THE PAKISTAN ELECTRONIC MEDIA REGULATORY
AUTHORITY ORDINANCE, 2002
CONTENTS
_____________
SECTIONS:
1. Short title, extent and commencement.
2. Definitions.
3. Establishment of the Authority.
4. Functions of the Authority.
5. Power of the Federal Government to issue directives.
6. Members of Authority.
7. Tenure of members.
8. Meetings of the Authority etc.
9. Remuneration, of Chairman and members.
10. Chairman and members not to engage themselves in certain business, etc.
11. Officers, employees, etc.
12. Officers, etc., deemed to be public servants.
13. Delegation.
14. Fund.
15. Budget.
16. Accounts and Audit.
17. Annual report.
18. Categories of licences.
19. Licence to broadcast or operate.
20. Terms and conditions of licence.
21. Consultation with the Provinces.
22. Duration for consideration of the application for a licence.
23. Exclusion of monopolies.
24. Licence, application, issuance, refusal and validity.
25. Certain persons not be granted licence.
26. Council of Complaints.
27. Prohibition of broadcast media or distribution service operation.
28. Suspension of broadcast media or distribution service operation.
29. Power to authorize inspection.
29A. Dues to be recovered as arrears of land revenue.
30. Power to vary conditions suspend or revoke the licence.
30A. Appeals.
31. Uplinking Facilities.
32. Power to grant exemptions.
33. Offences and penalties.
33A. Officers of Federal, Provincial and Local Governments to assist Authority.
33B. Warrants for search.
34. Cases to be initiated on complaint.
34A. Offences to be compoundable and cognizable.
35. Cognizance of offences etc.
36. Offences by companies.
37. Ordinance overrides other laws.
38. Indemnity.
39. Power to make rules.
40. Removal of difficulties.
__________________
THE PAKISTAN ELECTRONIC MEDIA REGULATORY AUTHORITY
ORDINANCE, 2002.
ORDINANCE NO. XIII OF 2002
[1st March, 2002]
An Ordinance to regulate [electronic] media in Pakistan
WHEREAS it is expedient to provide for the development of [electronic] media in order to⸺
(i) improve the standards of information, education and entertainment;
(ii) enlarge the choice available to the people of Pakistan in the media for news,
current affairs, religious knowledge, art, culture, science, technology, economic
development, social sector concerns, music, sports, drama and other subjects of public
and national interest;
(iii) facilitate the devolution of responsibility and power to the grass-roots by improving
the access of the people to mass media at the local and community level; and
(iv) ensure accountability, transparency and good governance by optimizing the free flow
of information;
AND WHEREAS the President is satisfied that circumstances exist which render it
necessary to take immediate action;
NOW, THEREFORE, in pursuance of Proclamation of Emergency of the fourteenth day of
October, 1999 and the Provisional Constitution Order No.1 of 1999 read with the Provisional
Constitution (Amendment) Order No. 9 of 1999, and in exercise of all powers enabling him in
that behalf, the President of the Islamic Republic of Pakistan is pleased to make and promulgate
the following Ordinance:⸺
PRELIMINARY
1. Short title, extent and commencement.— (1) This Ordinance shall be called the
Pakistan Electronic Media Regulatory Authority Ordinance, 2002.
(2) It extends to the whole of [Islamic Republic of] Pakistan.
(3) It shall come into force at once.
