Updated: Monday May 12, 2014/AlEthnien
Rajab 13, 1435/Somavara
Vaisakha 22, 1936, at 05:11:17 PM
The
In exercise of the powers conferred under Sub-section (4) of Section 26 of the Pakistan Electronic Media Regulatory Authority(PEMRA) Ordinance, 2002, read with Rule 30 of the PEMRA Rules, 2002, the Pakistan Electronic Media Regulatory Authority is pleased to make the following regulations:---
1. Short Title and Commencement: -- (1) These regulations shall be called The Pakistan Electronic Media Regulatory Authority (Council of Complaints, Organization and Functions) Regulations, 2002.
(2) They shall come into force at once.
2. Definitions. (1) In these Regulations, unless there is anything repugnant in the subject or context,---
(a) “advertisement” means a set of visual
and audio messages for the projection of a product, service, or idea with the
object of propagating sale, purchase or hire of the product, service or idea
for creating other related effects;
(b) “Authority” means the Pakistan
Electronic Media Regulatory Authority (PEMRA) established under section 3 of
the PEMRA Ordinance, 2002;
(c) “basic service” means television
programmes and FM sound radio programme channels relayed by the licensee which
a person is obliged to pay for in order to become a subscriber to a cable
service;
(d) “broadcast media” means broadcast by
radio, television including Cable television, closed circuit television, direct
satellite broadcasting for radio and television or multi-channel multi point
distribution systems, or such other broadcast media as the Authority, from time
to time, with the approval of the Federal Government, may define;
(e) “broadcaster” means a person engaged in
broadcast media;
(f) “cable television operator” means any
person who, after receiving the broadcast signals from other channels of
communications, rebroadcasts or provides service through a cable television
system, including MMDS, or otherwise controls or is responsible for the
management and operation of a cable television network;
(g) “Commissioner” means the Commissioner of
the Council and also includes the Commissioner of the regional Council;
(h) “Code” means the Code of Conduct for
Media Broadcasts;
(i) “Council” means the Council of
Complaints and includes regional office of the Council of Complaints,
established under the Ordinance;
(j) “Federal Government” means the Ministry
of Information and Media Development;
(k) “licence” means a licence issued by the
Authority for the establishment and operation of a broadcast or cable TV
network station;
(l) “licensee” means a person to whom the
Authority has issued a licence;
(m) “person” includes an individual,
partnership, association, company, trust or corporation;
(n) “programme” means any audio, visual or
audio-visual live performance or presentation, or live transmission of films,
features, dramas, advertisements and serials; and the expression “programming
service” shall be construed accordingly;
(o) “regulations’ mean the regulations made
under the Ordinance and the rules to carry out the functions under the
Ordinance;
(p) “rules” means the rules made under PEMRA
Ordinance, 2002; and
(q) “subscriber” means a person who receives
the signal of a cable television system at a place indicated by him to the
cable television operator without further transmitting it to any other person.
(2) Words and phrases used but not defined
in these rules, unless the context otherwise requires, shall have the meanings
assigned to them in the Ordinance and the rules made thereunder.
3. Establishment of the Councils of
Complaints:-- (1)
There shall be established the Councils of Complaints at
(2) The Councils shall work independently
under the supervision of the Authority and their functions will be coordinated
by a Coordinating Officer, stationed in
(3) The regional Councils shall be fully
competent to take action on the complaints, as provided in the Ordinance and
the rules made thereunder.
4. Composition of the Councils:-- Each Council, as also the regional
Councils, shall consist of a Commissioner and five Members being citizens of
eminence from the general public at least one of whom shall be a woman.
5. Tenure of Commissioner and Members:-- (1) The Commissioner and Members, as
also the regional Commissioner and Members, unless earlier removed for
misconduct or physical or mental incapacity, shall hold office for a period of
two years and shall be eligible for re-appointment for a similar term as the
Authority may determine:
(2) The Commissioner or a Member may, by
writing under his hand, resign his office.
6. Commissioner and Members to have honorary
positions:-- (1) The
Commissioner and Members shall hold honorary positions. They shall participate
in all meetings and shall receive such fee and expenses for each meeting, as
may be determined, from time to time, by the Authority.
(2) The Commissioner shall, however, receive
an additional fee for each meeting as may be determined by the Authority.
7. Status of the Council: The Councils will be recommendatory bodies
and shall assist the Authority in carrying out the objectives and purposes of
the PEMRA Ordinance, 2002.
8. Seat of the Council: The Councils shall have offices in
9. Meetings of the Councils: (1) The Councils shall hold regular meetings, at least once in a
month, and the intervening period between the two meetings will not be more
than Forty days.
(2) The Commissioner shall convene the
meeting of the respective Council;
Provided that the Commissioner may, convene
a meeting any time when in his opinion a pressing issue is to be considered and
disposed of;
(3) The Authority may also direct any
Council to hold a meeting and discuss a specific agenda proposed by the
Authority.
