PAKISTANELECTRONIC MEDIA REGULATORY AUTHORITY ORDINANCE 2002
AS AMENDED BY THE
PAKISTANELECTRONIC MEDIA REGULATORY AUTHORITY (AMENDMENT)ACT, 2007
(ACT NO.II OF 2007)
AN
ORDINANCE
toregulate electronic
1
media inPakistan
WHEREAS it isexpedientto provide for thedevelopmentofelectronic
2
media in order to-
(i) improve thestandards ofinformation, education andentertainment;
(ii) enlarge the choice available to the people ofPakistan in the media for news, current
affairs, religious knowledge, art, culture, science, technology, economicdevelopment,
socialsector concerns, music, sports, drama and other subjects of publicand national
interest;
(iii) facilitate the devolution of responsibility and power to the grass-roots byimprovingthe
access of the people tomass media at the local and community level; and
(iv) ensure accountability, transparency and good governance by optimizingthe free flow of
information;
AND WHEREAS, the President is satisfied that circumstances exist whichrender it necessary totake
immediate action;
NOW, THEREFORE,inpursuance of Proclamation of Emergencyofthe fourteenth dayof October,1999
andthe Provisional Constitution Order No.1 of 1999 read withthe Provisional Constitution(Amendment)
Order No. 9 of1999, and inexercise of all powers enablinghiminthat behalf, the President of the Islamic
RepublicofPakistan is pleasedtomake and promulgatethefollowingOrdinance:-PRELIMINARY
1. Shorttitle,extent and commencement.— (1)This Ordinance shall becalledthe
PakistanElectronic Media Regulatory AuthorityOrdinance,2002.
(2) It extendstothe whole of Islamic Republic of
3
Pakistan.
(3) It shall come intoforce at once.
1
For WordBroadcast substitutedbyword “electronic” by PEMRA Amendment Act, 2007(Act No.II of
2007).
2
Ditto.
3Words “Islamic Republic of” inserted byPEMRA Amendment Act, 2007(Act No.IIof 2007).
1
2. Definitions.- Inthis Ordinance, unless there is anythingrepugnantinthe subject or
context,-
(a) “advertisement” means a set of visual and audio messages for the projection ofa product,
service, orideawiththe objectofpropagating sale, purchase or hire oftheproduct,
service or idea for creating other related effects;
(b) “Authority” means the Pakistan Electronic Media RegulatoryAuthority(PEMRA)
established under section 3;
(c) “broadcast media” means such media which originateand propagate broadcastand
prerecordedsignals byterrestrial means orthroughsatellite for radio or televisionand
includes teleporting, provision of access to broadcast signalsby channel providers and
suchother forms of broadcast media as the Authoritymay,withtheapproval of the
Federal Government, bynotificationin the official Gazette, specify
4
;
(ca) “broadcast station” means physical, technical and software infrastructure for the operation of
radio ortelevision and also includes satelliteuplinkingfromground, repeaters and all
suchother accessories
5
;
(d) “broadcaster” means a personengaged inbroadcastmedia except broadcastjournalistsnot
activelyinvolved inthe operation,ownership,managementor controlof the broadcast
media
6
;
(da)“cable TV” means receptionofbroadcastand pre-recordedsignalsfromdifferentchannels
and their distributiontosubscribers through a set of closed transmissionpaths
7
;
(e) “Chairman” means the Chairmanof the Authority;
(ea) “Chairperson”means the head of aCouncil of Complaint
8
;
(f) “channel” means the set of frequencies that a broadcast station occupies for broadcasting;
(fa) “channel provider” means a vendor who represents local or foreign channels and provides access
of their signal to a distribution service;
9
(g) “company” means acompanyas defined inthe Companies Ordinance 1984(XLVIIof1984);
(h) “copyright”means copyright as defined inthe CopyrightOrdinance 1962 (XXXIV of 1962);
(ha)“Distribution Service” means a service which receives broadcast and pre-recorded
signals fromdifferentchannelsand distributes themtosubscribers throughcable,wireless or
satellite optionsandincludes Cable TV, LMDS, MMDS, DTH andsuchother similar
technologies;
10
4
Amended by PEMRA Amendment Act, 2007 (Act No.II of2007).
5
Definition of “broadcast station”inserted byPEMRA (Amendment) Act, 2007(Act No.II of2007).
6 Words “exceptbroadcast journalistsnotactivelyinvolved inthe operation, ownership,management or
control ofthebroadcastmedia” inserted byPEMRA AmendmentAct, 2007 (Act No.II of2007).
7
Insertedby PEMRA Amendment Act, 2007(Act No.IIof 2007).
8
Ditto.
9
Ditto.
10
Ditto.
2
(hb) “DTH” means Direct to Homedistribution of audiovisual signals received viasatellite to
small dishantennas across the foot-print ofthe satellite tosubscribers;
11
(hc) “electronic media” includes the broadcastmedia anddistribution services
12
;
(i) “foreigncompany” means a company or bodycorporate organized, and registered underthe
laws ofa foreign government;
(j) “frequency” means the frequency of the electromagneticwave number measuredinHertz per
second and usedfor transmission;
(k) “FAB” means the FrequencyAllocation Board establishedunder section42ofthePakistan
Telecommunication(Reorganization)Act, 1996(XVIIof1996);
(ka) “illegal operation”means the broadcast or transmissionor distributionof, or provisionof
access to, programmes or advertisements in the formof channels withouthaving a valid licence
fromthe Authority
13
;
(kb)“LMDS” means local multipointdistribution service totransmit audio-visual signals through
wireless devices, on a higher frequencyrangefor the provisionof cabletelevisionservice;
14
(l) “media enterprise” means anenterprise concerned with the publication ofa printed newspaper
ora broadcast media ordistribution service
15
;
(la) “MMDS” means multi-channel multi-point distributionservice totransmit audio-visual
signals through wireless devices, to multiple subscribers, after receiving such signals fromother
channels of communication
16
;
(m) “licence” means a licence issuedby theAuthority to establish and operate a broadcast media
ordistribution service
17
;
(n) “licensee” means a person to whomthe Authority has issueda licence;
(na)“newspaper” means a newspaper as defined by the Press, Newspapers, News Agencies and
Books Registration Ordinance,2002(XCVIII of2002);
18
(o) “member” means a member ofthe Authority;
(p) “national broadcaster” means the Pakistan Broadcasting Corporation, the Pakistan Television
Corporationandthe Shalimar Recording andBroadcasting Company;
(q) “PTA”means the Pakistan Telecommunication Authorityestablishedunder the Pakistan
Telecommunication(Reorganisation)Act, 1996(XVIIof1996);
(r) “person” includes anindividual,partnership,association, company,trust orcorporation;
11
Ditto.
