Legislation is no doubt an evolutionary process. As the time passes and as new technologies emerge, many laws become irrelevant. In Pakistan, most of the media laws are of pre-digital age. Right now, there are different laws and institutions to regulate print media, electronic media, film industry and some of social media.
The Pakistan Electronic Media Regulatory Authority (PEMRA) looks after affairs of electronic elections media while the Press Council is specific to the print media. Prevention of Electronic Crimes Act (PECA) and Pakistan Telecommunication Authority (PTA) is meant for matters relating to cyber stuff and Film Censor Board is to oversee the film industry.
Unifying all these relevant laws and putting all these platforms under one umbrella is not a bad idea ever but execution is always sensitive and to attain unanimity is a bigger challenge.
In recent past social media has become more influential mainly due to its accessibility. However, there are very few laws to regulate this segment of mass media and fake news as it has become challenging for countries like USA too.
A few weeks ago, when some draft points of proposed Pakistan Media Development Authority (PMDA) surfaced, a storm of criticism from the media industry ensued. Journalist unions and media owners’ organizations started screaming and protesting on TV screens and roads, while all major opposition parties stood by with them rejecting proposed media development authority.
Meanwhile, the government shared the proposed plan and the PMDA framework in a subcommittee meeting of National Assembly Standing Committee for Information and Broadcasting.
Merger if all relevant organizations
The major objective of PMDA is described as converging Pakistan electronic media regulatory authority PEMRA, Press Council of Pakistan (PCP), Central Board of Fill Censors (CBFC), Press Registrar Office, Audit Bureau of Circulation (ABC), Implementation Tribunal for Newspapers Employees (ITNE) into a single regulatory body, called Pakistan Media Development Authority (PMDA), the new body is intended to regulate electronic, print, and digital media as well as films.
Composition of the authority
As proposed, the PMDA will be composed of twelve members including six private members with expertise related to media, law, films, cyber security, engineering, and social services.
Powers of the authority
The authority will have exclusive rights to issue licenses, registration certificates and NOCs for print, electronic, and digital media and films.
Complaints commissions
Under the proposed PMDA, there will be a media complaints commission consisting of chairperson and five members being citizen of eminence from the general public, at least two of whom must be women.
The commission will also receive complaints from journalists and media workers associated with print electronic and digital media regarding nonpayment of wages and for the enforcement of contract. All complaints will be decided within 21 days.
Media tribunals
A media tribunal is to be set up to hear appeals against the decisions of the media complaints commission. The next higher forum for appeals will be the Supreme Court of Pakistan.
Media tribunal shall consist of ten members including a chairperson who has been or is, qualified to be a judge of high court. The tribunal would have to decide appeals within 30 days.
Offices of the Media Complaint Commission would be established in Islamabad, Lahore, Karachi, Multan, Quetta, Peshawar, and Sukkur.
Consultation with stakeholders
The government has assured parliamentary committee that no draft of Media Development Authority has been prepared as yet. These documents shared are just proposals and consultation has already been done with media house owners and journalist associations including Pakistan Broadcaster’s Association (PBA) Council of Pakistan Newspapers Editors (CPNE), major press clubs and Pakistan, and Federal Union of Journalists (PFUJ).
Government also assured the parliamentary committee that there is no proposal of licensing digital media but these platforms would be registered as to bring them under the tax net.
Objections and reservations
Media owners’ organisations has completely rejected this authority bill while some of journalists’ organizations have partially agreed upon this new legislation with reservation on some of points like penalties.
Previously available proposals show some huge penalties against fake news with PKR 100 million at individual level and 250 million at organizational level, which was actually a major point of concern for journalists specifically due to individually suggested huge penalty but the in draft framework shared with the parliamentary committee the maximum penalty amount mentioned is PKR 225 million.
A major reservation is about neutrality and independence of the authority. Being a body under federal government, it would be open to influence from the government, which seem quite a genuine concern.
Another objection is that the proposed law actually bypasses authority of high courts and seeks to establish tribunals parallel to them. The government’s take is that previously PEMRA remained unable to implement its decisions just because all of them were challenged in high courts and stay orders were granted immediately against those decisions.
Initially it seemed that government is in hurry and wants to implement this new legislation as early as possible, by issuance of presidential ordinance if need be. But after strong and united reaction from media houses, journalists and political parties, the government has stepped back.
After a two-day sit-in in front of parliament house during the annual presidential address to a joint sitting of Senate and National Assembly, Minister of Information Broadcasting in a meeting with PBA, CPNE and journalist representatives committed not to move on in hurry and to establish a joint committee of these stakeholders to draft proposals after consultation. Now it seems that for time being this Media Development Authority may be put on the back burner.
