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PEMRA
By
Abid Zafar
MS-3rd - Fall 2015
International Islamic University Islamabad (IIUI), Pakistan
SLOs
• Introduction
• The Need of PEMRA
• Code of Ethics given by PEMRA
• Constitution of PEMRA
• Provisions on Ethics
• List of Contents of Ethics which’s devised by PEMRA
Introduction
• Until a decade ago, radio and television broadcasting had been a state
monopoly which provided the successive governments an opportunity to
tightly control it
• Involvement of private sector media was minimum at that time
Introduction
• By late 1990’s, Pakistan establishment had come to realize that to counter the
cultural threat imposed by the Hindi channels available through satellite
receivers
• It needed to encourage private TV networks to Attract audiences who
wanted entertainment and current affairs in extensive contents
Two Main Reasons For Introducing Private
Electronic Media in Pakistan
1. Relative to print media the broadcast media are perceived to have greater
potential to develop in to a forceful institution of social and political
accountability
2. The involvement of private sector partners might have greatly undermined
the governments’ authority and its ability to wield control over the
broadcast industry
Introduction
• The dawn of the era of information society due to advancement in satellite
communication, digitalization and telecommunication technologies and with
the dawn of the era of globalization, the governments’ ability to control the
broadcast industry seem to have been greatly eroded the world over
Introduction
• For Example:
• In Europe, under the pressure of new technologies and the resultant
decentralization, privatization and communication overspill some are
projecting an end to the idea of a coherent national media policy (Siune &
McQuail, 1992).
Emergence of Private Media Industry in
Pakistan
• In Pakistan, the government of Gen. Pervez Musharraf initiated a major
policy shift by deciding to co-opt the private sector in broadcast media
operations
• PEMRA ordinance of March 1, 2002 was promulgated to regulate and
develop the broadcast media industry in the country
Ordinance Aims
• The ordinance aims at improving the standards of information, education
and entertainment as well as enlarging the choices of programs available to
the people
• This ordinance has established an authority known as PEMRA which is a
corporate body
Ordinance Aims
• Its primary responsibility is to govern the broadcast media affairs at all levels
in the country and accountability, transparency and good governance by
optimizing the flow of information
Restrictions of PEMRA Apply Only on the
Private Sector
• The PEMRA charter doesn’t over rule the laws governing the operations and
structure of PBC and PTV
Composition of PEMRA
• The authority has 13 members, a chairman and includes high ranking
government officials as its members like secretaries of departments of the
Interior, the information and the Chairman PTA
• The chairman PEMRA is appointed by the President of Pakistan
Composition of PEMRA
• Majority of the people who are constituting the PEMRA are come from the
governments
Issuance of License
• The authority has been empowered to issue licenses for broadcast and CTV
stations in the following categories:
1. International Scale Stations
2. National Scale Stations
3. Provincial Scale Stations
4. Local Area or Community Based Stations
5. Specific and Specialized Subject Stations
6. Cable Television Network Stations
Cont…
• It mandates the private TV stations to broadcast at least 10% of the
programs in the public interest to be specified by the government and the
authority
PEMRA
[A CRITIQUE]
• If PEMRA is an authority then it must be independent from every kind of
influence of the government
• Chairman is appointed by the President of Pakistan
• Federal Secretary for interior and Federal Secretary for Information are the
part of PEMRA
• PTV and PBC are not the subject to PEMRA ordinance
Cont.