12
Ditto.
13
Ditto.
14
Ditto.
15
Words “a broadcast media or distribution service” inserted by PEMRA (Amendment) Act, 2007 (Act
No.IIof2007).
16
Definition of MMDS inserted byPEMRA (Amendment) Act, 2007 (ActNo.II of2007).
17 Words “a broadcast media or distribution service” inserted by Inserted by PEMRA (Amendment) Act,
2007(Act No.IIof2007).
18
Definition of “Newspaper” inserted byPEMRA (Amendment) Act, 2007 (Act No.II of 2007).
3
(s) “prescribed” means prescribedby the rules or regulations
19
madebythe Authority;
(t) “programme” means the systematicbroadcasting of visualorsoundimages bya broadcast
station but doesnotincludeanadvertisement;
(ta) “regulations” means the regulationsmade under this Ordinance;
20
.
(u) “rules” means the rules made under this Ordinance;
(v) “Teleport” means a facility withinstalled equipment used or required inthe process of
uplinking or downlinkingofaudio-visual programmes and signals between anearth
stationand a satellite; and
21
(w) “uplinking” means transmission ofaudio-video signal fromground transmissionfacility toa
satellite, inorder to transmitany programme within or outsidePakistan.
22
3. Establishmentofthe Authority.- (1) As soonas may be, after thecommencement of this
Ordinance, theFederalGovernmentshall,bynotificationinthe Official Gazette, establishanauthority to
be knownas the Pakistan Electronic MediaRegulatory Authority(PEMRA) for carryingout thepurposes
ofthis Ordinance.
(2) The Authority shall be a body corporate havingperpetual succession and a common seal
with powers subjecttotheprovision ofthisOrdinancetoholdand dispose ofpropertybythe said name,
sue and be sued.
(3) The principal office of the Authority shall beat Islamabadandit may set up offices at
such place or places in thecountryas it may deemappropriate.
(4) Noact or proceeding ofthe Authorityshallbeinvalid byreason only ofthe existenceofa
vacancy in, or defect intheconstitution of, the Authority.
4. Functions ofthe Authority
23
. (1)The Authorityshallbe responsible for regulating the
establishmentandoperation of all broadcast media and distribution services inPakistanestablished for the
purposeofinternational, national, provincial,district, local orspecialtargetaudiences.
(2) The Authority shall regulate the distribution of foreign andlocalTVand radio channelsinPakistan;
(3) The Authority may,bynotificationinthe official Gazette, makeregulationsandalsoissue
determinationsfor carrying out the purposes of this Ordinance.
5. Power of the Federal Government to issue directives. – The FederalGovernmentmay,as and
whenit considers necessary, issue directives tothe Authority onmatters ofpolicy, and such directives shall
bebindingon the Authority, andif a questionarises whether any matteris a matter ofpolicy ornot, the
decision of the FederalGovernmentshallbe final
19
Word“Regulations” inserted byPEMRA(Amendment)Act,2007 (ActNo.II of 2007).
20
Definition of “Regulations” inserted byPEMRA(Amendment)Act, 2007 (Act No.II of2007).
21
Definition of “Teleport” insertedby PEMRA(Amendment)Act, 2007 (Act No.II of2007).
22
Definition of “Uplinking” inserted byPEMRA(Amendment) Act, 2007 (Act No.II of 2007).
23
Former Section 4 which readas “4. Functions ofthe Authority: The Authorityshallbe responsible for
regulating the establishmentand operation ofallbroadcastand CTV stationsinPakistan establishedfor
the purpose ofinternational, national, provincial, district, local or special target audiences” substitutedby
PEMRA(Amendment)Act, 2007(Act No.II of2007).
4
6. Members of Authority.- (1) The Authority shall consist of a Chairman and twelve
24
members to
beappointed by the President of Pakistan.
(2) The Chairmanofthe Authority shall bean eminent professional of knownintegrity and
competence havingsubstantialexperiencein media, business, management, finance,economics or law.
(3) Out of twelve
25
members one shall beappointed bythe Federal Governmentonfull time
basis and five shall be eminent citizens chosen to ensure representationofall provinces withexpertise in
oneormore ofthefollowing fields:media, law, human rights, and social service. Of thefive members
fromthe generalpublic, two members shall be women.
(4) Secretary, Ministry of Information and Broadcasting, Secretary,Interior Division, Chairman,
PakistanTelecommunication Authorityand Chairman, Central Board of Revenue
26
shall bethe ex officio
members.
(4A) The remaining two members shallbe appointed bythe Federal Governmenton needbasis
onthe recommendation oftheChairman
27
.
(5) The members shall receivesuchfee and expenses for each meeting as may be
prescribed
28
.
(6) A member, other than an ex officiomember, shall be deemed to havevacatedhis office if
heabsents himself for three consecutive meetings ofthe Authority without the leave of the Authority.
29
7. Tenure of members.- (1) The Chairman and members, other than ex officiomembers, unless
earlier removed for misconductor physicalor mentalincapacity, shallholdoffice for a period of four years
andshall be eligible for re-appointment for a similar termoras theFederalGovernmentmaydetermine:
Provided that the Chairman and a member shall retire on attaining the age of sixty-five years.
Explanation.- Forthe purposes ofthissection the expression “misconduct” means conviction for
anyoffenceinvolvingmoral turpitudeand includes conductprejudicialto good order or unbecoming ofa
gentleman.
