30/2013 M.A. INDEPENDENT MEDIA CORPORATION (PVT) LTD (Appellant) V/S PAKISTAN ELECTRONIC REGULATORY AUTHORITY (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Nazar Akbar
Order Date: 24-MAY-18
Pakistan Electronic Media Regulatory Authority Ordinance (II of 2002)--- ----S. 29(6)---Anti-Terrorism Act (XXVII of 1997), S. 11W---Printing, publishing, or disseminating any material to incite hatred or giving projection to any person convicted for a terrorist act or any banned organization or an organization placed under observation or anyone concerned in terrorism---Show-cause notice---Show-cause notice was issued to a Media Corporation by the Pakistan Electronic Media Regulatory Authority (PEMRA), for airing message of leader of a banned organization in which he had declared that democracy was kufr---Show-cause notice, had categorically stated that all the News and Satellite TV channels including the appellant were directed not to air the statement of any of the banned organizations---Appellant filed reply to the show-cause notice and tried to justify airing of such statement of the leader of banned organization on various grounds---Pakistan Electronic Media Regulatory Authority (PEMRA), in its meeting, examined reply of show-cause notice from the appellant and after detailed deliberations it was unanimously decided that appellant had committed wilful violation of various provisions of the Ordinance, and S. 11W of the Anti-Terrorism Act, 1997, and imposed fine---Validity---Reply to the show-cause notice showed that appellant aired the message of the leader of banned organization on the ground that the militant/anti state organizations had threatened the journalists, reporters and anchorpersons for giving them proper coverage and to broadcast/air/publish their statements on the national media---Apparently, reply to show-cause notice was the only compelling reason for airing the interview of leader of banned organisation---Appellant, in circumstances, seemed to have obliged the banned organization to avoid the threat and if that was the case, the appellant had no moral justification to continue in the noble business of journalism both in print and electronic media---Alleged act of the appellant was not short of aiding and abetting of the terrorists and failure to legally justify, it would attract the provisions of S. 11W of the Anti-Terrorism Act, 1997---Appeal was dismissed, in circumstancesFull judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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