Updated: Wednesday May 14, 2014/AlArbia'a
Rajab 15, 1435/Budhavara
Vaisakha 24, 1936, at 10:29:52 PM
The
In exercise of the powers conferred by
Rule 30 of the Pakistan Electronic Media Regulatory Authority (PEMRA) Rules,
2002 read with Section 39 of the Pakistan Electronic Media Regulatory Authority
Ordinance, 2002 (No. XIII OF 2002), the Pakistan Electronic Media Regulatory
Authority is pleased to make the following Regulations, namely:---
1. Short Title and Commencement:- (l) These Regulations may be called the
Pakistan Electronic Media Regulatory Authority (Media Ownership and Control)
Regulations, 2002.
(2) These Regulations shall come into force
at once.
2.
Definitions:- (l) In these
Regulations, unless there is anything repugnant in the subject or context:---
(a) “agreement” includes any arrangement or
understanding whether in writing or not and whether it is, or is intended to
be, legally enforceable or not;
(b) “associated undertakings” mean any two
or more companies, undertakings or a company and an undertaking interconnected
with each other in the following manner, namely:---
(i) If a person who is the owner or a
partner or director of a company or an undertaking or who, directly or
indirectly, holds or controls shares carrying not less than ten percent of the
voting power in that company or undertaking; or
(ii) If the companies or undertakings are
under common management or common control or one is the subsidiary of another;
(c) “associated persons means two or more
persons, with one person having relationship with another as father or mother
or son or daughter or wife or brother or sister;
(d) Authority” means the Pakistan Electronic
Media Regulatory Authority) established under section 3 of the Ordinance;
(e) “broadcasting Station” means a location
from where television and radio programmes are broadcast.
(f) “Control” in relation to a Company or an
undertaking, means the power to exercise a controlling influence over the
management or the policies of the Company or the undertaking and, in relation
to shares, means the power to exercise a controlling influence over the voting
power attached to such shares; and, in relation to person, means a controlling
influence over that person;
(g) “cross media ownership” means the ownership
by one person or associated persons or associated undertakings of more than one
of any of the following, namely, print media, Advertising Agency, Television
Broadcast Station or Radio Broadcast station;
(h) “products” means advertisements,
television Programmes or Radio Programmes;
(i) “Licence Area” means the geographical
area for which Licence is issued by the Authority;
(j) “market” in relation to products or
services, includes the geographic limits of a licence area as determined by the
Authority in which competition in the production or sale of such products or
the provision of such services takes place;
(k) “monopoly power” means the ability of a
person or associated persons or associated undertakings in a market to set non-
competitive prices or restrict output without losing a substantial share of the
market or to exc1ude others from any part of that market;
(l) “ordinance” means the Pakistan
Electronic Media Regulatory Authority Ordinance, 2002 (XIll of2002);
(m) “person” inc1udes the Company and the
undertaking;
(n) “person in control of licence or
undertaking” means a person who is in a position to control the licensee or the
undertaking;
(o) “price”, in relation to the sale of any
products or to the provision of any services, includes every valuable
consideration, whether direct or indirect which in effect relates to the sale
of any products or the provision of any services;
(p) “rules” means the Electronic Media
Regulatory Authority (PEMRA) Rules 2002.
(q) “service” means provision of news,
education, information, entertainment or amusement, or of facilities in
connection with broadcast media;
(r) “trade practice” n1eans any act or
practice relating to the carrying of a trade or business in the field of
broadcasting, distribution or programming;
(s) “undertaking” means a business concern
engaged in broadcasting, distribution or programming and includes any operation
for control over all or any part of the programmes or programme schedules of
one or more broadcasting undertakings;
(t) “restrictive trade practices” means a
trade practice which has or may have the effect of unreasonably preventing,
restraining or otherwise lessening competition in any manner;
(2) Words and expressions used but not
defined in these Regulations shall have the same meaning as are ascribed to
them in the Ordinance and the Rules.
3. Undue concentration of media ownership
prohibited.- There
shall be no undue concentration of media ownership, cross media ownership,
monopoly power or restrictive trade practices by a person or associated persons
or associated undertakings.