(2) The Chairman or a member may, bywriting underhis hand,resignhis office.
8.Meetings of theAuthority,etc. (1) The Chairman or, in his absence, the member elected by the
members for the purpose, shall preside at a meeting ofthe Authority.
(2) One-third of the total members shall constitute a quorum for meetings ofthe Authority
requiringa decision bythe Authority.
24
Word “nine” substitutedby word “twelve” by Insertedby PEMRA Amendment Act,2007(ActNo.II of
2007).
25
Ditto.
26
For the words “MediaDevelopment,Secretary, Interior Division and Chairman Pakistan.
Telecommunication Authority” the wordsand commas “Broadcasting, Secretary,InteriorDivision,
Chairman, Pakistan Telecommunication AuthorityandChairman, CentralBoard ofRevenue” substituted
bythe PEMRA(Amendment)Act, 2007 (Act No.II of2007).
27
Newsub-Section 4-A inserted bythe PEMRA(Amendment) Act, 2007 (Act No.II of 2007).
28
The words “, other thanex-officiomembers, shall participate inall meetings and” omittedbythe
inserted by the PEMRA(Amendment)Act, 2007(Act No.II of2007).
29
Newsub-Section 6 inserted by the PEMRA (Amendment)Act, 2007 (ActNo.II of2007).
5
(3) The members shall have reasonable notice of the time and place of the meeting and the
matters on whicha decision by the Authority shall betaken insuch meeting.
(4) The decisions ofthe Authority shall betakenbythe majority ofits members present, and
in case of a tie, the member presiding a meeting shall have acasting vote.
(5) All orders, determinationsand decisions ofthe Authority shall be taken in writingand
shall identify the determination of the Chairman and each member separately.
9. Remuneration, of Chairman and members.- (1) The Chairman and members shall be paid such
emoluments as the President of Pakistanmay determine andshall not be variedtotheir disadvantage during
their termof office.
10. Chairman and members not to engage themselves in certain business,etc.-
(1) The Chairman shallnot,during his termofoffice, engagehimself inanyother service,
business, vocation or employment, or enter into the employment of, or accept any advisory or consultancy
relationship withany person orentity engagedinapplyingfor a licence fromthe Authority oroperatinga
broadcast stationestablished withinthe purview of the Authority orinprovidingservices orproducts tothe
Authorityon anyof the projects, schemes, proposals or plans undertaken, executed orsupervisedbythe
Authority orany related undertaking ofsuchaforesaid personor entity.
(2) The members shallnot have any director indirectfinancialinterest, or have any
connectionwithany such person, entity orrelatedundertakingas mentionedinsub-section(1) ofthis
section associated in any waywith the licensee of abroadcast station for so long as theyare members and
hold office.
11. Officers, employees, etc. – Tocarry out the purposes of this Ordinance, the Authority may, from
timetotime, appointmembers of itsstaff,experts, consultants, advisers and other officers and employees
onsuch terms and conditions as it may deem fit.
12. Officers, etc. deemed to bepublic servants. – The Chairman, members, members of its staff,
other officers and employees of the Authorityshallbe deemed tobe publicservantswithinthe meaning of
section 21 of the PakistanPenalCode (Act XLVof 1860).
13.Delegation.- The Authoritymay,bygeneralor specialorder, delegate tothe Chairman ora
member orany member ofits staff, oran expert, consultant, adviser,orother officer oremployee ofthe
Authority any ofits powers, responsibilities orfunctions under this Ordinance subject to suchconditions as
it may by rulesprescribe:
Providedthat the delegationof such power shall not include the powerto grant, revoke or cancel a
broadcastmedia or distribution service licence except Cable TV.
30
14. Fund.- (1) There shall be established a fund to beknown as “PEMRAFund” whichshall vest in
the Authority andshall be utilizedbythe Authority tomeet charges inconnection withits functions
including paymentof salaries and other remunerations tothe Chairman, members, employees
31
, experts and
consultants of the Authority.
(2) The Fundshall consist of.-
30
Inserted by the PEMRA (Amendment) Act, 2007 (Act No.II of 2007) inplace of first and second proviso
to Section13whichread as “Providedthatthe delegation ofsuch power shall notincludethe power to
grant,suspend,revoke or cancela broadcastlicence Providedfurtherthatthe rulesmade under this
Ordinance shallspecifyuse ofdelegated powers and shallbe framed and enforcedafter promulgation of
this Ordinance and before the notification of the establishment ofthe Authority”.
31Word“servants” substitutedfor word“employees’ bythe PEMRA (Amendment) Act, 2007(Act No.II of
2007).
6
(i) Seed money bythe Federal Government;
(ii) fees for issuance and renewal of
32
licences forestablishingand operatingbroadcast or CTV
stations;
(iii) loans obtained withthe special orgeneral sanction ofthe Federal Government;
(iv) foreignaidobtainedwithsanctionof andonsuchterms andconditionsas may beapproved
by the FederalGovernment; and
(v) all other sumsreceived by theAuthority fromany other source.
(3) The Authoritymayopen and operateone or more accountsinlocal, or foreign currency,
in anyscheduled bank
(4) The Authority may invest its funds insuchinvestments as it may, from time totime,
determine.
33
15.Budget.- TheAuthority shall, in respect of each financial year, prepareits own budget and submit
it tothe Federal Governmentthree months beforethe commencement of everyfinancialyear for
information.
16. Accounts andAudit. – (1) The Authority shall maintain complete and accurate books of
accounts of its actual expenses and receipts in such form as the Federal Government may, in consultation
withthe Auditor General of Pakistan, determine.
(2) The Authority shall cause tobe carriedout audit of its accounts by one or more auditors
who are chartered accountantswithinthe meaning of the Chartered Accountants Ordinance, 1961 (X of
1961).
(3) Notwithstanding the auditprovided insub-section (2) the Auditor-Generalshallhavethe
power to audit orcause to be audited the accounts ofthe Authority.
17. Annualreport. – The Authority shall compile andsubmit anannual report onits operationsand
accounts for each financial year to the President of Pakistan and shall also arrange for its publication and
circulation to the media and the public.
