Case Details

Citation(s)
2017 SLG 1528 2017 SLD 1528 2017 PLD 289
Lahore High Court
Writ Petition No. 25317 of 2016, decision Dated: 28thDecember, 2016, Heard on: 27th October, 2016.
AYESHA A. MALIK, JUSTICE, ABID AZIZ SHEIKH, JUSTICE, SHAHID KARIM, JUSTICE
Ms. Asma Jahangir assisted by Ms. Noor Ejaz Chaudhary, Hamid Azam Leghari and Ms. Namra Gilani, for Petitioners.Mirza Nasar Ahmad and Muzammil Akhtar Shabbir, DAGs for the Federation.Salan Akram Raja assisted by Asad Ladha, Ms. Unsa Manzoor, Bilal Bas

INDEPENDENT NEWSPAPERS CORPORATION (PVT) LTD AND OTHERS ERSVSFEDERATION OF PAKISTAN AND OTHERS --RespondentS

Law: Pakistan Electronic Media Regulatory Authority Ordinance, 2002

Section: 23,39

Law: Constitution of Pakistan, 1973

Section: 19

Per Ayesha A. Malik, J; Shahid Karim, J, agreeing. (a) Pakistan Electronic Media Regulatory Authority Ordinance (XIII of 2002) ---.--- ---.--- -Ss. 23, 39 & Preamble ---.--- Constitution of Pakistan, Art.19 ---.--- Regulatory objective of the Pakistan Electronic Media Regulatory Authority Ordinance, 2002 in the context of the Fundamental Right to "freedom of speech" under Art. 19 of the Constitution ---.--- Enlargement of choice and optimization of free flow of information in the electronic media ---.--- Open and healthy competition in the electronic media ---.--- Rationale for prevention of undue concentration of ownership ---.--- Determination of circumstances in which concentration of ownership undue ---.--- Exercise of power under S.39 Pakistan Electronic Media Regulatory Authority Ordinance, 2002 to make rules in order to achieve regulatory objectives, and limitations thereto ---.--- Nature of the regulatory landscape, contours of the regulation, and limitations to authority to frame rules, extensively explained. Pakistan Broadcasters Association and others v. Pakistan Electronic Media Regulatory Authority and others PLD 2016 SC 692; In the Book titled the Judge in Democracy by Professor Aharon Barak; Dr. Raja Aamer Zaman v. Omar Ayub Khan and others 2015 SCMR 1303; Muhammad Nawaz Chandio v. Muhammad Ismail Rahu and others 2016 SCMR 875 and Khawaja Ahmad Hassaan v. Government of Punjab and others 2005 SCMR 186 rel. (b) Pakistan Electronic Media Regulatory Authority Ordinance (XIII of 2002) ---.--- ---.--- -S. 23(2) & Preamble ---.--- Exclusion of monopolies ---.--- Media ownership concentration and exclusion of monopolies ---.--- Vertical and horizontal integration of media ownership ---.--- Nature of such vertical and horizontal integration ---.--- Rationale for regulation of "vertical integration" of media ---.--- Any enterprise or owner who operated publication, distribution or broadcast was a media enterprise ---.--- Media enterprise could own more than one company engaged in the media business which would include a group of companies which were engaged in different areas of the media sector ---.--- Within electronic media, a media enterprise…
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