Pemra must take strict action on airing of sub-judice matters: SC

islamabad — The Supreme Court has directed the Pakistan Electronic Media Regulatory Authority (Pemra) to take strict action against TV channels discussing sub-judice matters in their talk shows in future.

A three-judge bench, headed by Chief Justice Mian Saqib Nisar and comprising Justice Umer Ata Bandial and Justice Ijazul Ahsan, announced the judgment in a suo motu case regarding discussion in a TV talk show hosted by Arshad Sharif, anchorperson with regard to a subjudice matter.

The Supreme Court directed TV channels to constitute impartial and competent in-house monitoring committees to ensure compliance with the code of conduct.

The apex court stated: “We issue a writ of mandamus to Pemra to ensure that the parameters laid down in the law and the code of conduct are adhered to in letter and spirit and that no violations thereof shall be tolerated by Pemra.”

The judgment stated that the code of conduct ensures that the freedom of speech and the right to information (Articles 19 and 19A of the Constitution) are protected, and at the same time provide that the discussion of sub-judice matters must be conducted in a manner which does not negatively affect another person’s fundamental right to be dealt with in accordance with the law (Article 4 of the Constitution) and the right to fair trial and due process (Article 10A of the Constitution). “All licensees should be sent a notice/reminder of their basic ethics and objectives, standards and obligations under the Code of Conduct, particularly Clause 4(10) thereof, in that, editorial oversight should be observed prior to airing of all programmes and any programme, the subject or content of which is found or deemed to be in violation of the Code of Conduct in its true letter and spirit, should not be aired by the licensee,” the apex court ruled.

It stated that any discussion on a matter which is sub-judice may be aired but only to the extent that it is to provide information to the public which is objective in nature and not subjective, and no content, including commentary, opinions or suggestions about the potential fate of such matter which tends to prejudice the determination by a court, tribunal, etc., shall be aired. —

TV channels should constitute impartial and competent in-house monitoring committees to ensure compliance with the code of conduct

Supreme Court of Pakistan