2. Definitions.⸺ In this Ordinance, unless there is anything repugnant in the subject or
context,⸺
(a) “advertisement” means a set of visual and audio messages for the projection of a
product, service, or idea with the object of propagating sale, purchase or hire
of the product, service or idea for creating other related effects;
(b) “Authority” means the Pakistan Electronic Media Regulatory Authority
(PEMRA) established under section 3;
(c) “broadcast media” means such media which originate and propagate broadcast
and pre- recorded signals by terrestrial means or through satellite for radio
or television and includes teleporting, provision of access to broadcast
signals by channel providers and such other forms of broadcast media as
the Authority may, with the approval of the Federal Government, by
notification in the official Gazette, specify;]
(ca) “broadcast station” means physical, technical and software infrastructure for
the operation of radio or television and also includes satellite uplinking from
ground, repeaters and all such other accessories;]
(d) “broadcaster” means a person engaged in broadcast media 2[except broadcast journalists not actively involved in the operation, ownership, management or control of the broadcast media;]
(da) “Cable TV” means reception of broadcast and prerecorded signals from
different channels and their distribution to subscribers through a set of closed
transmission paths;]
(e) “Chairman” means the Chairman of the Authority;
(ea) “Chairperson” means the head of a Council of Complaint;]
(f) “channel” means the set of frequencies that a broadcast station occupies for
broadcasting;
(fa) “channel provider” means a vendor who represents local or foreign
channels and provides access of their signal to a distribution service;]
(g) “company” a company as defined in the Companies Ordinance 1984 (XLVII
of 1984);
(h) “copyright” means copyright as defined in the Copyright Ordinance 1962
(XXXIV of 1962);
(ha) “distribution service” means a service which receives broadcast and
pre-recorded signalsfrom different channels and distributesthem to subscribers
through cable, wireless or satellite options and includes Cable TV, LMDS,
MMDS, DTH and such other similar technologies;
(hb) “DTH” means Direct to Home distribution of audiovisualsignalsreceived via
satellite to small dish antennas across the foot-print of the satellite to
subscribers;
(hc) “electronic media” includes the broadcast media and distribution services;]
(i) “foreign company” means a company or body corporate organized, and
registered under the laws of a foreign government;
(j) “frequency” means the frequency of the electromagnetic wave number
measured in Hertz per second and used for transmission;
(k) “FAB” means the Frequency Allocation Board established under section 42 of
the Pakistan Telecommunication (Reorganization) Act, 1996 (XVII of 1996);
(ka) “illegal operation” means the broadcast or transmission or distribution of, or
provision of access to, programmes or advertisements in the form of
channels without having a valid licence from the Authority;
(kb) “LMDS” means Local Multipoint Distribution Service to transmit
audio-visual signals through wireless devices, on a higher frequency range for
the provision of cable television service;]
(l) “media enterprise” means an enterprise concerned with the publication of
a printed newspaper or 2
[a broadcast media or distribution service];
(la) “MMDS” means Multi-channel Multi-point Distribution service to transmit
audio- visual signals through wireless devices, to multiple subscribers, after
receiving such signals from other channels of communication;]
(m) “licence” means a licence issued by the Authority to establish and operate a
broadcast media or distribution service;]
(n) “licensee” means a person to whom the Authority has issued a licence;
(na) “newspaper” means a newspaper as defined by the Press, Newspapers,
News Agencies and Books Registration Ordinance, 2002(XCVIII of 2002);]
(o) “member” means a member of the Authority;
(p) “national broadcaster” means the Pakistan Broadcasting Corporation, the
Pakistan Television Corporation and the Shalimar Recording and Broadcasting
Company;
(q) “PTA” means the Pakistan Telecommunication Authority established under
the Pakistan Telecommunication (Reorganisation) Act, 1996 (XVII of 1996);
(r) “person” includes an individual, partnership, association, company, trust or
corporation;
(s) “prescribed” means prescribed by the rules 1
[or regulations] made by the
Authority;
(t) “programme” means the systematic broadcasting of visual or sound images
by a broadcast station but does not include an advertisement; 1
(ta) “regulations” means the regulations made under this Ordinance;]
(u) “rules” means the rules made under this Ordinance 3
(v) “teleport” means a facility with installed equipment used or required in the
process of uplinking or downlinking of audio-visual programmes and signals
between an earth station and a satellite; and
(w) “uplinking” means transmission of audio-video signalfrom ground transmission
facility to a satellite in order to transmit any programme within or outside
Pakistan.]
3. Establishment of the Authority.⸺ (1) As soon as may be, after the commencement of
this Ordinance, the Federal Government shall, by notification in the official Gazette, establish an
authority to be known as the Pakistan Electronic Media Regulatory Authority (PEMRA) for
carrying out the purposes of this Ordinance.
