Three separate petitions were filed in the Sindh, Lahore, and Islamabad high courts challenging the Pakistan Electronic Media Regulatory Authority’s (PEMRA) notification banning TV channels from broadcasting news of court proceedings. The notification, issued on May 21, has stirred significant controversy, with media organizations and journalists decrying it as a blow to press freedom and judicial transparency.
PEMRA’s Notification Sparks Outrage
PEMRA’s notification directed all satellite news channel licensees to refrain from airing any content, including commentary, opinions, or suggestions regarding subjudice matters that could prejudice court determinations. The directive explicitly prohibits broadcasting tickers and headlines about court proceedings until final judgments are made.
The media watchdog emphasized compliance with PEMRA laws in line with the Supreme Court’s judgment in Suo Moto Case No. 28 of 2018. Non-compliance, it warned, would result in legal action. Various quarters have resisted this directive, leading to petitions in multiple high courts.
The Islamabad High Court (IHC) saw a petition from the court’s reporters’ association, which argued that PEMRA’s directive imposed a blanket ban on live reporting of court proceedings. The petitioners contended that this restriction undermines the independence of the judiciary, violates the public’s right to access information, infringes on journalists’ freedom of speech, and hampers litigants’ right to a fair trial.
They argued that the notification jeopardizes the livelihood of courtroom journalists and violates their constitutional rights under Article 18, which guarantees the right to profession and trade.
Similar petitions were filed in the Sindh High Court’s Sukkur bench and the Lahore High Court. The Pakistan Federal Union of Journalists (PFUJ) has been notably outspoken. They filed a petition in the SHC, naming the federal government, PEMRA, and the information secretary as respondents. The PFUJ argues that the ban endangers the profession of courtroom journalism and infringes on the fundamental rights of journalists.
In Islamabad, the petitioners sought interim relief, requesting the court to suspend PEMRA’s notification. They criticized PEMRA for issuing the directive without consulting the judiciary. They labeled this action as an assault on judicial independence and public access to information. Media bodies and journalist associations across Pakistan share this sentiment. They see the directive as part of a wider trend of escalating restrictions on press freedom.
Broader Implications for Media Freedom
The controversy over PEMRA’s notification comes amid a wider context of media suppression in Pakistan. Earlier this month, media organizations expressed alarm over the state of free media in the country, particularly focusing on restrictions during election periods. The Association of Electronic Media Editors and News Directors (AEMEND) has pledged to persist in the legal battle for freedom of expression. They emphasize the severe challenges encountered by journalists and media outlets.
AEMEND’s statement outlined the various pressures exerted on journalists. These include restrictions on television programs, shutdowns of broadcasts, and demands for journalists’ termination. They pointed to character assassination campaigns against journalists, particularly women. Furthermore, they highlighted the increasing involvement of political party workers in such malicious activities.
The association also criticized illegal restrictions on social media, notices sent to journalists, and the shutdown of mobile phone and internet services during critical events. AEMEND emphasized that these tactics aim to suppress journalism and restrict freedom of expression, which are fundamental to democratic societies.
The International Federation of Journalists’ South Asia Press Freedom Report further underscores the perilous environment for journalists in Pakistan. Additionally, according to the report, unknown assailants murdered four journalists. Moreover, both online and offline, women journalists experienced significant harassment.
The legal battles against PEMRA’s notification reflect the ongoing struggle for media freedom in Pakistan. Journalists and media organizations are persistently challenging these restrictions in court. The outcome of these challenges will profoundly affect press freedom, judicial transparency, and the public’s right to information in the country.
The situation highlights the delicate balance between regulatory authority and the fundamental rights of free speech and press. This balance is crucial for the health of any democratic society.