18. Categories oflicences
34
.-The Authority shall issue licences for broadcastmedia and distribution
service inthe followingcategories, namely:-i. International and National scale stations;
ii. Provincial scale broadcast;
iii. LocalArea orCommunity based Radio and TV Broadcast;
iv. Specific and specialized subjects;
v. Distribution services; and
32Words “and renewal of” insertedbythe PEMRA(Amendment)Act, 2007 (Act No.II of2007).
33
Sub-section 4 inserted by the PEMRA(Amendment)Act, 2007(Act No.II of2007).
34
New Section 18 insertedbythe PEMRA (Amendment)Act,2007 (ActNo.II of 2007) for the former
Section 18.
7
vi. Uplinking facilities including teleportingand DSNG.
(2)TheAuthority mayfurthersub-categorize the categories specifiedinsub-section(1) as it may
deemfit.
19. Licence to broadcast or operate.- (1)
35
The Authority shall haveexclusive righttoissue
licences forthe establishmentand operationofall broadcastmedia and distribution services, provided that
this exclusive right shall beusedby the Authority in conformity withthe principles offairness and equity
appliedtoall potential applicants for licences whose eligibility shall bebasedon prescribedcriteria notified
inadvance andthatthisshall be done through an open,transparent bidding process:
Providedthat the biddingshall beheld if the number ofapplicationsexceeds the number of licencesto be
issued by the Authority.
(2) Noperson shallengage in anybroadcastmedia or distribution service
36
except after
obtaining a licence issued under this Ordinance.
(3) Every licence shall be subject to such terms and conditionsas may beprescribed.
(4) The Authorityshall have the power to determine number of licences to be issuedin each
category or sub-category and charge fees at such rates as the Authority may fix fromtime to
timefor the grant of alicenceand for its annual renewal
37
.
(5) The Authorityshalldevise a Code ofConductfor programmes andadvertisementsfor
compliance by the licensees.
38
20. Terms and conditions of licence.- A person
39
who isissuedalicence under thisOrdinanceshall-(a) ensure preservation of
40
the sovereignty,security and integrity ofthe Islamic Republic of
Pakistan;
(b) ensure preservation of
41
the national, cultural, social andreligiousvalues and the principles of
public policy as enshrinedin the Constitution of the Islamic Republic of Pakistan;
(c) ensure that all programmesand advertisements donot contain or encourage violence,
terrorism, racial, ethnic or religiousdiscrimination,sectarianism, extremism, militancy,
hatred, pornography,obscenity, vulgarityor other materialoffensive to commonlyaccepted
standards of decency
42
;
(d) complywithrules made underthis Ordinance;
35
New sub-Section (1) inserted by the PEMRA (Amendment) Act, 2007 (Act No.II of 2007) inplace of the
former sub-Section (1).
36
For the words “broadcasting or CTV operation” the words “any broadcastmedia or distribution service”
substituted bythe PEMRA (Amendment) Act, 2007 (Act No.II of 2007).
37
Former sub-Section 4substituted bythe PEMRA(Amendment) Act, 2007 (Act No.II of2007).
38
Newsub-Section 5 inserted by the PEMRA (Amendment)Act, 2007 (ActNo.II of2007).
39
For the words “broadcaster or CTV operator” the word“person” substitutedbythe PEMRA
(Amendment) Act, 2007(Act No.IIof 2007).
40
For the word “respect” the words “ensure preservation of” substituted by the PEMRA (Amendment) Act,
2007(Act No.IIof2007).
41
Ditto.
42
Former clause (c) replaced by new clause(c) bythe PEMRA (Amendment)Act, 2007 (ActNo.II of
2007).
8
(e) broadcast, if permissible under the terms of its licence
43
, programmes inthe public interest
specified bythe FederalGovernmentorthe Authorityinthemannerindicated bythe
Governmentor, as the case maybe, the Authority, provided thatthe duration ofsuch
mandatoryprogrammes do notexceed tenper centof the totalduration of broadcastor
operationbya stationintwenty-four hours except if, byits ownvolition,a stationchooses to
broadcast
44
such content for a longer duration;
(f) complywiththe codes of programmes and advertisements approved bythe Authorityand
appoint an in-house monitoringcommittee,under intimationto the Authority, to ensure
compliance of the Code
45
;
(g) notbroadcast or distribute anyprogramme or advertisementinviolation of copyrightorother
propertyright;
(h) obtainNOC fromAuthoritybeforeimportof anytransmitting apparatusfor broadcasting,
distribution or teleportingoperation
46
; and
(i) notsell, transfer or assignany of the rights conferredby the licence without prior written
permission of the Authority.
21.Consultation with Provinces
47
: (1) The Authority shall, exceptwhere applications for the
issuance ofa licence relates toIslamabadCapital Territory, invite the comments ofthe Governmentofthe
Province concerned,withregardtothe proposed location oftheRadio, TV orMMDS station for which the
application hasbeen made, and ifthe concern ProvincialGovernmenthas any reservationtothe issuance of
43
Words “or distribute” substituted for the words “if permissible under the terms of its licence” by the
PEMRA(Amendment)Act 2007(Act No.II of2007).
44
Words “ordistribute” omitted by the PEMRA (Amendment)Act2007 (Act No.II of2007).
45 Words “and appoint anin-house monitoringCommittee,under intimationtothe Authority, toensure
compliance of the Code” inserted by thePEMRA (Amendment) Act 2007(Act No.IIof 2007).
46
Former Clause(h) which read as “(h) obtain licence from the PTA and the FABbefore importof any
transmittingapparatus for broadcasting orCTV operationsystem;and”substitutedbythe PEMRA
(Amendment)Act 2007 (Act No.II of 2007).