• Only censorship over private channels
• The qualification of chairman is not very clear
• Chairman is to be eminent professional from any walk of life
• According to the latest 2007 amendment, out of 13 members 8 would be
government representatives
• In 2007, due to promulgations of emergency and terrorism, the electronic media
was criticizing the government
• Now police have been authorized to take actions against the broadcasters and their
staff
PEMRA Codes for Broadcasters and Cable
Operators
• The category of PEMRA codes is divided in two categories
1. Programs ( News, Current Affairs, Entertainment)
2. Advertisements
Code of Ethics Given by PEMRA For
Programs
1. No program shall be aired which
a) Passes derogatory remarks about any religion or sect or community or
words contemptuous of religious sects and ethnic groups or which
promoted sectarian attitudes or disharmony
b) Contains anything pornographic, obscene or indecent or is likely to
deprave, corrupt or injure the public morality
Code of Ethics Given by PEMRA For
Programs
1. No program shall be aired which
c) Contains an abusive comment that when taken in content, tends to or is
likely to expose an individual or a group or a class of individuals to hatred or
contempt on the basis of race or caste, national, ethnic or linguistic origin,
color or religion or sect, sex or sexual orientation, age or mental or physical
disability
d) Contains anything defamatory or knowing false
Code of Ethics Given by PEMRA For
Programs
• 1. No program shall be aired which
e) Is likely to engage and incite violence or contain anything against
maintenance of law and order or which promotes anti-state attitudes
f) Contains anything amounting to contempt of court
g) Contains aspirations against the judiciary and integrity of thhe armed forces
of Pakistan
Code of Ethics Given by PEMRA For
Programs
• 1. No program shall be aired which
h) Slanders any individual in person or certain groups, segments of social,
public and moral life of the country
i) Is against basic cultural values, morality and good manners
j)Brings in to contempt Pakistan or its people or tends to undermine its
integrity or solidarity as an independent and sovereign country
Code of Ethics Given by PEMRA For
Programs
• 1. No program shall be aired which
k) Promotes, aids or abets any offence which is cognizable under the applicable
laws
l) Denigrates the men and women through the depiction in any manner of the
figure in such a way as to have the effect of being indecent or derogatory
m) Denigrates children
Code of Ethics Given by PEMRA For
Programs
• 1. No program shall be aired which
n) Anything which tends to glorify crime or criminals
o) Contains material which may be detrimental to the relations of Pakistan with
other countries
p) Contains material which is against the ideology of Pakistan or Islamic values
Code of Ethics Given by PEMRA For
Programs
2. Particular care should be taken to ensure that programs meant for children
do not contain objectionable language or are disrespectful to their parents or
elders
3. Programs must not be directed against the sanctity of home, family and
marital harmony
Code of Ethics Given by PEMRA For
Programs
• 4. While reporting the proceedings of the parliament or the provincial
assemblies, such portions of the proceedings as the chairman or the speaker
may have ordered to be expunged, shall not be broadcasted or distributed
and every effort shall be made to release a fair account of the proceedings of
the parliament or provincial assemblies
Code of Ethics Given by PEMRA For
Advertisings
1. Advertisings aired or distributed by a broadcast or cable TV station shall be
designed in such a manner that if it confirms to the laws of the country and is
not offensive to morality decency and religious sects of the people of Pakistan
2. No advertising shall be permitted which
a) Promotes or support sedition, anarchy or violence in country
b) Is against any provisions of the constitution of Pakistan or any other law
for the time being inforce
Code of Ethics Given by PEMRA For
Advertisings
• No advertising shall be permitted which
c) Tends to incite people to crime, cause disorder or violence or breach of law
or glorifies violence in anyway
d) Glorifies adultery, lustful passions or alcoholic drinks or non-Islamic values
e) Distorts historical facts, traditions of Pakistan or the person or personality
of a national leader or state dignity
f) Fans racial, sectarian, regional or class hatred
Code of Ethics Given by PEMRA For
Advertisings
• No advertising shall be permitted which
g) Promotes social inequality, militates against the concepts of human dignity
and dignity of labor
h) Is directed against sanctity or home family or marriage
i) Is wholly or mainly of a political nature
j) Contains indecent, vulgar or offensive themes or treatment
Code of Ethics Given by PEMRA For
Advertisings
3. The goods or services advertised shall not suffer from any defects which are
harmful to human health, misleading claims about the goods shall not be made
4. No advertising which is likely to be seen by children in large numbers should
urge children directly to purchase goods of a particular brand or ask their
parents to do so
5. All advertisings must be clearly distinguishable as such and be separate from
the programs and shall not in any manner take the form of news or
documentary
Provisions of Ethics
Which ethics PEMRA has devised regarding Contents that Media have to follow?
