Law: Pakistan Electronic Media Regulatory Authority Rules, 2009

Section: 15(3)

Law: Constitution of Pakistan, 1973

Section: 18,19,199

Law: Pakistan Electronic Media Regulatory Authority Ordinance (XIII of 2002)

Section: 20(d),30,20

(a) Pakistan Electronic Media Regulatory Authority Rules, 2009--- ----R. 15(3)---Pakistan Electronic Media Regulatory Authority Ordinance (XIII of 2002) Ss. 20(d) & 30---Constitution of Pakistan, Arts. 18 & 19---Satellite TV channels---Programmes and advertisement content---Excessive advertisement breaks during broadcast of programmes---Violation of R. 15(3) of Pakistan Electronic Media Regulatory Authority Rules, 2009 and Satellite TV licence agreement---Issuance of show cause notice and public notice by Pakistan Electronic Media Regulatory Authority (PEMRA)---Constitutionality and legality---In terms of the provisions of R.15(3) of the Pakistan Electronic Media Regulatory Authority Rules, 2009, and the licence agreement between PEMRA and private media companies (petitioners), a reasonable duration of three minutes had been prescribed for a continuous break for advertisements during regular programmes, whereas, further reasonable duration of fifteen minutes had also been prescribed between two such successive breaks---Similarly, in terms of the licence agreement the maximum period of an advertisement break during prime time i.e. between 1900 to 2200 hours had been prescribed not to be more than two minutes to a minimum of ten minutes of the programme---Merely, "duration of advertisements", during a regular programme and during prime time, had been prescribed in order to maintain uniformity and reasonable continuity in the programme to be telecast, keeping in view the purpose of the Pakistan Electronic Media Regulatory Authority Ordinance, 2002---By no stretch of imagination it could be stated that, by prescribing "duration of advertisement" during a programme the Legislature or the Government, had in any manner infringed the right of private media companies guaranteed under Arts. 18 & 19 of the Constitution, because said rights were not absolute rights but were subject to reasonable restrictions in accordance with the provisions of the Constitution itself or any other law made in such regard---PEMRA was at liberty to regulate its affairs and unless such regulation was arbitrary, discriminatory or demonstrably irrelevant to the policy, it could not…

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