47
Former Section 21 which read as: “21. Concurrence of Provinces: (1) The Authority, except where
applicationsfor the issue oflicences relates tothe IslamabadCapital Territory, shall invite a representative
of the Governmentof theProvince concerned with regardtothe proposed location ofthe radio station or
TV channelorCTV station for which the application has been made and shall consider the viewpointof the
concerned ProvincialGovernmentbefore takinga decision onthe issuance, suspension, revocation or
cancellation of a licence:
Provided that where the ProvincialGovernmentobjects to the issuance of a particular licence or its
suspension, revocationor cancellation,the applicant shall beprovidedanopportunity tobepresent at the
meeting of the Authorityand affordedapublichearing with regardtothe observations made bythe
Provincial Government.
(2) Where the broadcastsignalof a radio station ora TV channelorthe CTV network has the potentialto
cover anarea outsidethe limits ofthe Province in whichthe unitis proposed tobelocated, the
Authorityshall invite one or more representatives from each of the four Provincial Governments to express
their viewpoint, ifany, onthe inter-Provincialdimensions ofthebroadcast signal.
(3)Inapplyingthe provisions ofsub-section (2) the Authority shall ensure that the consultation withthe
Provincial Governmentorthe Provincial Governments, as the case may be, is conducted withthe objective
of facilitatingfreedomofexpression onthe air waves withinthe framework defined bythis Ordinance and
shall ensure that nounreasonable delay occurs inthe issuance of a licence andits utilizationbythe licensee
merelyon the grounds thatthe FederalGovernmentand the Provincial Governments require unspecified
time tofulfil their respective and relatedprocedures” substitutedbythe PEMRA(Amendment) Act, 2007
(Act No.IIof 2007).
9
the licence, the Authority shall invite the representative ofthe Provincial Governmentand consider its
viewpointbefore takinga decisionon the issuanceof alicence:
Provided that where the Provincial Government objects totheissuance of a particular licence, the
applicantshall be providedan opportunity tobe present at the meeting of the Authority and given an
opportunityof being heard withregardtotheobservations made bytheProvincialGovernment.
(2) Where the signal of aradio, TV or MMDS station has the potential to cover an area
outsidethe limits ofthe Province inwhichthe unit is proposedtobelocated,the Authority shallinvite one
or more representatives from the concerned ProvincialGovernments toexpress their viewpoint, if any, on
the inter-Provincial dimensions of the signal.
22 Duration for consideration of the application for a licence.The Authority shall takedecision
on the application for alicence within one hundred days fromthe receipt of the application.
23. Exclusion of monopolies.- (1) No person shall beentitledto the benefit ofanymonopoly
or exclusivity inthe matter of broadcasting orthe establishmentand operation ofbroadcastmedia or
distribution service
48
or in the supply to or purchase from, a national broadcaster of air time, programmes
oradvertising material andall existing agreements and contracts totheextent ofconferringamonopolyor
containing an exclusivity clause are,tothe extent ofexclusivity, hereby declaredto be inoperative and of
nolegaleffect.
(2)
49
In granting a licence, the Authority shall ensure that open and fair competitionis
facilitatedinthe operation of more than one media enterprise in any given unit ofarea or subject and that
undue concentration ofmedia ownership is notcreatedinanycity, townor area andthe countryas a whole:
Providedthat if a licensee owns, controls or operates more than onemedia enterprise, he shall not indulge
inany practice whichmay impedefare competitionand provisionof level playing field.
24. Licence, application, issuance, refusal and validity.-(1)
50
Any person desirous of obtaining a
licence for establishmentand operation ofbroadcast media or a distribution serviceshallapplytothe
Authority in such manner and formas may be prescribed.
(2) The Authority shall process each application in accordance with prescribed criteria and
shall hold public hearings in the respective provincial capitals of each Province, or as the case may be, in
Islamabad, beforegranting orrefusingthe licence.
(3) Each application shall be accompanied bysuchfee asthe Authority may prescribe.
(4) A licenceshallbe validfora periodof five, ten or fifteen years subject topayment of the
annual fee prescribedfromtime totime.
48
For thewords “or CTV stations” the words “media or distribution service” substituted by thePEMRA
(Amendment)Act 2007 (Act No.II of 2007).
49
For the sub-section(2) whichreadas: “(2) In granting a licence, the Authority shall ensure that, as far as
possible, open and fair competitionis facilitatedinthe operation ofmore than one channel inany given unit
of area or subjectand thatundue concentration of media ownership is notcreated inanycity, town orarea
and the country as a whole by virtue of the applicant for a broadcast or CTV operation licence already
owningoroperating,as soleor jointshareholder of anyother broadcastor CTV station,printed newspaper
ormagazine.” new sub-section (2) substituted bythe PEMRA (Amendment) Act 2007(Act No.II of 2007).
50
For thesub-section (1) whichreadas:“(1) Any person desirous of obtaining a licence for broadcasting or
operating acable TV network andfor establishmentand operation ofa broadcaststation orCTVnetwork
shallapplytothe Authorityinsuch manner and formas maybe prescribed.” new sub-section (1)
substitutedby the PEMRA (Amendement) Act 2007(Act No.II of 2007).
10
(5) The Authority may renew a licence on such terms and conditions as may be prescribed
and in case of refusal to renew a licence reasons shall berecordedin writing.
25. Certain persons not be granted licence.- A licence shallnot begranted to—
(a) a person whoisnota citizen ofPakistan orresidentinPakistan;
(b) a foreign companyorganized under thelaws ofany foreign government;
51
(c) a company the majority of whose shares are owned or controlled by
foreign nationalsor companies whose managementorcontrolis vested in foreign
nationalsorcompanies;or
52
(d)
53
any person funded orsponsored bya foreign government ororganization.
26. Council of Complaints.- (1)
54
The Federal Governmentshall, bynotificationinthe Official
Gazette, establishCouncils ofComplaints at Islamabad, the Provincial capitals and alsoatsuchother places
as the Federal Governmentmaydetermine.
(2) Each
55
Council shall receive and review complaints made by personsor organizations
fromthe generalpublicagainstanyaspects of programmes broadcastor distributed bya station
56
established througha licence issued bythe Authority and render opinions onsuchcomplaints.
(3) Each
57
Councilshallconsistof a Chairperson
58
and five members being citizens of
eminence from the general public at least two ofwhomshall bewomen.
