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‘Freedom Of Expression Also Applies To Unfavourable Ideas’: SC Tells PEMRA To Stop Declaring Arts ‘Vulgar’

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The Supreme Court has said that the right to freedom of expression and information also applies to unfavourable ideas while asking Pakistan Electronic Media Regulatory Authority (PEMRA) not to take action against media houses for “obscene” and “vulgar” content without consulting the council of complaints.

A two-judge bench consisting of Justice Syed Mansoor Ali Shah and Justice Ayesha A Malik had taken up the case filed by the media regulatory watchdog against ARY Communications Pvt Ltd, related to the broadcast of the drama serial ‘Jalan’, Dawn reported.

PEMRA had banned the broadcast of the drama serial due to complaints over its “objectionable” content in September 2020. However, the channel had approached the Sindh High Court (SHC) against the prohibition order, saying the media watchdog did not consult the council of complaints as mandated under Section 26 of the PEMRA ordinance. After the high court had allowed the appeal, PEMRA approached the apex court.

The Supreme Court declined the PEMRA’s petition, saying that PEMRA is bound to issue prohibition orders after consulting with the council of complaints.

To issue a prohibition order, the PEMRA ordinance Section 26 states that “the federal government should establish Councils of Complaints at Islamabad, the Provincial capitals and also at such other places as the Federal Government may determine. Council shall receive and review complaints made by persons or organisations from the general public against any aspects of programmes broadcast or distributed by a station
established through a licence issued by the Authority and render opinions on such complaints and each council shall consist of a Chairperson and five members being citizens of eminence from the general public at least two of whom shall be women.”

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The Supreme Court has said that the right to freedom of expression and information also applies to unfavourable ideas while asking Pakistan Electronic Media Regulatory Authority (PEMRA) not to take action against media houses for “obscene” and “vulgar” content without consulting the council of complaints.

A two-judge bench consisting of Justice Syed Mansoor Ali Shah and Justice Ayesha A Malik had taken up the case filed by the media regulatory watchdog against ARY Communications Pvt Ltd, related to the broadcast of the drama serial ‘Jalan’, Dawn reported.

PEMRA had banned the broadcast of the drama serial due to complaints over its “objectionable” content in September 2020. However, the channel had approached the Sindh High Court (SHC) against the prohibition order, saying the media watchdog did not consult the council of complaints as mandated under Section 26 of the PEMRA ordinance. After the high court had allowed the appeal, PEMRA approached the apex court.

The Supreme Court declined the PEMRA’s petition, saying that PEMRA is bound to issue prohibition orders after consulting with the council of complaints.

To issue a prohibition order, the PEMRA ordinance Section 26 states that “the federal government should establish Councils of Complaints at Islamabad, the Provincial capitals and also at such other places as the Federal Government may determine. Council shall receive and review complaints made by persons or organisations from the general public against any aspects of programmes broadcast or distributed by a station
established through a licence issued by the Authority and render opinions on such complaints and each council shall consist of a Chairperson and five members being citizens of eminence from the general public at least two of whom shall be women.”

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