| Citation(s) |
|---|
| 2022 SLG 464 2022 SLD 464 2022 CLC 254 |
Sindh High Court
Miscellaneous Appeal No.1 of 2017, decided on 28th April, 2021. Dates of hearing: 30th March and 7th April, 2021.
MUHAMMAD SHAFI SIDDIQUI, JUSTICE
Ms. Sana Akran Minhas for Appellant. Kashif Hanif and Sarmad Ali for
Respondents.
Miscellaneous Appeal No.1 of 2017, decided on 28th April, 2021. Dates of hearing: 30th March and 7th April, 2021.
MUHAMMAD SHAFI SIDDIQUI, JUSTICE
Ms. Sana Akran Minhas for Appellant. Kashif Hanif and Sarmad Ali for
Respondents.
SHOW TIME CABLE AND DATACOM (PVT.) LIMITED THROUGH DIRECTOR
VS
PAKISTAN ELECTRONIC MEDIA REGULATORY AUTHORITY THROUGH CHAIRMAN AND ANOTHER
Law: Pakistan Electronic Media Regulatory Authority Rules, 2002
Section: 26(2)&30-A
Pakistan Electronic Media Regulatory Authority Ordinance (XIII of 2002)--- ----Ss.26(2) 30-A---Pakistan Electronic Media Regulatory Authority (Council of Complaints) Rules, 2010, R. 8---Pakistan Electronic Media Regulatory Authority Rules, 2009, Schedule B, Table 1---Licence---Validation---Council of Complaints, jurisdiction of---Settlement of financial claim company was engaged in business of cable television operation---Grievance of appellant was that extension/revalidation of its license was made conditional subject to settlement of financial claim---Validity---Role of Council of Complaints under S.26(2) of Pakistan Electronic Media Regulatory Authority Ordinance, 2002, was restricted to the contents of programs broadcasted and distributed--- Complaint in such regard could alone be lodged with Pakistan Electronic Media Regulatory Authority which could be marked to Council of Complaints for an opinion and recommendation---Provision of R.8 of Pakistan Electronic Media Regulatory Authority (Council of Complaints) Rules, 2010, provided room for grievance of complainant to the extent of a program or advertisement---Only on such count summons could be issued and not otherwise---Like other e-channels who were being charged in terms of Table 1, attached to Schedule B of Pakistan Electronic Media Regulatory Authority Rules, 2009, which included licence fee, renewal fee and 5% annual gross advertisement revenue, appellant was also being charged Gross Annual Advertisement Revenue (GAAR) for their in-house channels only---In case of in-house channel relay, not only license fee and renewal fee was payable but advertisement revenue was also collected, like it was collected from other satellite TV channels---High Court declined to interfere in that matter as notice was rightly issued by the Authority and appellant was supposed to deposit its outstanding dues---Appeal was dismissed, in circumstances. JUDGMENT MUHAMMAD SHAFI SIDDIQUI, J.---- This Miscellaneous Appeal under section 30-A of Pakistan Electronic Media Regulatory Authority Ordinance, 2002 (hereinafter referred as PEMRA Ordinance 2002) was filed by the appellant who were/are engaged in the business of cable…
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