(3 A)
59
The Councils shall have the powers tosummon a licensee against whoma complaint has
been madeand call for his explanation regardingany matter relatingtoits operation.
(4) The Authority shall formulate rules for the functionsand operation ofthe Councils within
two hundred days ofthe establishment ofthe Authority.
(5) The Councils may recommendtothe Authorityappropriate action of censure, fine against
a broadcast or CTV stationorlicensee forviolation ofthe codes of programmecontentandadvertisements
as approved bythe Authority as may be prescribed.
51 Word“or”at the end ofclause (b) omitted bythe PEMRA(Amendment) Act 2007 (Act No.II ofthe
2007).
52
Word “or” atthe end of clause (c) insertedbythe PEMRA (Amendment)Act2007 (ActNo.II of the
2007).
53
New clause (d) inserted by the PEMRA (Amendment)Act 2007 (Act No.II ofthe 2007).
54
For the sub-section (1) which read as: “(1) The Federal Governmentshall establisha Council of
Complaints, hereincalledthe Council, with as manybranches as necessary, withintwohundred days of the
establishment ofthe Authority;” new sub-section (1) substitutedbythe PEMRA (Amendment) Act 2007
(Act No.II of the 2007).
55
The word“The” substitutedbythe word“Each” bythe PEMRA (Amendment) Act 2007(Act No.II of
the 2007).
56
For the words “by a stationorCTV network”the words “or distributed bya station”substitutedby the
PEMRA (Amendment) Act 2007 (Act No.II ofthe 2007).
57
For the word “The” substitutedbythe word“Each”bythe PEMRA (Amendment) Act 2007 (Act No.II
ofthe 2007).
58
For the word “Chairman” the word“Chairperson” substituted bythe PEMRA (Amendment)Act2007
(Act No.II of the 2007).
59
Newsub-section (3A)inserted bythe PEMRA(Amendment) Act 2007(Act No.II ofthe 2007).
11
27. Prohibition of broadcast media or distribution serviceoperation
60
:- The Authority shall by
order in writing, giving reasonstherefore, prohibit anybroadcast media or distribution service operator
from–
(a) broadcasting orre-broadcasting or distributing anyprogramme or advertisementifitisof the opinion
that such particular programme oradvertisement is against the ideologyofPakistanor is likelytocreate
hatredamong the peopleor isprejudicialtothe maintenance of law and order orislikelytodisturb public
peace and tranquility or endangers national security or ispornographic, obscene or vulgar or is offensive to
the commonly accepted standardsof decency; or
(b) engaginginany practiceoract whichamounts toabuse ofmedia power by wayofharming the
legitimate interests of another licensee or willfully causing damagetoany other person.
28. Suspension of broadcast media or distribution service
61
.- Abroadcast media or distribution
service
62
operator shall not cease or suspend broadcasting excepton accountof force majeure or withthe
prior approval ofthe Authority.
29. Power to authorize inspection (1)The Authority may authorize any ofits officers orits
nominees to enter the premises of a broadcastmedia or distributionservice
63
operatorfor purposes of
inspection
64
.
(2) A broadcastmedia station ordistribution service premises
65
shall, at all reasonable times,
be opentoinspection byan authorizedofficer under sub-section (1) and the licensee shall provide such
officer withevery assistance and facility in performinghis duties.
(3) The authorizedofficer shall, within forty-eight hours ofthe inspection,submit his
inspection report tothe Authority.
(4)
66
The Authority may authorize any ofits officers toundertake investigation,inthe mannerit
may prescribe, inany matter with regard toits functionsand to seekany specific information, fromany
person, whichthe Authority may deemusefulin order toenable it to determine and dispose of such matter.
(5) The Authority or as the case may be the Chairman, after issuing show causenotice to broadcast
media or distribution service mayseize itsbroadcastordistribution service equipment,or sealthe
premises, which isbeing used incontravention of the provisions ofthisOrdinanceor the rules made
thereunder orany other law:
60
For the section 27which readas:“27. Prohibition ofbroadcasts orCTVoperation:The Authorityshall
byorder,givingreasons inwriting for declaring the order, prohibitanybroadcaster orCTV operator from
broadcasting orre-broadcasting or distributing anyprogramme ifit isof opinion thatsuch particular
programme is likely to create hatredamong the people oris prejudicial tothe maintenance of law and order
orlikely todisturbpublic peace andtranquility orendangers national security.” new section27substituted
bythe PEMRA(Amendment)Act 2007 (Act No.II of2007).
61Words “broadcasting orCTV” inmarginalheadingsubstitutedby words “broadcast media or distribution
service” by thePEMRA (Amendment) Act 2007 (Act No.II of 2007).
62
The words “broadcasting or CTV” substituted by words “broadcast media or distributionservice” bythe
PEMRA(Amendment)Act 2007(Act No.II of2007)
63
For the words “broadcaster or CTV” the words “media station ordistribution service premises”
substituted bythe PEMRA (Amendment) Act 2007(Act No.II of 2007).
64
Words “after giving reasonablenotice” omitted by thePEMRA (Amendment) Act 2007 (Act No.II of
2007).
65
For the words “broadcaster or CTV” the words “media station ordistribution service premises”
substituted bythe PEMRA (Amendment) Act 2007(Act No.II of 2007).
66
Sub-section(4), (5) & (6) inserted bythePEMRA (Amendment) Act 2007 (Act No.II of2007).
12
Providedthat the equipment shall bereturnedtothe holder of a valid licence after imposing on him such
penalty as the Authority may determine.
(6) The Authority may, after the licensee hasbeen, given reasonableopportunity toshowcause,
impose fine uptoone millionrupees ona licensee who contravenes any ofthe provisionsof this Ordinance
orthe rules or regulationsmadethereunder.
29-A. Dues to be recovered as arrears of land revenue.
67
- All dues including outstandinglicence fee,
annualrenewalfee or any other charges includingfineas imposed bytheAuthorityshallbe recoverable as
arrears of landrevenue.
