers.


10/39

Media, owing to its immense powers have become

unaccountable to any state institution or civil society.

Self declared Fourthpi l lar of the Statehas become one

of the Sacred Cows in the country and like most other

institutions, insists on self-accountability only.

Self accountability only seem to mean disappearance from

one channel for a month or so and to resurface on another

channel. No trail of government / foreign funding. Self accountable media failed to perform its role in

improving governance and wrongly effected society and

institutions.

10


11/3911


12/39

Tailored Crime Reporting:Extensive and tailored reporting on crime stories and

terrorism by media is a source of incitement, apathy and

fear.

Un-ethical Advertising:

The PEMRA Ordinance, 2002 (sec:20) lays down a clear cut

policy with regards to duration and content of programmes

and advertisements. It should not contain obscenity,

vulgarityor material offensive to decency

12Contd


13/39

Engineered & Unedited Live Programmes:

Rather than playing its role as a disinterested purveyorof news the Pakistani media has mostly seemed to have

craved being a political actorhimself.

Allegations of Lifafa journalism on anchors and

politicians by their own communities.

Yellow Journalism:

Most of the news broadcasts are being presented without

conducting any research / verification and cause unrest.

The race to be the first to air the scoop has often triggered

yellow journalism. 13

Contd


14/39

Insensitivity / Propaganda against State

Organizations and individuals are reported upon withoutkeeping in view social groups & emotions of the people /

organizations being reported upon causing discrimination.

(Unilateralblam ing of ISI chief in Ham id Mir case)

Promotion of pressure/interest groups

Pakistani media is famous for providing coverage to

amiablepressure and interest groups in lieu of cash and

other benefits.

(Mobi le ph one operators are NEVER cri t ic ized on m edia

being a major cl ient)

14

Contd


15/39

Promotion of mobocracy illiterate viewers

The coverage of violent protests has serious implications on

illiterate viewers and incites violence in them.

(Live coverage of Dharnas and violence against WAPDA officials)

Discussion on Sub-Judice matters

Media has recently been critically analyzing the conduct of

courts of the country and freely discusses sub-judice matters

on air.

15

Contd


16/39

Cross Commercialization of Electronic Media

Commercially driven, ultra-powerful media

primarily serves their sponsors rather than the

public.

Pursuance of Foreign Agenda

It has been alleged that a few media houses havelinks with foreign characters and are being funded

for propagating anti state agenda.

Polarization of Society:

Disproportionate projection of a few vested

interest groups / luxurious living styles have

resulted in polarization of society. 16Contd


17/39

17


18/39

18Contd

[Article 19] Freedom of speech, etc.

Every citizen shall have the right to freedom of speech

and expression, and there shall be freedom of the

press, subject to any reasonable restrictions

imposed by law in the interest of the glory of Islamor the integrity, security or defence of Pakistan or

any part thereof, friendly relations with foreign

States, public order, decency or morality, or in

relation to contempt of court, [commission of]or

incitement to an offence.

(Bo ld for emphasis)


19/39

19Contd

[19A] Right to information: (18thAmendment)

Every citizen shall have the right to have access to

information in all matters of public importancesubjectto regulation and reasonable restrictions

imposed by law.

(Bold for emphasis)


20/39

PEMRA Ord. was promulgated in 2002 to regulateelectronic media in Pakistan.

PEMRA AUTHORITY:

20Contd

Chairman

5 Members

(EminentCitizens)

4 Ex officio

Members

2 Members

(Need Basis)

1 Member(Full Time)

Total Members: 12

Ex officio Members

1. Sec. Interior

2. Sec. Info.

3. Chairman PTA

4. Chairman FBR


21/39

Improve the standard of information,education and entertainment.

Widen the choice for news, current affairs

and other programmes.

Facilitate the devolution of responsibilities.

Ensuring accountability, transparency and

good governance by optimising free flow ofinformation.

21


22/39

Regulation 5

Licensees shall show deference to the ethical and socialvalues of the country and ensure that

(a) any content that maligns or slandersany individualin person or certain groups is not broadcast or

distributed;(b) content does not make careless references to any

class or group of persons as being inherentlyinferior on account of religion, gender, age,disability or occupational status;

(c) content is not obscene or indecent;

(d) Offensive or derogatory jokesare not broadcast ordistributed;

Source: PEMRA website22


23/39

Regulation 5

(e) behaviour such as smoking and drug abuseisnot presented as glamorous or desirable;

(f) alcoholic beverages, tobacco products orany other narcoticsshall not be shown;

(g) content does not contain anything that, whentaken in context, tends to or is likely to exposean individual or a group or class of individuals tohatred or contemptand

(j) no content is aired that is offensive, indecent,vulgar or defamatory

Source: PEMRA website

23


24/39

Council of Complaints Section 26 (PEMRA ORD., 2002)

Disposal of complaints made by persons or organizations

from the general public for violation of the codes of

programme content and advertisements.

One for Federal Capital and one each for Provinces

Complaint Management system has been launched on

PEMRA website.

Composition of Council of Complaints:

Comprises of a chairman and 5 members being citizens of

eminence, two of which should be women.

