Suspension of Broadcasts and PEMRA’s Regulatory Role

In Dr. Shahid Masood vs. Federation of Pakistan (2010 SCMR 1849), the Supreme Court of Pakistan addressed the suspension of broadcasts of ARY News and GEO News by certain cable operators. The petitioners, including Dr. Shahid Masood, invoked the Court’s extraordinary jurisdiction under Article 184(3) of the Constitution, arguing that the suspension violated fundamental rights, particularly freedom of expression and the right to access information.

Background:

The petitioners, Dr. Shahid Masood and Muhammad Farhan, challenged the suspension of ARY News and GEO News channels by licensed cable operators in Karachi. They alleged that the suspension was motivated by malice and was orchestrated in collusion with governmental authorities to suppress media freedom. The petitioners argued that the suspension was unlawful, violated PEMRA regulations, and infringed upon their fundamental rights.

PEMRA and the Ministry of Information and Interior were called upon to explain the situation. During the hearings, PEMRA officials, including the Chairman, initially denied any directive to block the channels but later acknowledged issuing show cause notices to the operators for violating license terms. The officials cited safety concerns for employees and equipment due to a volatile law and order situation as the reason for the suspension, a claim not substantiated by any police reports.

Key Issues:

Authority of PEMRA and Compliance with Licensing Terms: Whether PEMRA had fulfilled its regulatory duties to ensure compliance with licensing terms by the cable operators under the PEMRA Ordinance, 2002.

Freedom of Expression and Access to Information: Whether the suspension of broadcasts violated the fundamental rights of freedom of expression and access to information under Articles 19 and 19-A of the Constitution.

Legality of Actions Taken by Cable Operators: Whether the cable operators' actions in suspending the broadcasts were lawful or constituted a breach of their obligations under the licenses issued by PEMRA.

Court's Analysis:

Regulatory Role of PEMRA: The Supreme Court criticized PEMRA for its failure to enforce its own regulations and ensure compliance by the cable operators. The Court highlighted that under Sections 20, 24, 27, 28, 30, and 33 of the PEMRA Ordinance, 2002, PEMRA was empowered to regulate broadcast services, prevent illegal suspensions, and penalize violations. The Court noted that the issuance of inadequate show cause notices and failure to take decisive action against the operators demonstrated a lack of enforcement of PEMRA’s regulatory authority.

Violation of Fundamental Rights: The Court emphasized the importance of freedom of expression and the right to access information as fundamental rights guaranteed by the Constitution. It held that the arbitrary suspension of broadcasts without lawful justification was a violation of these rights. The Court underscored that any restriction on these rights must be reasonable, legal, and subject to judicial scrutiny. In this case, the cable operators’ actions lacked legal basis and due process.

Unlawful Suspension by Cable Operators: The Supreme Court determined that the cable operators had acted unlawfully by suspending the broadcasts without proper authorization from PEMRA. The operators were found to have breached their license terms, which required continuous distribution of broadcasts unless suspension was justified under force majeure or with prior approval from PEMRA. The Court directed immediate resumption of broadcasts and warned of potential penalties for non-compliance.

Court's Conclusion: The Supreme Court directed PEMRA to ensure the immediate restoration of ARY News and GEO News broadcasts. It ordered PEMRA to take strict action against any cable operators found violating the PEMRA Ordinance or acting beyond their authority. The Court underscored PEMRA’s obligation to uphold the public’s right to information and maintain the integrity of media operations in Pakistan.

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