(2) The Authority shall be a body corporate having perpetual succession and a common
seal with powers subject to the provision of this Ordinance to hold and dispose of property by
the said name, sue and be sued.
(3) The principal office of the Authority shall be at Islamabad and it may set up offices
at such place or places in the country as it may deem appropriate.
(4) No act or proceeding of the Authority shall be invalid by reason only of the existence of
a vacancy in, or defect in the constitution of, the Authority.
4. Functions of the Authority.⸺ (1) The Authority shall be responsible for regulating
the establishment and operation of all broadcast media and distribution services in Pakistan
established for the purpose of international, national, provincial, district, local or special
target audiences.
(2) The Authority shall regulate the distribution of foreign and local TV and radio channels
in Pakistan;
(3) The Authority may, by notification in the official Gazette, make regulations and
also issue determinations for carrying out the purposes of this Ordinance.]
5. Power of the Federal Government to issue directives. The Federal Government may,
as and when it considers necessary, issue directives to the Authority on matters of policy, and
such directives shall be binding on the Authority, and if a question arises whether any matter is
a matter of policy or not, the decision of the Federal Government shall be final.
6. Members of Authority.⸺ (1) The Authority shall consist of a Chairman and [twelve] members to be appointed by the President of Pakistan.
(2) The Chairman of the Authority shall be an eminent professional of known integrity and
competence having substantial experience in media, business, management, finance, economics
or law.
(3) Out of[twelve] members one shall be appointed by the Federal Government on full time
basis and five shall be eminent citizens chosen to ensure representation of all provinces with
expertise in one or more of the following fields: media, law, human rights, and social service. Of
the five members from the general public, two members shall be women.
(4) Secretary, Ministry of Information and [Broadcasting, Secretary, Interior Division,
Chairman, Pakistan Telecommunication Authority and Chairman, Central Board of Revenue] shall
be the ex-officio members.
(4A) The remaining two members shall be appointed by the Federal Government on
need basis on the recommendation of the Chairman.]
(5) The members,
[* * *] shall receive such fee and expenses for each meeting as may be
prescribed.
(6) A member, other than an ex-officio member, shall be deemed to have vacated his
office if he absents himself for three consecutive meetings of the Authority without the leave of the
Authority.]
7. Tenure of members.⸺ (1) The Chairman and members, other than ex-officio
members, unless earlier removed for misconduct or physical or mental incapacity, shall hold office
for a period of four years and shall be eligible for re-appointment for a similar term or as
the Federal Government may determine:
Provided that the Chairman and a member shall retire on attaining the age of sixty-five years.
Explanation.⸺ For the purposes of this section the expression “misconduct” means
conviction for any offence involving moral turpitude and includes conduct prejudicial to good
order or unbecoming of a gentleman.
(2) The Chairman or a member may, by writing under his hand, resign his office.
8. Meetings of the Authority etc.— (1) The Chairman or, in his absence, the
member elected by the members for the purpose, shall preside at a meeting of the Authority.
(2) One-third of the total members shall constitute a quorum for meetings of the
Authority requiring a decision by the Authority.
(3) The members shall have reasonable notice of the time and place of the meeting and
the matters on which a decision by the Authority shall be taken in such meeting.
(4) The decisions of the Authority shall be taken by the majority of its members present, and
in case of a tie, the member presiding a meeting shall have a casting vote.
(5) All orders, determinations and decisions of the Authority shall be taken in writing and
shall identify the determination of the Chairman and each member separately.
9. Remuneration, of Chairman and members. The Chairman and members shall be paid
such emoluments as the President of Pakistan may determine and shall not be varied to their
disadvantage during their term of office.
10. Chairman and members not to engage themselves in certain business, etc.— (1) The
Chairman shall not, during his term of office, engage himself in any other service, business, vocation
or employment, or enter into the employment of, or accept any advisory or consultancy
relationship with any person or entity engaged in applying for a licence from the Authority or
operating a broadcast station established within the purview of the Authority or in providing
services or products to the Authority on any of the projects, schemes, proposals or plans undertaken,
executed or supervised by the Authority or any related undertaking of such aforesaid person or
entity.