24


25/39

Composition of Council of Complaints (Federal Capital)

25

Members


26/39

Prohibition of broadcast media or distribution

service operation (Section 27)

The authority by an order in writing giving specific reasons can

prohibit any broadcast media or distribution service operator from

broadcasting any programme or advertisement on account of:

a) Damage to ideology of Pakistan

b) Likely to create hatred among the people

c) Prejudicial to the maintenance of law and order

d) Damage to national security

e) Pornography, obscenity or vulgarity

f) Abuse of media power by harming legitimate interests of

other person.

26


27/39

Remedies available:

Action of censure / warning and fine.

Suspension / cancellation of license

27


28/39

28

On 6th June, 2014 GEO was suspended for 15

days and fined Rs.10(M) on a complaint by

Ministry of Defence.


29/39

Broadcasting has been included in the modes ofdefamation

Newspapers, Editors, Publications and Publisher have

also been included.

Section 3 Forms of defamation

Libeldefamatory statement in written form.

Slanderoral defamationSection 9 Remedies to infringement

Minimum Rs. 50,000 fine

Three months imprisonment

29


30/39

30Contd

Section Offence Penalty123-A Condemns Pakistan / advocates

curtailment of sovereignty etc

Imprisonment up to 10

years / fine

124-A Hatred / contempt to the

government

Imprisonment for life / fine.

153-A Inciting disharmony / feeling of

hatred / ill will regarding religion or

regional groups

Imprisonment for 5 years /

fine

292 Selling / distributing obscene

material

Imprisonment up to 3

months / fine

499 Defamation / publishes any

imputation to harm some ones

reputation

Imprisonment up to 2 years

/ fine


31/39

All Pakistan Newspapers Society (APNS)

Forum represented by the top newspaper editors and

owners.

Council of Pakistan Newspaper Editors (CPNE)

Forum represented by the editors of the prime media

groups of Pakistan.

Pakistan Federal Union of Journalists (PFUJ)

Forum represented by working journalists.

31


32/39

Despite laws and regulations, the media is increasinglybecoming unaccountable.

Costs imposed by unaccountable media might be more

than the benefits arising from free media.

Self control measures by media have not worked in lastdecade.

Outright coercive measures by government have not

worked well in past.

Even the supreme court seems to shying away from theproblem of irresponsible media except in cases where its

own repute is at stake.

Media however remains vulnerable to pressure from

financers/ pressure groups & Government.32Contd


33/39

Is Pakistan only about war, plunder,

intolerance, illiteracy and corruption?

Is media presenting a fair picture of Pakistanto the world?

Should the malpractices of media also be

weighed in on the scales of accountability?

33

Contd


34/39

Supreme Court in Constitutional Petition No. 104 of 2012 held

It is important to note that the PEMRA, despite the fact that certain

Constitutional and Statutory provisions are available, so far has not

laid Commonly Accepted Standard of Decency etc. Although the

notices have been issued to some of the Channels but it seems thatexcept issuing notices, no short term and long term measures have

been taken. Therefore, under the circumstances, we adjourn this

case enabling the PEMRA to:

First of all lay down Commonly Accepted Standard of Decency

keeping in view Article 37(g) of the Constitution and other

relevant laws and then take short term and long term measures

to control obscenity, indecency etc. This exercise they have to

undertake within a period of two weeks. (Supreme Court webs ite)34Contd


35/39

The Supreme Court has further decided to formulate a

code of conduct for journalists and has observed that an

implementable code of conduct was necessary for

media.

Supreme court approached for probing of MEDIA

Irregularities/corruption:Hamid Mir Case MIDAS (Pvt.) Ltd

The petition prays to the Supreme Court to form a

commission that will be responsible for inquiring aboutthe source of income of TV channel owners,

advertising agencies and anchorpersons.

Source: The Express Tribune, September 07, 2012.

35


36/39

Supreme Court appointed a Commission on

15.01.2013 comprising Justice (R) Nasir Aslam

Zahid (Chairman) and Senator (R) Javed Jabbar as

member for probing financial corruption in media.

The Commission submitted its report on 17TH

April, 2013.

FINDINGS:*

TheComm ission is of the opin ion that suf f ic ient

ground exists for forensic audi t and deta i ledinvest igat ions of cer tain transact ions and aspects

referred to in the pet i t ions accepted by the

cour t..*www.supremecourt.gov.pk36


37/39

Article 212 of the Constitution of 1973 which provides for

the establishment of administrative courts and appellatetribunals should be suitably amended to establish media

courts and tribunals to redress the grievances pertaining

to media malpractices.

Like others, forum of MEDIA OMBUDSMAN should be

established.

PEMRA Ordinance, 2002 should be amended accordingto the observation of Supreme Court regarding the

standards of ethics and decency and should be enforced

strictly.

37Contd


38/39

The associations of media people such as All Pakistan

Newspapers Society (APNS) and Council of Pakistan

Newspaper Editors (CPNE) should act as watchman ofpublic interest instead of their own interest.

Establishment of training institutes for reporters, anchors

and other media personnel for their capacity building inorder to meet the professional and ethical requirements.

Minimum qualification (education cum training) for

appearing as anchor person should be made compulsory.

MEDIA ECOLOGY To make people media literate through

awareness programmes at educational levels and

mandatory media education hours (on weekly basis) at all

private and state controlled channels. 38

Contd


39/39

media accountability

Documents