1. Local Media Industry Protection
2. Religious Contents
3. Ethical & Social Values
4. Coverage of Incidents of Accidents,
Violence and Crimes
5. Privacy and Personal Data Protection
6. Programming and Children
7. Languages
8. News & Current Affairs Programs
9. Re-Enactment
10. Programming: Mix and Live Coverage
11. Advertising
12. Errors & Corrigendum
1. Local Media Industry Protection
• Licensee shall ensure that the foreign content aired in a calendar day does
not exceed a maximum of 10% of the whole content
• Licensee shall ensure that no program is aired in violation of the intellectual
copy rights
2. Religious Content
• No content shall be aired contains derogatory remarks about any religious or
sect or community or uses visual or words contemptuous of religious sects
and ethnic groups or which promotes sectarianism, hatred or disharmony
3. Ethical & Social Values
• Licensee shall show deference to the ethical and social values of the country
and ensure that
a) Any content that slanders any individual or group, segments of social, public
and moral life of the country is not broadcast or distributed
b) Content does not make careless references to any class or group of persons
as being inherently inferior or in any way discriminate against any section of the
community or account of religion, gender, age, disability or occupational status
Con.
c) Behavior such as smoking and drug abuse is not presented as glamorous
d) Alcoholic, beverages, tobacco products or any other narcotics shall not be
shown
e) Content does not contain anything that, when taken in context, ends to or is
likely to expose an individual or a group or class of individuals to hatred or
contempt on the basis of race or caste, national, ethnic or linguistic origin color
or religion or sect, sex or sexual orientation, age or mental or physical disability
4. Coverage of Incidents of Accidents,
Violence and Crimes
• The coverage of incidents of violence, accidents and crimes shall not incite,
glamorize or in anyway promote violence or anti-social behaviors
• Appropriate warning during broadcasting of these incidents
• Close-p shots of killing or violence shall not be shown
• Identity of any victim of rape, sexual abuse, terrorism or kidnapping or such
victims, families of these victims' shall not be revealed without prior written
permission
5. Privacy & Personal Data Protection
• Licensee shall not obtain or seek information, audio, pictures or any
agreement through misrepresentation or deception
• Personal information shall be published after written permission from such
persons
6. Programming and Children
• Horror and supernatural contents shall not be published
• Portraying children as financial burden on parents shall not be published
• Physical and emotional welfare and the dignity of people
• Prizes aimed at children must be appropriate to the age range of both the
target audience and parents
7. Languages
• Abusive language shall be strictly avoided in dramas and talk shows
• Superiority of languages
• Character association with different languages
8. News & Current Affairs Programs
• Objective, accurate and in balanced manner
• All news bulletins shall be prepared and edited by the licensee through its
own editorial board
• Glorifying the news which effects are negative shall not be published
• Court proceeding
• Assemblies proceedings
• Entertainment News
9. Re-Enactment
• Dramatizing the real story
• Must be entitled from the start to the end
• Footages or re-enactment of following shall not be aired
i. Executions or other scenes in which people are clearly seen being killed or about to die
ii. Rape, sexual abuse scenes
iii. Cases which are under trial in courts
10. Programming: Mix & Live Coverage
• A licensee shows content as per its license category and percentage wise
content set out in the terms and conditions of the license
• Licensee may broadcast live programs if it is permitted under the terms and
conditions of the license provided
• An effective delaying mechanism has been put in place in order to ensure
effective monitoring and editorial control
11. Advertising
• Advertising shall not promote obscenity, violence or other activities which
are harmful to human health
• Alcoholic, tobacco products, drugs or narcotics are not presented or
glamorized
• Fake advertisings
• Foreign advertisings
Errors and Corrigendum
• In the event where any false news or information aired, licensee shall
acknowledged and correct the same on the same medium without any delay
in the same manner and magnitude as that of the false news or information
was aired
Pemra Laws by Abid Zafar

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Pemra Laws by Abid Zafar

  • 1.
