August 29, 2022 – The Islamabad High Court (IHC) has suspended the ban on live telecast of the Pakistan Tehreek-e-Insaf (PTI) Chief Imran Khan’s speech imposed by the Pakistan Electronic Media Regulatory Authority (PEMRA) on August 20.
IHC Chief Justice Athar Minallah heard the ousted prime minister’s application against the ban on Monday. He suspended PEMRA’s order, calling it a violation of Article 19 of the Constitution and directed the media regulator to nominate an officer who would justify the ban on Khan’s live speech in court.
PEMRA, on August 20, issued a notification prohibiting TV channels from airing live speeches of the former premier, citing “hate speech against state institutions”. Khan, at a rally in Islamabad held on the same day, had warned of legal action against the inspector general (IG), deputy inspector general (DIG) of Islamabad police and the judiciary, bringing up the alleged torture of Gill.
Justice Minallah, however, expressed resentment at Khan’s words targeting the judiciary, including the woman judge who sent PTI leader Shahbaz Gill on physical remand following his arrest in the “anti-state” remarks controversy. Threatening a judge was unacceptable, remarked Justice Minallah.
The ban was imposed under Section 27 (prohibition of broadcast media or distribution service operation) of the PEMRA (Amendment) Act, 2007.
The authority, after analysing the content of Khan’s speech, observed that it was telecast by licensees without the effective time delay mechanism and constitutes violation of PEMRA laws. The regulator, however, added that Khan’s recorded speech would only be permitted if channels installed the delay mechanism to ensure effective monitoring and editorial control in conformity with PEMRA laws.
PEMRA also directed channels to constitute an “impartial and independent” editorial board under Clause 17 of the Electronic Media (Programmes and Advertisement) Code of Conduct, 2015 to ensure that their “platform is is not used by anyone for uttering remarks in any manner which are contemptuous and against any state institution and hateful, prejudicial to law and order situation in the country”.
The next hearing will be held on September 5.
