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Category: Terms of Reference No. B

Reforms required in policies and actions should be addressed

Views held and expressed by civil society organizations, specially forums engaged with women’s empowerment, human rights, children’s rights, minorities’ rights and other advocacy groups about reforms required in PEMRA’s policies and actions should be effectively addressed through a process by which PEMRA invites these forums for regular exchanges of views.

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Actions to prevent the smuggling and open sale of DTH

To enable PEMRA to credibly curb the telecast of pirated / smuggled / illicit content from India, USA, and other sources, other government entities, Federal and Provincial such as, the Federal Board of Revenue / Customs, Federal Investigation Agency, Police Forces and Law Enforcement Agencies should take visible actions to prevent the smuggling and open sale of DTH (Direct-To-Home) set-top boxes from India.

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PEMRA, PBA, COA, PAS, AAP need to review policies and practices

To enable fair, cooperative, non-litigious regulation by PEMRA, Pakistan Broadcasters’ Association, Cable TV Operators Association, Pakistan Advertisers’ Society, and Advertising Association of Pakistan need to review their own existing policies and practices. This should ensure compliance by their members of their respective obligations to render public service duties and provide public interest content. Media should demonstrate complete transparency in rates charged for advertising, in time devoted to commercial content and programming content, and in fulfilling terms and conditions of licenses and other aspects of their social responsibilities.

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PEMRA should formulate policy for unfair impact of foreign content

Till the time that the proposed new legislation and restructuring of PEMRA is agreed upon and implemented: To encourage and promote the rich reservoir of talent and skills in the Pakistani people for creative drama, entertainment and content with tasteful popular appeal, PEMRA should formulate an appropriate policy that protects producers, directors, writers, actors and other segments of creative professional teams from the unfair impact of foreign content that is dubbed into Urdu and freely broadcast by TV channels, thus, reducing the time, rates and income for indigenous Pakistani talent.

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Directions that should be made to PEMRA

PEMRA should be directed to formulate a fair, transparent policy to issue licenses on a non-auction basis, without applying a commercial approach, for community-based electronic media. PEMRA should be directed to revise its discriminatory exclusion of NGOs registered as social welfare associations, societies, trusts, not-for-profit joint-stock companies from being eligible applicants for community-based electronic media. PEMRA should be directed not to disqualify applicants on the basis that they are the recipients of funding support from multi-lateral institutions such as United Nations Agencies, regional organizations such as European Union or friendly foreign countries. Safeguards can be enforced to prevent community-based electronic

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Recommendations of the aims expressed in the legislation and models of regulatory forums

(i) Based on a comprehensive appraisal of the original aims expressed in the legislation that introduced private electronic media to Pakistan, and with reference to models of regulatory forums in countries with democratic systems, the Commission makes the following Recommendations for the consideration of the Hon’ble Court and for the consideration of the new National Assembly elected on 11thMay,2013 which, with the already existing Senate, represents the new Parliament of Pakistan. (ii) There is an urgent need to revisit and reconstruct the laws, regulations and rules by which PEMRA exists and functions. (iii) Elements that should shape amendments to the

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Recommendations by the Media Commission for the reform of PEMRA

Recommendations by the Commission on TOR No. B for the reform of Pakistan Electronic Media Regularity Authority (PEMRA). 1. Recommendations of the aims expressed in the legislation and models of regulatory forums. 2. Formulation of policy for unfair impact of foreign content. 3. Concerns and complaints of stakeholders should be addressed. 4. Reforms required in policies and actions should be addressed. 5. Renewed efforts for hearings and disposal of cases dealings. 6. PBA, COA, PAS, AAP and PEMRA need to review policies and practices. 7. PEMRA should freeze the issuance of licenses for TV channels. 8. Actions to prevent the

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Brief historical background of TOR No. B

Brief historical background: 1. Unlike privately-owned print media such as newspapers and magazines, electronic media such as Radio and TV commenced their existence in Pakistan in 1947, and in 1968 respectively, as State-owned entities, entirely subject to Government control. 2. This pattern was established by the colonial British government for all areas of South Asia in general and not only for those areas which eventually became part of an independent Pakistan. Due to its ability to transcend the requirement of print literacy, Radio broadcasting was viewed by the occupying British power as a powerful instrument to influence public opinion and,

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