  • 2. PEMRA By Abid Zafar MS-3rd - Fall 2015 International Islamic University Islamabad (IIUI), Pakistan
  • 3. SLOs • Introduction • The Need of PEMRA • Code of Ethics given by PEMRA • Constitution of PEMRA • Provisions on Ethics • List of Contents of Ethics which’s devised by PEMRA
  • 4. Introduction • Until a decade ago, radio and television broadcasting had been a state monopoly which provided the successive governments an opportunity to tightly control it • Involvement of private sector media was minimum at that time
  • 5. Introduction • By late 1990’s, Pakistan establishment had come to realize that to counter the cultural threat imposed by the Hindi channels available through satellite receivers • It needed to encourage private TV networks to Attract audiences who wanted entertainment and current affairs in extensive contents
  • 6. Two Main Reasons For Introducing Private Electronic Media in Pakistan 1. Relative to print media the broadcast media are perceived to have greater potential to develop in to a forceful institution of social and political accountability 2. The involvement of private sector partners might have greatly undermined the governments’ authority and its ability to wield control over the broadcast industry
  • 7. Introduction • The dawn of the era of information society due to advancement in satellite communication, digitalization and telecommunication technologies and with the dawn of the era of globalization, the governments’ ability to control the broadcast industry seem to have been greatly eroded the world over
  • 8. Introduction • For Example: • In Europe, under the pressure of new technologies and the resultant decentralization, privatization and communication overspill some are projecting an end to the idea of a coherent national media policy (Siune & McQuail, 1992).
  • 9. Emergence of Private Media Industry in Pakistan • In Pakistan, the government of Gen. Pervez Musharraf initiated a major policy shift by deciding to co-opt the private sector in broadcast media operations • PEMRA ordinance of March 1, 2002 was promulgated to regulate and develop the broadcast media industry in the country
  • 10. Ordinance Aims • The ordinance aims at improving the standards of information, education and entertainment as well as enlarging the choices of programs available to the people • This ordinance has established an authority known as PEMRA which is a corporate body
  • 11. Ordinance Aims • Its primary responsibility is to govern the broadcast media affairs at all levels in the country and accountability, transparency and good governance by optimizing the flow of information
  • 12. Restrictions of PEMRA Apply Only on the Private Sector • The PEMRA charter doesn’t over rule the laws governing the operations and structure of PBC and PTV
  • 13. Composition of PEMRA • The authority has 13 members, a chairman and includes high ranking government officials as its members like secretaries of departments of the Interior, the information and the Chairman PTA • The chairman PEMRA is appointed by the President of Pakistan
  • 14.
  • 15. Composition of PEMRA • Majority of the people who are constituting the PEMRA are come from the governments
  • 16. Issuance of License • The authority has been empowered to issue licenses for broadcast and CTV stations in the following categories: 1. International Scale Stations 2. National Scale Stations 3. Provincial Scale Stations 4. Local Area or Community Based Stations 5. Specific and Specialized Subject Stations 6. Cable Television Network Stations
  • 17. Cont… • It mandates the private TV stations to broadcast at least 10% of the programs in the public interest to be specified by the government and the authority
  • 18. PEMRA [A CRITIQUE] • If PEMRA is an authority then it must be independent from every kind of influence of the government • Chairman is appointed by the President of Pakistan • Federal Secretary for interior and Federal Secretary for Information are the part of PEMRA • PTV and PBC are not the subject to PEMRA ordinance
  • 19. Cont. • Only censorship over private channels • The qualification of chairman is not very clear • Chairman is to be eminent professional from any walk of life • According to the latest 2007 amendment, out of 13 members 8 would be government representatives • In 2007, due to promulgations of emergency and terrorism, the electronic media was criticizing the government • Now police have been authorized to take actions against the broadcasters and their staff
  • 20. PEMRA Codes for Broadcasters and Cable Operators • The category of PEMRA codes is divided in two categories 1. Programs ( News, Current Affairs, Entertainment) 2. Advertisements