30. Power to vary conditions, suspend orrevoke the licence
68
.- (1) The Authority mayrevoke or
suspend the licence of a broadcast media ordistribution service byan order inwriting on one ormore of
the followinggrounds, namely:-
(a) the licensee has failed to pay the licence fee, annual renewal fee or any other charges
includingfine, ifany;
(b) the licensee has contravened anyprovision of thisOrdinance or rules orregulations made
thereunder:
Provided that in the case of revocation of a licence of a broadcast media anopiniontothis effect
shall also be obtained fromthe Council of Complaints;
(c) the licensee has failedtocomply withany condition of the licence; and
(d) where the licensee is a company, and itsshareholders have transferred a majorityof the shares
inthe issuedor paid upcapital ofthe company orifcontrol ofthe company is otherwise transferred to
persons not beingthe original shareholders ofthe company at the timeofgrant of licence, without written
permission of the Authority.
(2) The Authority may vary any ofthe terms andconditions ofthe licence where it deems that such
variationis inthe public interest.
(3) Except for reason ofnecessity inthe public interest a licence shall not be varied, suspended or revoked
under sub-section (1) or(2) unlessthe licensee has beengiven reasonablenotice toshowcauseand a
personalhearing.
30A. Appeals
69
.Anypersonaggrievedbyanydecision or order oftheAuthoritymay,withinthirty
days of the receiptofsuchdecision ororder,preferanappealtothe High Court:
67
Section 29Ainserted bythe PEMRA (Amendment) Act 2007 (Act No.II of 2007).
68
Section 30 whichreadas: “30. Power to vary conditions, suspend orrevokethe licence (1) The Authority
mayrevoke orsuspend the licence ofa broadcaster or CTV operator on one ormore ofthe following
grounds, namely:-(a) the licenseehasfailed to pay the licence fee and charges;
(b) the licenseehas contravened anyprovision ofthis Ordinanceorrules made thereunder and an opinion to
this effect has beenrenderedbya Committee constituted bythe Federal Government, comprising a
nominee of the licensee, a nominee ofthe Authority and a retiredjudge ofa HighCourt or the Supreme
Court whoshall bethe Chairmanof the Committee;
(c) the licensee has failedtocomply withany condition of the licence; and
(d) if the shareholdersof the licensee, being a company, have transferred the majority of their shares.
(2) Exceptfor reasonof necessity inthe public interest a licence shall not be suspended or cancelled under
sub-section. (1) unless the licensee has beengiven reasonable notice toshow cause.” substitutedby the
PEMRA(Amendment)Act 2007(Act No.II of2007).
69
Section 30Ainserted bythe PEMRA (Amendment) Act 2007 (Act No.II of 2007).
13
Provided that PEMRA shall make availablea copy of its decisionororder ofrevocationof licence within
twenty-four hoursafter decision to the licensee for referring an appeal to the High Court.
31. Uplinking Facilities
70
.- (1) No personshall carry out uplinkingwithouta validTeleport orSatellite
TV licence from the Authority;
(2) The Authority may, subject tofulfillmentofsuchconditions, as may beprescribed, issue
permissionin writingtoany party tocarry outtemporary uplinking froma groundtransmissionfacility toa
satellite inorder to transmitany programme within or outsidePakistan.
32. Power to grant exemptions.- The Authority maygrantexemptions fromanyprovisions of this
Ordinance, where the Authority is ofthe view that suchexemptionserves the public interest and the
exemptionsso grantedshall besupported byrecordingthe reasons for grantingsuchexemptionsinwriting
providedthatthe grantofexemptions shallbe based onguidelines andcriteria identifiedin the Rules and
that suchexemptions shall be madeinconformitywiththe principles of equality andequity as enshrinedin
the Constitution.
33. Offences and penalties.- (1) Anybroadcast media or distribution service
71
operator orperson
who violates or abets the violationof any ofthe provisionsofthe Ordinance shall beguilty ofan offence
punishable witha finewhich may extendto ten
72
millionrupees.
(2) Where such broadcastmedia or distribution service
73
operator orperson repeats the
violation or abetment, such personshall be guilty ofanoffence punishable withimprisonment for a term
whichmay extendtothree years, orwithfine, or with both.
(3) Where the violation, or abetmentof the violation of any provision ofthisOrdinance is
made bya person who does not hold a licence, suchviolation shallbe punishablewithimprisonmentfor a
term whichmay extendtofour years, or withfine, or withboth, in additiontothe confiscation ofthe
equipment usedin the commission of the act
74
.
(4)
75
Whosoever damages, removes,tampers with orcommitstheftofanyequipmentof a
broadcastmedia or distribution service station licensedbythe Authority, including transmitting or
broadcasting apparatus,receivers, boosters, converters, distributors, antennae,wires, decoders, set-top
boxes or multiplexers shall be guilty ofan offence punishable with imprisonment whichmay extend to
three years,orwithfine, orboth.
33A
76
. The Officers of Federal, Provincial and Local Government to assist Authority.- The officers of
FederalGovernment, ProvincialGovernments and LocalGovernments including the CapitalTerritory
Police and the Provincial Police shall assist the Authority andits officers inthe discharge oftheir functions
under theprovisionsofthisOrdinance andthe Rules andRegulations made thereunder.
70
Former Section 31 which read as: “31. Powers toissue certificate: The Authority shall issue the
necessarycertificates and documentation tothe broadcaststation or CTV networktoconductup-link
betweena groundtransmission facilityand a satellite inorder totransmit any programme content for
broadcast purposes withinor outsidePakistan.” substitutedbythe PEMRA (Amendment) Act 2007 (Act
No.IIof2007).
71
For the words “broadcaster or CTV”words “broadcastmedia or distribution service” substituted by the
PEMRA(Amendment)Act 2007(Act No.II of2007).
72
For word“one” word“ten” substituted bythe PEMRA (Amendment) Act 2007(Act No.II of 2007).
73
For the words “broadcaster or CTV”words “broadcastmedia or distribution service” substituted by the
PEMRA(Amendment)Act 2007(Act No.II of2007).