(2) The members shall not have any direct or indirect financial interest, or have any connection
with any such person, entity or related undertaking as mentioned in sub-section (1) of this section
associated in any way with the licensee of a broadcast station for so long as they are members and
hold office.
11. Officers, employees, etc. To carry out the purposes of this Ordinance, the Authority may,
from time to time, appoint members of its staff, experts, consultants, advisers and other officers
and employees on such terms and conditions as it may deem fit.
12. Officers, etc. deemed to be public servants. The Chairman, members, members of its
staff, other officers and employees of the Authority shall be deemed to be public servants within
the meaning of section 21 of the Pakistan Penal Code (Act XLV of 1860).
13. Delegation. The Authority may, by general or special order, delegate to the Chairman or
a member or any member of its staff, or an expert, consultant, adviser, or other officer or employee
of the Authority any of its powers, responsibilities or functions under this Ordinance subject
to such conditions as it may by rules prescribe:
[Provided that the delegation of such power shall not include the power to grant, revoke or
cancel a broadcast media or distribution service licence except Cable TV.]
14. Fund.⸺ (1) There shall be established a fund to be known as “PEMRA Fund” which
shall vest in the Authority and shall be utilized by the Authority to meet charges in connection with
its functions including payment of salaries and other remunerations to the Chairman, members,
[employees], experts and consultants of the Authority.
(2) The Fund shall consist of.⸺
(i) seed money by the Federal Government;
(ii) fees for issuance
[and renewal] of licences for establishing and operating
broadcast or CTV stations;
(iii) loans obtained with the special or general sanction of the Federal Government;
(iv) foreign aid obtained with sanction of and on such terms and conditions as may
be approved by the Federal Government; and
(v) all other sums received by the Authority from any other source.
(3) The Authority may open and operate one or more accounts in local, or foreign currency,
in any scheduled bank
(4) The Authority may invest its funds in such investments as it may, from time to time,
determine.]
15. Budget. The Authority shall, in respect of each financial year, prepare its own budget
and submit it to the Federal Government three months before the commencement of every
financial year for information.
16. Accounts and Audit.⸺ (1) The Authority shall maintain complete and accurate books
of accounts of its actual expenses and receipts in such form as the Federal Government may, in
consultation with the Auditor General of Pakistan, determine.
(2) The Authority shall cause to be carried out audit of its accounts by one or more auditors
who are chartered accountants within the meaning of the Chartered Accountants Ordinance, 1961
(X of 1961).
(3) Notwithstanding the audit provided in sub-section (2) the Auditor-General shall have the
power to audit or cause to be audited the accounts of the Authority.
17. Annual report. The Authority shall compile and submit an annual report on its
operations and accounts for each financial year to the President of Pakistan and shall also
arrange for its publication and circulation to the media and the public.
18. Categories of licences.⸺ (1) The Authority shall issue licences for broadcast media
and distribution service in the following categories, namely:⸺
i. international and national scale stations;
ii. provincial scale broadcast;
iii. local area community based radio and TV broadcast;
iv. specific and specialized subjects;
v. distribution services; and
vi. up linking facilities including teleporting and DSNG.
(2) The Authority may further sub-categorize the categories specified in sub-section (1) as
it may deem fit.]
19. Licence to broadcast or operate.⸺ 1
[(1) The Authority shall have exclusive right to
issue licences for the establishment and operation of all broadcast media and distribution services,
provided that this exclusive right shall be used by the Authority in conformity with the
principles of fairness and equity applied to all potential applicants for licences whose
eligibility shall be based on prescribed criteria notified in advance and that this shall be done
through an open, transparent bidding process:
Provided that the bidding shall be held if the number of applications exceeds the number of
licences to be issued by the Authority.]
(2) No person shall engage in 1
[any broadcast media or distribution service] except after
obtaining a licence issued under this Ordinance.