  • 21. Code of Ethics Given by PEMRA For Programs 1. No program shall be aired which a) Passes derogatory remarks about any religion or sect or community or words contemptuous of religious sects and ethnic groups or which promoted sectarian attitudes or disharmony b) Contains anything pornographic, obscene or indecent or is likely to deprave, corrupt or injure the public morality
  • 22. Code of Ethics Given by PEMRA For Programs 1. No program shall be aired which c) Contains an abusive comment that when taken in content, tends to or is likely to expose an individual or a group or a class of individuals to hatred or contempt on the basis of race or caste, national, ethnic or linguistic origin, color or religion or sect, sex or sexual orientation, age or mental or physical disability d) Contains anything defamatory or knowing false
  • 23. Code of Ethics Given by PEMRA For Programs • 1. No program shall be aired which e) Is likely to engage and incite violence or contain anything against maintenance of law and order or which promotes anti-state attitudes f) Contains anything amounting to contempt of court g) Contains aspirations against the judiciary and integrity of thhe armed forces of Pakistan
  • 24. Code of Ethics Given by PEMRA For Programs • 1. No program shall be aired which h) Slanders any individual in person or certain groups, segments of social, public and moral life of the country i) Is against basic cultural values, morality and good manners j)Brings in to contempt Pakistan or its people or tends to undermine its integrity or solidarity as an independent and sovereign country
  • 25. Code of Ethics Given by PEMRA For Programs • 1. No program shall be aired which k) Promotes, aids or abets any offence which is cognizable under the applicable laws l) Denigrates the men and women through the depiction in any manner of the figure in such a way as to have the effect of being indecent or derogatory m) Denigrates children
  • 26. Code of Ethics Given by PEMRA For Programs • 1. No program shall be aired which n) Anything which tends to glorify crime or criminals o) Contains material which may be detrimental to the relations of Pakistan with other countries p) Contains material which is against the ideology of Pakistan or Islamic values
  • 27. Code of Ethics Given by PEMRA For Programs 2. Particular care should be taken to ensure that programs meant for children do not contain objectionable language or are disrespectful to their parents or elders 3. Programs must not be directed against the sanctity of home, family and marital harmony
  • 28. Code of Ethics Given by PEMRA For Programs • 4. While reporting the proceedings of the parliament or the provincial assemblies, such portions of the proceedings as the chairman or the speaker may have ordered to be expunged, shall not be broadcasted or distributed and every effort shall be made to release a fair account of the proceedings of the parliament or provincial assemblies
  • 29. Code of Ethics Given by PEMRA For Advertisings 1. Advertisings aired or distributed by a broadcast or cable TV station shall be designed in such a manner that if it confirms to the laws of the country and is not offensive to morality decency and religious sects of the people of Pakistan 2. No advertising shall be permitted which a) Promotes or support sedition, anarchy or violence in country b) Is against any provisions of the constitution of Pakistan or any other law for the time being inforce
  • 30. Code of Ethics Given by PEMRA For Advertisings • No advertising shall be permitted which c) Tends to incite people to crime, cause disorder or violence or breach of law or glorifies violence in anyway d) Glorifies adultery, lustful passions or alcoholic drinks or non-Islamic values e) Distorts historical facts, traditions of Pakistan or the person or personality of a national leader or state dignity f) Fans racial, sectarian, regional or class hatred
  • 31. Code of Ethics Given by PEMRA For Advertisings • No advertising shall be permitted which g) Promotes social inequality, militates against the concepts of human dignity and dignity of labor h) Is directed against sanctity or home family or marriage i) Is wholly or mainly of a political nature j) Contains indecent, vulgar or offensive themes or treatment
  • 32. Code of Ethics Given by PEMRA For Advertisings 3. The goods or services advertised shall not suffer from any defects which are harmful to human health, misleading claims about the goods shall not be made 4. No advertising which is likely to be seen by children in large numbers should urge children directly to purchase goods of a particular brand or ask their parents to do so 5. All advertisings must be clearly distinguishable as such and be separate from the programs and shall not in any manner take the form of news or documentary
