KARACHI: The Sindh High Court (SHC) extended its interim order till June 27, restraining the Pakistan Electronic Media Regulatory Authority (Pemra) from taking any adverse action against private television channels on broadcasting news tickers about court proceedings.

A division bench, headed by SHC Chief Justice Aqeel Ahmed Abbasi, also gave observation that the petitioners — journalists of various TV channels — ensure compliance with the code of conduct of Pemra while covering court proceedings.

The court also noted that in case of any violation, Pemra would be authorised to take appropriate action in accordance with the law.

“Interim order passed earlier to continue till next date of hearing, however, the petitioners, shall ensure compliance of the aforesaid provisions of law and the rules and in case of any violation, the respondents shall be at liberty to take appropriate action in accordance with and the rules as the case may be,” the written order issued on Friday said.

Meanwhile, rejecting Pemra’s plea to modify its earlier interim order, the SHC noted: “It is clear that the impugned directives have not been suspended nor any restraining order, except to the extent mentioned therein, has been passed. Therefore, it does not require any modification at this stage.”

During the hearing, respondents Pemra and director general Operation Broad Cast Media had submitted that the petitioners were misinterpreting the order passed on May 27 by the SHC and alleged that misquoting the court proceedings through tickers and headlines on TV channels violates the order of the SHC. They argued that the petitioners perceived the impugned directives as suspended.

The respondents’ counsel also informed the court that the petitioners were violating Rules 3 and 4 of the Electronic Media (Programmes and Advertisements) Code of Conduct, 2015.

On the other hand, the counsel for the petitioners submitted that they had neither misquoted the court proceedings nor violated the rules and regulations of the aforementioned law. The counsel contended that Sections 4, 5, 6, and 10 of the Pakistan Electronic Media Regulatory Authority (Content) Regulations, 2012, allow journalists to cover court proceedings, and that the petitioners neither violated nor intended to violate any such provisions.

Earlier, petitioner Shahid Hussain and some other journalists, including court reporters, had moved the SHC, citing the Ministry of Information and Broadcasting, Pemra, Pakistan Broadcasters Association and others as respondents, and challenged the May 21 notification of Pemra.

According to a notification issued by the electronic media regulator, television channels were directed to “refrain from airing tickers/headlines with regard to court proceedings and shall only report the written orders of court”.

However, where court proceedings were broadcast live, the proceedings may be reported, the notification had said.

It had also said that all satellite TV channel licences were directed to not air content, including commentary, opinions or suggestions, about the potential fate of sub-judice matters which could prejudice their determination by a court or tribunal could be aired.

Published in Dawn, June 8th, 2024

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