4. Circumstances constituting undue
concentration of media ownership.– (1) Undue concentration of media ownership shall be deemed to
have been brought about, maintained or continued if :-
(a) In respect of Television Broadcasting
(i) a person or associated persons or
associated undertakings is/are in a position to control television broadcasting
licensees whose combined licence area population exceeds 35% of the population
of Pakistan; or
(ii) a person or associated persons or
associated undertakings is/are in a position to exercise control over more than
one television broadcasting licensees in the same licence area;
(b) in respect of radio broadcasting
licence, a person or associated persons or associated undertakings is/are in a
position to control more than one radio broadcasting licences in the same
licence area;
(c) in respect of television broadcasting
licence and radio broadcasting licence, a person or associated persons or
associated undertakings is/are in a position to control
(i) a television broadcasting licence; and
(ii) a radio broadcasting licence.
5. Circumstances constituting cross media
ownership.- Cross
media ownership shall be deemed to have been brought about, maintained or
continued if a person or associated persons or associated undertakings:
(a) own(s) or control(s) both a newspaper
and a radio broadcast station; or
(b) own(s) or control(s) both a newspaper
and a TV broadcast station;
(c) own(s) or control(s) both a Television
broadcast station and a Radio broadcast station; or
(d) own(s) or control(s) both an advertising
agency and a TV broadcast station; or
(e) own(s) or control(s) both an advertising
agency and a radio broadcast station.
6. Requirement for licensee to notify control.- (1) Each television broadcasting licensee
and radio broadcasting licensee shall, within one month after the end of each
calendar year notify to the Authority, in writing, details of the persons who,
to the knowledge of the licensee were in a position to control the licensee
during that calendar year.
7. Requirement to notify changes in control.- If it comes to the knowledge or notice of a
television broadcasting licensee, or a radio broadcasting that:---
(a) a person or undertaking who was not in a
position to control the licensee has assumed a position which enables him or it
to control the licensee; or,
(b) a person or undertaking who was in a
position to control the licensee has ceased to be in that position;
The licensee shall, within 7 days of such
knowledge, notify the Authority of that event.
8. Persons in control of television
broadcast licence or radio broadcasting licence to notify the Authority of
newspaper or an advertising agency interests.- (1) Each person who is in a position to
control a television broadcasting licence or a radio broadcasting licence shall
notify to the Authority, in writing details of any financial interests in any
newspaper, periodical or an advertising agency within 7 days of such happening.
9. Circumstance constituting unreasonable
monopoly power:- (1)
Unreasonable monopoly power shall be deemed to have been brought about,
maintained and continued if:---
(a) there has been created or maintained any
such relationship between two or more persons or undertakings as makes them
associated persons or associated undertakings in the same licence area where
they produce, supply, distribute or provide not less than one third of the
total products and services in such market; or
(b) there has been any acquisition by one
person or undertaking of the stock or assets of any other person or
undertaking, or any merger of undertakings, where the effect of the acquisition
or merger is likely to create monopo1y power or to substantially lessen
competition in any market, including any acquisition which creates any such
relationship as is referred to in sub-Regulation (a).
10. Restrictive trade practices:- Unreasonable restrictive trade practices
shall be deemed to have been established or resorted to or continued if there
is any agreement between licensees who are actual or potential competitors and
have entered into such agreement for the purposes of fixing minimum resale
prices and has the effect of,---
(a) fixing the purchase price or selling
price or imposing any other restrictive trading condition with regard to the
sale or distribution of any products or the provision of any services; or
(c) dividing or sharing the markets for any
products or services; or
(d) limiting the quantity or the means of
production, distribution or sale with regard to any products or the manner of
providing any service; or
(e) limiting technical development or
investment with regard to the production, distribution or sale of any products
or the provision of services.
11. Penalty.- (1) The Authority may, by an order in
writing, suspend or revoke the licence or direct any person or undertaking or
licensee to pay a penalty of such sum not exceeding rupees one hundred thousand
as the Authority shall specify in the order if, after giving the person or
undertaking or license concerned an opportunity of being heard, it determines
that such person or undertaking;
(a) has failed to comply with any
prohibition or condition or clause contained in these Regulations;
(b) has failed to furnish any information or
made any statement to the Authority which he knows or has reason to believe to
be false in any material particular.
The Pakistan Electronic Media
Regulatory Authority Ordinance, 2002
The Pakistan Electronic Media
Regulatory Authority (PEMRA) Rules, 2002
The PEMRA Standards for Cable
Television Regulations, 2003
The PEMRA Cable Television
(Operations) Regulations, 2002
The PEMRA (TV/Radio Broadcast
Operations) Regulations, 2002
The Council of Complaints
(Organization and Functions) Regulations, 2002
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