  • 33. Provisions of Ethics Which ethics PEMRA has devised regarding Contents that Media have to follow? 1. Local Media Industry Protection 2. Religious Contents 3. Ethical & Social Values 4. Coverage of Incidents of Accidents, Violence and Crimes 5. Privacy and Personal Data Protection 6. Programming and Children 7. Languages 8. News & Current Affairs Programs 9. Re-Enactment 10. Programming: Mix and Live Coverage 11. Advertising 12. Errors & Corrigendum
  • 34. 1. Local Media Industry Protection • Licensee shall ensure that the foreign content aired in a calendar day does not exceed a maximum of 10% of the whole content • Licensee shall ensure that no program is aired in violation of the intellectual copy rights
  • 35. 2. Religious Content • No content shall be aired contains derogatory remarks about any religious or sect or community or uses visual or words contemptuous of religious sects and ethnic groups or which promotes sectarianism, hatred or disharmony
  • 36. 3. Ethical & Social Values • Licensee shall show deference to the ethical and social values of the country and ensure that a) Any content that slanders any individual or group, segments of social, public and moral life of the country is not broadcast or distributed b) Content does not make careless references to any class or group of persons as being inherently inferior or in any way discriminate against any section of the community or account of religion, gender, age, disability or occupational status
  • 37. Con. c) Behavior such as smoking and drug abuse is not presented as glamorous d) Alcoholic, beverages, tobacco products or any other narcotics shall not be shown e) Content does not contain anything that, when taken in context, ends to or is likely to expose an individual or a group or class of individuals to hatred or contempt on the basis of race or caste, national, ethnic or linguistic origin color or religion or sect, sex or sexual orientation, age or mental or physical disability
  • 38. 4. Coverage of Incidents of Accidents, Violence and Crimes • The coverage of incidents of violence, accidents and crimes shall not incite, glamorize or in anyway promote violence or anti-social behaviors • Appropriate warning during broadcasting of these incidents • Close-p shots of killing or violence shall not be shown • Identity of any victim of rape, sexual abuse, terrorism or kidnapping or such victims, families of these victims' shall not be revealed without prior written permission
  • 39. 5. Privacy & Personal Data Protection • Licensee shall not obtain or seek information, audio, pictures or any agreement through misrepresentation or deception • Personal information shall be published after written permission from such persons
  • 40. 6. Programming and Children • Horror and supernatural contents shall not be published • Portraying children as financial burden on parents shall not be published • Physical and emotional welfare and the dignity of people • Prizes aimed at children must be appropriate to the age range of both the target audience and parents
  • 41. 7. Languages • Abusive language shall be strictly avoided in dramas and talk shows • Superiority of languages • Character association with different languages
  • 42. 8. News & Current Affairs Programs • Objective, accurate and in balanced manner • All news bulletins shall be prepared and edited by the licensee through its own editorial board • Glorifying the news which effects are negative shall not be published • Court proceeding • Assemblies proceedings • Entertainment News
  • 43. 9. Re-Enactment • Dramatizing the real story • Must be entitled from the start to the end • Footages or re-enactment of following shall not be aired i. Executions or other scenes in which people are clearly seen being killed or about to die ii. Rape, sexual abuse scenes iii. Cases which are under trial in courts
  • 44. 10. Programming: Mix & Live Coverage • A licensee shows content as per its license category and percentage wise content set out in the terms and conditions of the license • Licensee may broadcast live programs if it is permitted under the terms and conditions of the license provided • An effective delaying mechanism has been put in place in order to ensure effective monitoring and editorial control
  • 45. 11. Advertising • Advertising shall not promote obscenity, violence or other activities which are harmful to human health • Alcoholic, tobacco products, drugs or narcotics are not presented or glamorized • Fake advertisings • Foreign advertisings
  • 46. Errors and Corrigendum • In the event where any false news or information aired, licensee shall acknowledged and correct the same on the same medium without any delay in the same manner and magnitude as that of the false news or information was aired