(4) The Councils shall hold meetings
generally in the regional offices or at such other places as may be expedient;
(5) The decisions of the Councils shall be
taken by the majority of their members and a record of the proceedings of the
meetings shall be maintained.
(6) The Members and all other invitees shall
be given reasonable notice of the time and venue of the meeting.
(7) The Council may make Sub-Committees to
process and inquire into the complaints, with such terms of reference as the
Council may require, for a specific subject.
10. Functions: (1) The Councils shall receive and inquire into
the complaints made by persons or organizations from the general public against
any aspects of programmes broadcast or distributed by a broadcast or a cable TV
network station and render opinions on such complaints.
(2) The Councils will take cognizance of
complaints received by it directly from the public or those referred to it by
the Authority.
(3) The Councils may recommend to the
Authority appropriate action of censure, fine against a broadcast or cable TV
network station or licensee for violation of the Code of Conduct for programmes
and advertisements.
(3) The Councils shall monitor, at random,
all aspects of broadcasts, including the programmes’ content, quality of
standards of the transmissions of the broadcasts or cable TV stations. It shall
keep the Authority informed about the feedback and public response to the
contents, quality and impact of the programmes and advertisements broadcast or
distributed.
11. Conduct of Public hearings:-- (1) A Council, under intimation to
the Authority, may, after giving a public notice, hold public hearing on any
matter that it may deem fit.
(2) The public hearing shall be conducted by
the Commissioner or a Member so authorized by him.
(3) Any person having an interest in the
subject matter of the hearing, may seek prior permission of the Council and
participate in the hearing as a party.
(4) The conducting officer, referred to in
sub-regulation (2), shall give all parties to the public hearing equitable
opportunity to present their case.
(5) The Council may, however, restrict the
proceedings of a public hearing within practical limits
12. Duties of the Officers:-- (1) The Authority shall appoint such number
of officers and staff at the regional offices as may be expedient, to execute
the purposes of the Ordinance and the rules made thereunder, and to serve as
the Secretarial set up for the respective regional Councils. The officer
incharge of a regional office shall be the representative of the Authority and
shall perform such functions and duties as may be assigned to him, from time to
time, by the headquarters. He shall also act as Secretary to the respective
regional Council under the supervision of the Commissioner.
(2) The Authority shall appoint a
coordinating officer at its headquarters in
13. Power to summon etc:-- (1) The Councils, or an officer so
authorized, shall have powers to call any licensee and to seek his explanation
on a matter regarding the operations of his broadcast or cable TV network
station and the contents of the programmes or advertisements thereof.
(2) A Council, or as the case may be the
authorized officer, may, wherever necessary, invite the complainant or any
other person in connection with the disposal of a complaint.
(3) A Council, on receipt of a complaint,
shall take immediate action and shall dispose of the matter within a period not
more than thirty days.
14. Enforcement:-- (1) In case of illegal operation
or violation of the licence conditions by a broadcaster or cable TV operator,
the Authority may direct an officer, not below the rank of an Assistant General
Manager, to physically inspect the place from where illegal operation is being carried
out, and on confirmation, take steps for its immediate closure. The Officer
shall have the assistance of local law enforcing authorities as well as his own
force.
(2) The authorized officer may also take
recourse to law, on his own initiative, after seeking appropriate orders from
the Authority.
(3) Subject to the prior permission of the
Authority, the Officer may also take appropriate steps for the seizure of the
equipment being used for illegal operation.
15. Responsibilities of the Councils:-- (1) The Councils shall submit monthly reports
to the Authority with regard to the evaluation of the programmes,
advertisements, their contents and quality vis-a-viz the provisions of the
rules and the Code of Conduct for the broadcasters and cable TV operators
prescribed under the rules.
(2) The monthly reports, referred to in
sub-rule (1) of this rule, shall also include the number of complaints received
and disposed of by the Council.
16. Budget:-- (1) The Councils shall, in respect of each financial
year, prepare their own budgets and submit it to the Authority four months
before the commencement of every financial year for approval.
(2) The expenditure with respect to the
payment of remuneration to the Commissioner, members and employees of the
Councils will be met by the funding from the Authority;
17. Accounts and Audit.-- The Authority shall cause to be carried out
audit of the accounts of the Councils alongwith its own accounts as provided in
section 16 of the PEMRA Ordinance, 2002.
18. Annual report.-- The Councils shall compile and submit
annual report on their operations and accounts for each financial year to the
Authority within two months of the conclusion of the financial year.
19. Terms of procedure:-- The Authority may, for the sake of convenience
and the public good, amend or add to the procedure, as it may deem fit, for
disposing of the complaints by the Council.
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
The Pakistan Electronic Media
Regulatory Authority (Media Ownership and Control) Regulations, 2002
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