(3) Every licence shall be subject to such terms and conditions as may be prescribed.
(4) The Authority shall have the power to determine number of licences to be issued in
each category or sub-category and charge fees at such rates as the Authority may fix from time to
time for the grant of a licence and for its annual renewal.]
(5) The Authority shall devise a Code of Conduct for programmes and advertisements for
compliance by the licensees.]
20. Terms and conditions of licence. A [person] who is issued a licence under this
Ordinance shall⸺
(a)[ensure preservation of] the sovereignty, security and integrity of the Islamic
Republic of Pakistan;
(b)[ensure preservation of] the national, cultural, social and religious values and
the principles of public policy as enshrined in the Constitution of the Islamic
Republic of Pakistan;
(c) ensure that all programmes and advertisements do not contain or encourage
violence, terrorism, racial, ethnic or religious discrimination, sectarianism,
extremism, militancy, hatred, pornography, obscenity, vulgarity or other
material offensive to commonly accepted standards of decency;]
(d) comply with rules made under this Ordinance;
(e) broadcast 1
[if permissible under the terms of its licence.] programmes in the
public interest specified by the Federal Government or the Authority in the
manner indicated by the Government or, as the case may be, the Authority,
provided that the duration of such mandatory programmes do not exceed ten
percent of the total duration of broadcast or operation by a station in twenty
four hours except if, by its own volition, a station chooses to broadcast 1
[* *
*] such content for a longer duration;
(f) comply with the codes of programmes and advertisements approved by the
Authority [and appoint an in-house monitoring committee, under intimation
to the Authority, to ensure compliance of the Code;]
(g) not broadcast or distribute any programme or advertisement in violation of
copyright or other property right;
(h) obtain NOC from Authority before import of any transmitting apparatus for
broadcasting, distribution or teleporting operation;]
(i) not sell, transfer or assign any of the rights conferred by the licence without
prior written permission of the Authority.
21. Consultation with Provinces.⸺ (1) The Authority shall, except where applications
for the issuance of a licence relates to Islamabad Capital Territory, invite the comments of the
Government of the Province concerned, with regard to the proposed location of the Radio, TV
or MMDS station for which the application has been made, and if the concerned Provincial
Government has any reservation to the issuance of the licence, the Authority shall invite the
representative of the Provincial Government and consider its viewpoint before taking a decision
on the issuance of a licence:
Provided that where the Provincial Government objects to the issuance of a particular licence,
the applicant shall be provided an opportunity to be present at the meeting of the Authority and
given an opportunity of being heard with regard to the observations made by the Provincial
Government.
(2) Where the signal of a radio TV or MMDS station has the potential to cover an area
outside the limits of the Province in which the unit is proposed to be located, the Authority shall
invite one or more representatives from the concerned Provincial Governments to express their
viewpoint, if any, on the inter-Provincial dimensions of the signal.]
22. Duration for consideration of the application for a licence. The Authority shall take
decision on the application for a licence within one hundred days from the receipt of the
application.
23. Exclusion of monopolies.⸺ (1) No person shall be entitled to the benefit of any monopoly or exclusivity in the matter of broadcasting or the establishment and operation of
broadcast [media or distribution service] or in the supply to, or purchase from, a national
broadcaster of air time, programmes or advertising material and all existing agreements and
contracts to the extent of conferring a monopoly or containing an exclusivity clause are, to
the extent of exclusivity, hereby declared to be inoperative and of no legal effect.
(2) In granting a licence, the Authority shall ensure that open and fair competition is
facilitated in the operation of more than one media enterprise in any given unit of area or
subject and that undue concentration of media ownership is not created in any city, town or area
and the country as a whole.
Provided that if a licensee owns, controls or operates more than one media enterprise, he
shall not indulge in any practice which may impede fare competition and provision of level
playing field.]
24. Licence, application, issuance, refusal and validity.⸺ 2
[(1) Any person desirous of
obtaining a licence for establishment and operation of broadcast media or a distribution service
shall apply to the Authority in such manner and form as may be prescribed.]