74Words “, inadditiontothe confiscation of the equipment usedinthe commissionof the act” inserted by
the PEMRA(Amendment)Act 2007 (Act No.II of 2007).
75
Sub-section 4 inserted bythe PEMRA (Amendment) Act 2007 (Act No.II of 2007).
76
Section 33Ainserted bythe PEMRA (Amendment) Act 2007 (Act No.II of 2007).
14
33B. Warrants for search.
77
- (1)Where oninformation furnishedby the Authority, the Court has reason
tobelieve thatanyunlicensed broadcast media or distribution service isbeing owned,controlled or
operated or its equipment is being kept or concealed, it may issue a search warrant and the person to whom
search warrantis directed, may enter thepremises where suchunlicensed broadcastmedia or distribution
service is being owned, controlled, operated or provided or its equipment is being kept or concealed, or
carry out searchand inspection thereof and seize all or any equipment therein.
(2) Anyequipmentof a broadcast media station seized under sub-section (1) having no ostensible
owner shall vest inthe Authority.
34. Cases to be initiated on complaint.- No court shall take cognizance of any offence under subsection (1) or (2) ofsection 33of
78
this Ordinance exceptona complaint inwriting bythe Authority orany
officer authorized by it.
34-A. Offences tobecompoundable and cognizable
79
.- The offences under sub-section(3) andsubsection (4) ofsection 33ofthisOrdinanceshallbe compoundable andcognizable.
35. Cognizance ofoffences etc.- (1) Nocourtinferiortothat ofa Magistrate ofthe first class shall
try an offence punishableunder thisOrdinance.
(2) Notwithstanding anything contained insection 32 ofthe CodeofCriminalProcedure,
1898 (Act V of1898), it shall belawfulfor any Magistrate of the first class to passany sentence authorized
by this Ordinance even if suchsentenceexceeds his powers under the saidsection 32.
36. Offences by companies.- (1) Where any offence under this Ordinance has beencommittedbya
personwhoat the timethe offence was committed was in charge of, and was responsible tothe company
for the conductofthe business of the company as well as the company itself shall be deemedto be guilty of
the offence and shall beliable to be proceeded against and punished accordingly.
(2) Where the person guilty ofan offence under this Ordinance, is acompany, corporationor
firm, everydirector, partner and employee ofthe company,corporation orfirmshall,unless he proves that
offence was committedwithout his knowledge, or consent,shall be guilty of the offence andshall beliable
to beproceededagainst and punished accordingly.
37. Ordinance overrides otherlaws.- (1) The provisions ofthis Ordinance shall haveeffect
notwithstandinganythingto the contrarycontained inanyother law for the timebeing inforce, orany
contract, agreement or any other instrument whatsoever:
Provided that –
(a) the national broadcasters, namelythe PakistanBroadcastingCorporation shall continue to
beregulatedbythe PakistanBroadcastingCorporation Act 1973(XXXII of 1973)andthe Pakistan
TelevisionCorporation and Shalimar Recording and Broadcasting CompanyLimited shallcontinue tobe
administered under the provisionsoftheCompanies Ordinance 1984 (XLVII of 1984);and
(b) other existing private broadcasters orCTVoperators who had been granted respective
monopolies inmulti-modaldistribution system, cableTV and inFMradioshallhenceforthbe regulatedby
this Ordinance except in respects where specific exemptionsare granted bythe Authority.
77
Section 33B inserted bythe PEMRA (Amendment) Act 2007 (Act No.II of 2007).
78
Words “sub-section(1) or(2) ofsection33of” insertedbythe Section 33A inserted bythe PEMRA
(Amendment)Act 2007 (Act No.II of 2007).
79
Section 34Ainserted bythe PEMRA (Amendment) Act 2007 (Act No.II of 2007).
15
38.Indemnity.- No suit, prosecution or other legal proceeding shall lie against the Federal
Governmentorany ProvincialGovernment orlocalauthorityor any other personexercisinganypower or
performing anyfunction under this Ordinance or for anything which isingoodfaithdone or purporting or
intended to be done under thisOrdinanceor anyrulemade thereunder.
39. Power to make rules.- (1) The Authority may, with the approval of the Government, by
notificationin the official Gazette, makerules tocarry out the purposes of this Ordinance.
(2) In particular, and withoutprejudice tothe generality ofthe fore-going power, suchrules
may beprovided for all or any ofthe followingmatters, namely:-
(a) to prescribe the forms for the licences for working,installing,operating,or dealingin
transmission broadcast or distribution apparatus andthemanner in whichapplicationsforthelicences shall
be granted;
(b) toprescribe the terms and conditions of the licence including fee to bechargedin
connection withthe issuance oflicences and relatedmatters,
80
(c) toprescribe standards and measuresfor theestablishment of broadcastmedia stations,
installation of broadcasting, distribution service or teleporting equipment, transmitters, receivers, boosters,
converters,distributorsandcommon antennae;
81
(d)
82
to prescribe terms andconditions for the broadcast media or distributionservice operators who own,
control oroperate more than onemedia enterprise;and
(e)
83
to definethe circumstances constituting undue concentration of media ownershipandabuse of
powers and anti-competitive practices bymedia companies.
40. Removal of difficulties.- If anydifficultyarises ingiving effecttothe provisions ofthis
Ordinance, theAuthority may make such order, notinconsistentwithprovisions of thisOrdinance, as may
appeartoitto be necessaryforthe purpose ofremovingthe difficulty.
80
Theword “and” omitted at the end by the PEMRA(Amendment)Act 2007(Act No.II of2007).
81
For clause (c) which readas: “(c) to prescribe standards and measures forthe establishmentofbroadcast
or CTV stations, installation of broadcasting equipment, transmitters, receivers, boosters, converters,
distributors andcommonantennae.” substitutedbythe PEMRA (Amendment) Act 2007(Act No.II of
2007).
82
Clause (d) inserted bythePEMRA (Amendment) Act 2007 (Act No.II of2007).
83
Clause (e) inserted bythePEMRA (Amendment) Act 2007 (Act No.II of2007).
16
