LHC issues notices to govt, Pemra, Press Council

SC ruling on media code of conduct

LAHORE - An application has been filed in the Lahore High Court seeking details from the government, Pakistan Electronic Media Regulatory Authority (Pemra) and the Press Council of Pakistan of the steps they have taken so far to implement a Supreme Court verdict on the code of conduct for the media and freedom of speech.

On a civil miscellaneous application seeking high treason proceedings against former prime ministers Nawaz Sharif and Shahid Khaqan Abbasi as well as a journalist, a three-member bench of the LHC issued notices to the Pemra and others for November 19.

The bench was headed by Justice Mazahar Ali Naqvi. Justice Atir Mahmood and Justice Chaudhry Masood Jahangir are members of the bench. The Supreme Court issued these directives while hearing an important issue with reference to freedom of speech and right to information in a suo motu case involving discussion on a sub-judice matter on a TV talk show. It had laid down principles in the judgement.

The judgement directs the media licensees and Pemra to ensure compliance with the Code of Conduct. One of its clause says, “If voluntary violations of the Code of Conduct or even negligence by the licensees to ensure adherence thereto is not penalised by Pemra, the Code of Conduct will be reduced to a  mere paper tiger and be rendered absolutely redundant.”

The apex court also directed Pemra to ensure that the parameters laid down in the law and the Code of Conduct are adhered to in letter and spirit and that no violations thereof shall be tolerated by Pemra.

The SC judgement says, “The Code of Conduct ensures that the freedom of speech and the right to information are protected, and at the same time provide that the discussion on sub-judice matters must be conducted in a manner which does not affect another person’s fundamental right to be dealt with in accordance with the law and the right to fair trial and due process.” The Supreme Court directed the Pemra to ensure that any news, discussion or debate, which could jeopardise ongoing inquiries, investigations or trials, should not be telecast.

The top court ruled that a sub judice matter might be aired but only for the purpose of providing information to the public and that the information should be objective in nature.

It ruled that content based on extracts of court proceedings, police records and other sources are allowed to the extent that they are fair and correct.

The applicant prayed to the court to issue directions to the federal and provincial governments as well as Pemra and the Press Council of Pakistan to put on record the steps they have taken so far for implementation of SC judgement in letter and spirit.

The writer is member of staff and can be reached at shazadma@gmail.com

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