(2) The Authority shall process each application in accordance with prescribed criteria
and shall hold public hearings in the respective provincial capitals of each Province, or as the case
may be, Islamabad, before granting or refusing the licence.
(3) Each application shall be accompanied by such fee as the Authority may prescribe.
(4) A licence shall be valid for a period of five, ten or fifteen years subject to payment of the
annual fee prescribed from time to time.
(5) The Authority may renew a licence on such terms and conditions as may be prescribed,
and in case of refusal to renew a licence reasons shall be recorded in writing.
25. Certain persons not be granted licence. A licence shall not be granted to—
(a) a person who is not a citizen of Pakistan or resident in Pakistan;
(b) a foreign company organized under the laws of any foreign government;
(c) a company the majority of whose shares are owned or controlled by foreign
nationals or companies whose management or control is vested in foreign
nationals or companies;
; or
(d) any person funded or sponsored by a foreign government or organization.]
26. Council of Complaints.⸺ 1
[(1) The Federal Government shall, by notification in the
official Gazette, establish Councils of Complaints at Islamabad, the Provincial capitals and also
at such other places as the Federal Government may determine.]
(2) [Each] Council shall receive and review complaints made by persons or organizations
from the general public against any aspects of programmes broadcast 1
[or distributed by a station] established through a licence issued by the Authority and render opinions on such
complaints.
(3) 1
[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.
1
[(3A) The Councils shall have the powers to summon a licensee against whom a complaint
has been made and call for his explanation regarding any matter relating to its operation.]
(4) The Authority shall formulate rules for the functions and operation of the 1
[Councils]
within two hundred days of the establishment of the Authority.
(5) The 1
[Councils] may recommend to the Authority appropriate action of censure, fine
against a broadcast or CTV station or licensee for violation of the codes of programme content
and advertisements as approved by the Authority as may be prescribed.
27. Prohibition of broadcast media or distribution service operation. The Authority
shall by order in writing, giving reasons, prohibit any broadcast media or distribution service
operator from⸺
(a) broadcasting or re-broadcasting or distributing any programme or
advertisement if it is of the opinion that such particular programme or
advertisement is against the ideology of Pakistan or is likely to create hatred
among the people or is prejudicial to the maintenance of law and order or is
likely to disturb public peace and tranquility or endangers national security
or is pornographic, obscene or vulgar or is offensive to the commonly
accepted standards of decency; or
(b) engaging in any practice or act which amounts to abuse of media power by
way of harming the legitimate interests of another licensee or willfully causing
damage to any other person.]
28. Suspension of [broadcast media or distribution service operation]. A broadcast
media or distribution service] operator shall not cease or suspend broadcasting except on account
of force majeure or with the prior Approval of the Authority.
29. Power to authorize inspection. (1) The Authority may authorize any of its officers or its
nominees to enter the premises of a [broadcast media or distribution service] operator for purposes
of inspection 1
(2) A broadcast [media station or distribution service premises] shall, at all reasonable times,
be open to inspection by an authorized officer under sub-section (1) and the licensee shall provide
such officer with every assistance and facility in performing his duties.
(3) The authorized officer shall, within forty-eight hours of the inspection, submit his
inspection report to the Authority.
[(4) The Authority may authorize any of its officers to undertake investigation, in the manner
it may prescribe, in any matter with regard to its functions and to seek any specific information,
from any person, which the Authority may deem useful in order to enable it to determine and dispose
of such matter.
(5) The Authority or as the case may be the Chairman after issuing show cause notice to
broadcast media or distribution service may seize its broadcast or distribution service equipment, or
seal the premises, which is being used in contravention of the provisions of this Ordinance or the
rules made thereunder or any other law:
Provided that the equipment shall be returned to the holder of a valid licence after imposing
on him such penalty as the Authority may determine.
(6) The Authority may, after the licensee has been, given reasonable opportunity to show
cause, impose fine up to one million rupees on a licensee who contravenes any of the provisions
of this Ordinance or the rules or regulations made thereunder.]
