| Citation(s) |
|---|
| 2026 SLD 3106 |
W.P. NO. 1092 OF 2021
Presented By: (MUHAMMAD AZAM KHAN) JUDGE
Petitioners by : Ch. Hasan Murtaza Mann, Advocate.
Respondents by : Syed Safeer Hussain Shah, Advocate for the
Respondent No.2. Raja Zamir-ud-Din Ahmed, A.A.G. Mr. Umar Khitab and Mr. Khalid Mehmood, Directors Legal, on behalf of the PEMRA. Date of hearing : 16.09.2025
M/S TV NATION (PRIVATE) LIMITED & ANOTHER
VS
FEDERATION OF PAKISTAN THROUGH SECRETARY, MINISTRY OF INFORMATION, BROADCASTING AND NATIONAL HERITAGE, ETC
Law: Constitution of Pakistan 1973
Section: 18, 19, 19A, 25, 199
Law: PEMRA Ordinance, 2002
Section: 19, 19(4), 23, 30-A
Law: Limitation Act, 1908
Section: 29, 5
Tagline
PEMRA is legally empowered to limit the number of distribution service licences; the four-licence cap under Regulation 5(2) is a valid regulatory measure to prevent market concentration and does not violate the constitutional rights to trade, equality, freedom of speech, or access to information.
Summary
The petitioners challenged Regulation 5(2) of the PEMRA Distribution Services Regulations, 2011, seeking its declaration as unconstitutional and ultra vires the PEMRA Ordinance, 2002. They also challenged PEMRA's alleged verbal ban on the issuance of new Cable TV licences and claimed discrimination on the ground that IPTV operators, particularly PTCL, had been granted wider operational licences.
The Islamabad High Court held that Section 19(4) of the PEMRA Ordinance expressly authorizes PEMRA to determine the number of licences to be issued in each category or sub-category. Therefore, prescribing a maximum limit of four distribution service licences and restricting more than one licence in the same area is within PEMRA's statutory powers.