Dawn of a new era in Pakistan

The month of March this year may be considered a turning point in the judicial history of Pakistan, but more so it will be remembered for manifestation of the powerful role played by the media, both print and electronic, as a responsible institution of Pakistani society. This was the month when for the first time in Pakistan’s history media proved that it has finally matured fully to stand up and be counted amongst the basic national institutions of the country.

It is argued that tinkering in the matters relating to judiciary by the executive did not start suddenly on 9th of March. There has been a long history when judges of higher judiciary had been removed summarily, sometimes unceremoniously, by the executive authorities because of their relatively independent disposition, without much notice taken by the civil society. It was only a few years back that a batch of judges, including the chief justice of Supreme Court, were not “invited” to take a new oath of office, practically sending them off to their homes, without much reaction from the civil society.

This time it was different because the media was able to convey through news stories and comments the consequences of a ‘dependent’ judiciary to common man in general and to the legal fraternity in particular. In this episode of national history, the role of electronic media, especially that of private satellite television channels originating from Pakistan, was the most important. May 12 will be considered as a dawn of a new era in Pakistan’s electronic media history, when its correspondents and cameramen put their lives in danger in Karachi to cover war-like conditions, quite independent of threats and calls of intimidation, either from the government or the political groups famous for their resort to means of violence.

The electronic media has not reached to present place over night or without any resistance. The state apparatus had started tinkering with the idea of regulating the satellite and cable sector much earlier, in mid 1990s. However, the first effort came in form of the Electronic Media Regulatory Authority (EMRA) Ordinance, promulgated by President Farooq Ahmed Khan Laghari in February 1997, during a caretaker set up in the country, few months after dismissal of a political government and just before new elections.

This ordinance brought the function of awarding licenses for electronic broadcasting under the state’s purview through formation of a new state regulated authority. The stated objective of the Ordinance was to “enlarge the choice available to the people of Pakistan in the media for news, current affairs, religious knowledge, art, culture, science, technology, economic development, social sector concerns, music, sports, drama and other subjects of public and national interest.”

Next move on part of the government came three years later in 2000 when Pakistan Telecommunication Authority (PTA) was given the responsibility to issue licenses and regulate the sector. The PTA framed ‘Cable Television Regulations 2000’, wherein the operation of cable TV networks was subjected to issuance of license from PTA on payment of a prescribed fees as well as the aspirant operator’s holding ‘right’ credentials. The PTA made it clear that the “operator would not telecast the programme that contain immoral material.” It further bound the licensees “to show sensitivity and respect to all ethnic groups and minorities.”

Fearing non-compliance of the instructions on part of cable operators, the PTA also formed monitoring committees on national as well as regional basis. The Director General PTA stated in a communiqué in August 2000 that “there is a possibility of contravening these provisions by Cable TV Operators. Keeping in view this possibility, it has been provided in the Rules and Regulations that Central and Regional Committees would be setup to monitor the cable TV operation with respect to quality of transmitted signal, contents of the broadcast… complaints of customers etc.”

This step on part of government could not deliver desired results, as PTA’s scope of operations was too broad with primary focus on the telecommunication function. In view of this President Pervez Musharraf established, on 1st March 2002, Pakistan Media Regulatory Authority (PEMRA), through an ordinance. This Ordinance vested the Authority with the power to regulate the establishment and operation of all broadcast and cable television stations in Pakistan. It said that the “Authority shall be responsible for regulating the establishment and operation of all broadcast and CTV station in Pakistan established for the purpose of international, provincial, district, location or special target audiences.”

Under the present rules, the issuance of license, either to establish a broadcasting station or a cable operation center, is subject to the clearance of the Ministry of Interior, which checks the ‘credentials’ of the applicants. As official publication of PEMRA states that “only the security cleared applicants are therefore awarded the license to broadcast after the fulfillment of all other requisite conditions.” So when it comes to award a license to establish a satellite television channel in the county, the state through PEMRA and other related agencies have sufficient power to deny or delay it. Even when a license is issued it could be suspended.

In addition to that the state as well as the vested interest groups can fully exploit the dependence of satellite television channels through ‘cable system’ that requires access to utility poles to lay their cables. The government agencies authorized to allow or otherwise the usage of these poles have a definite influence over the cable operators. Then the local cable operators frequently face hooliganism at the hands of political and religious extremist groups who do not like showing of views contrary to their beliefs. The intimidation techniques adopted by most of these groups range from physical violence to cutting and damaging of their cable network.

This is in addition to that the government can through its law enforcing machinery weed out anytime what is undesirable. And this is not only true for Pakistan but for India also: David Page and William Crawley have quoted a cable operator of Mumbai saying that “the argument that international broadcasters can beam whatever they want into India is not strictly speaking true. For instance, the police commissioner may order us to shut down BBC, and we will be obliged to do so.” Even under normal circumstances the poor cable operators have to deal with petty police officials who keep on extracting their pound of flesh on one pretext or the other.

Despite of these risks and dangers, the demand on part of general public for satellite channels have made cable television operators bold enough to bear the brunt of government and powerful groups and the sector as one of the fastest growing sector. An official publication of the Pakistan Electronic Media Regulatory Authority (PEMRA) admits this stating that cable television sector “is the fast growing segment among the electronic media venture” with an investment in this segment “over Rs. 7.28 billion” in 2003. Same publication puts the annual growth rate in this sector at 132%.

Looking at the role played by electronic media during the present judicial crisis, despite of the fetters tied to its feet, one cannot help but to observe that media in Pakistan has come of a age and could not be restrained by other powerful players in the affairs of the state for a long time to come.