29A. Dues to be recovered as arrears of land revenue. All dues including outstanding
licence fee, annual renewal fee or any other charges including fine as imposed by the
Authority shall be recoverable as arrears of land revenue.]
30. Power to vary conditions suspend or revoke the licence.⸺(1) The Authority may
revoke or suspend the licence of a broadcast media or distribution service by an order in
writing on one or more of the following grounds, namely:⸺
(a) the licensee has failed to pay the license fee annual renewal fee or any other
charges including fine, if any;
(b) the licensee has contravened any provision of this Ordinance or rules or
regulations made thereunder:
Provided that in the case of revocation of a licence of a broadcast media
an opinion to this effect shall also be obtained from the Council of Complaints;
(c) the licensee has failed to comply with any condition of the licence; and
(d) where the licensee is a company, and its shareholders have transferred a
majority of the shares in the issued or paid up capital of the company or if
control of the company is otherwise transferred to persons not being the
original shareholders of the company at the time of grant of licence, without
written permission of the Authority.
(2) The Authority may vary any of the terms and conditions of the licence where it deems
that such variation is in the public interest.
(3) Except for reason of necessity in the public interest a licence shall not be varied, suspended
or revoked under sub-section (1) or (2) unless the licensee has been given reasonable notice to show
cause and a personal hearing.]
30A. Appeals. Any person aggrieved by any decision or order of the Authority may, within
thirty days of the receipt of such decision or order, prefer an appeal to the High Court:
Provided that PEMRA shall make available a copy of its decision or order of revocation of
licence within twenty-four hours of the decision to the licensee for referring an appeal to the High
Court.]
31. Uplinking Facilities.⸺ (1) No person shall carry out uplinking without a valid
Teleport or Satellite TV licence from the Authority.
(2) The Authority may, subject to fulfillment of such conditions, as may be prescribed, issue
permission in writing to any party to carry out temporary uplinking from a ground transmission facility
to a satellite in order to transmit any programme within or outside Pakistan.]
32. Power to grant exemptions. The Authority may grant exemptions from any provisions
of this Ordinance, where the Authority is of the view that such exemption serves the public interest
and the exemptions so granted shall be supported by recording the reasons for granting such
exemptions in writing provided that the grant of exemptions shall be based on guidelines and criteria
identified in the Rules and that such exemptions shall be made in conformity with the principles
of equality and equity as enshrined in the Constitution.
33. Offences and penalties.⸺ (1) Any broadcast media or distribution service] operator
or person who violates or abets the violation of any of the provisions of the Ordinance shall be guilty
of an offence punishable with a fine which may extend to [ten million] rupees.
(2) When such 3
[broadcast media or distribution service] operator or person repeats the
violation or abetment, such person shall be guilty of an offence punishable with imprisonment for a
term which may extend to three years, or with fine, or with both.
(3) Where the violation, or abetment of the violation of any provision of this Ordinance
is made by a person who does not hold a licence, such violation shall be punishable with
imprisonment for a term which may extend to four years, or with fine, or with both1
[, in
addition to the confiscation of the equipment used in the commission of the act.]
(4) Whosoever damages, removes, tampers with or commits theft of any equipment of a
broadcast media or distribution service station licensed by the Authority, including
transmitting or broadcasting apparatus, receivers, boosters, converters, distributors, antennae,
wires, decoders, set-top boxes or multiplexers shall be guilty of an offence punishable with
imprisonment which may extend to three years, or with fine, or both.
33A. Officers of Federal, Provincial and Local Governments to assist Authority.
The officers of Federal Government, Provincial Governments and Local Governments including
the Capital Territory Police and the Provincial Police shall assist the Authority and its officers in
the discharge of their functions under the provisions of this Ordinance and the rules and regulations
made thereunder.
33B. Warrants for search.⸺ (1) Where on information furnished by the Authority, the
Court has reason to believe that any unlicensed broadcast media or distribution service is being
owned, controlled or operated or its equipment is being kept or concealed, it may issue a
search warrant and the person to whom such search warrant is directed, may enter the premises
where such unlicensed broadcast media or distribution service is being owned, controlled,
operated or provided or its equipment is being kept or concealed, or carry out search and inspection
thereof and seize all or any equipment therein.
(2) Any equipment of a broadcast media station seized under sub-section (1) having
no ostensible owner shall vest in the Authority.]
34. Cases to be initiated on complaint. No court shall take cognizance of any offence
under 3
[sub-section (1) or (2) of section 33 of] this Ordinance except on a complaint in
writing by the Authority or any officer authorized by it.
34A. Offences to be compoundable and cognizable. The offences under sub-sections
(3) and (4) of section 33 of this Ordinance shall be compoundable and cognizable.]
35. Cognizance of offences etc.⸺ (1) No court inferior to that of a Magistrate of the first
class shall try an offence punishable under this Ordinance.
(2) Notwithstanding anything contained in section 32 of the Code of Criminal Procedure,
1898 (Act V of 1898), it shall be lawful for any Magistrate of the first class to pass any
sentence authorized by this Ordinance even if such sentence exceeds his powers under the said
section 32.
36. Offences by companies.⸺ (1) Where any offence under this Ordinance has
been committed by a person who at the time the offence was committed was in charge of and was
responsible to the company for the conduct of the business of the company as well as the company
itself shall be deemed to be guilty of the offence and shall be liable to be proceeded against and
punished accordingly.
(2) Where the person guilty of an offence under this Ordinance, is a company, corporation
or firm, every director, partner and employee of the company, corporation or firm shall, unless
he proves that offence was committed without his knowledge, or consent, shall be guilty of the
offence and shall be liable to be proceeded against and punished accordingly.
37. Ordinance overrides other laws.⸺ (1) The provisions of this Ordinance shall have
effect notwithstanding anything to the contrary contained in any other law for the time being
in force, or any contract, agreement or any other instrument whatsoever:
Provided that⸺
(a) the national broadcasters, namely the Pakistan Broadcasting Corporation shall
continue to be regulated by the Pakistan Broadcasting Corporation Act 1973
(XXXII of 1973) and the Pakistan Television Corporation and Shalimar
Recording and Broadcasting Company Limited shall continue to be
administered under the provisions of the Companies Ordinance 1984 (XLVII
of 1984); and
(b) other existing private broadcasters or CTV operators who had been granted
respective monopolies in multi-modal distribution system, Cable TV and in
FM radio shall henceforth be regulated by this Ordinance except in respects
where specific exemptions are granted by the Authority.
38. Indemnity. No suit, prosecution or other legal proceeding shall lie against the Federal
Government or any Provincial Government or local authority or any other person exercising any
power or performing any function under this Ordinance or for anything which is in good faith
done or purporting or intended to be done under this Ordinance or any rule made thereunder.
39. Power to make rules.⸺ (1) The Authority may, with the approval of the Government,
by notification in the official Gazette, make rules to carry out the purposes of this Ordinance.
(2) In particular, and without prejudice to the generality of the fore-going power, such
rules may be provided for all or any of the following matters, namely:⸺
(a) to prescribe the forms for the licences for working, installing, operating, or
dealing in transmission broadcast or distribution apparatus and the manner in
which applications for the licences shall be granted;
(b) to prescribe the terms and conditions of the licence including fee to be charged
in connection with the issuance of licences and related matters, 1
(c) to prescribe standards and measures for the establishment of broadcast media
stations, installation of broadcasting, distribution service or teleporting
equipment, transmitters, receivers, boosters, converters, distributors and
common antennae;
(d) to prescribe terms and conditions for the broadcast media or distribution service
operators who own, control or operate more than one media enterprise; and
(e) to define the circumstances constituting undue concentration of media
ownership and abuse of powers and anti-competitive practices by media
companies.]
40. Removal of difficulties. If any difficulty arises in giving effect to the provisions of this
Ordinance, the Authority may make such order, not inconsistent with provisions of this Ordinance,
as may appear to it to be necessary for the purpose of removing the difficulty.