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Piracy, pornography on cable to be eradicated in Pakistan

April 7, 2005

Islamabad - Prime Minister Shaukat Aziz government is serious in resolving the issues of piracy and pornography and in providing healthy entertainment to people.

The standing committee of the National Assembly, it is learnt, has unanimously recommended that the Pakistan Electronic Media Regulatory Authority (Pemra) Ordinance, 2002 should be amended in such a way that it should be made more effective and public friendly.

The federal cabinet under the chairmanship of Prime Minister Shaukat Aziz will discuss the proposed amendments in the ordinance and approve them accordingly. After approval, the Pemra Ordinance with the proposed changes would be tabled in the Parliament in its coming session.

Chairman Pemra, Iftkhar Rashid has categorically emphasized that decency in the electronic media, specifically in cable operation must be enforced at all costs. Recently the new chairman Pemra and his team have started action against illegal cable operation quite effectively.

It is hoped that the recommendations of the standing committee of the national assembly in the Pemra Ordinance, 2002, will bring sanctity and decency especially in the cable operation. A lot has been done but still a lot can be done. This decision of the lower house committee would go a long way towards the implementation of the Prime Minister Shaukat Aziz's directive.

Two amendments have been envisaged in the section 19, Ordinance XIII of 2002. In section 18 sub section (a) (i) the following shall be substituted, namely:

(1) The Authority shall have exclusive right to issue licenses for the establishment and operation of all broadcast media including distribution of local and foreign channels.

(5) The Authority shall devise a Code of Conduct for programmes and advertisements for compliance by the licensees.

Substitution of section 27, Ordinance XIII of 2002: - In the said Ordinance, for section 27, the following shall be substituted, namely: -

27: Prohibition of broadcast media operation: -The Authority shall by order in writing and by giving reasons thereof, prohibit any broadcast media operator from-

(a): broadcasting or re-broadcasting or distributing any programme or advertisement if it is of the opinion that such particular programme or advertisement is against the ideology of Pakistan or is likely to create hatred among the people or is prejudicial to the maintenance of law and order or is likely to disturb peace and tranquility or endangers national security or is pornographic, obscene or vulgar or is offensive to the commonly accepted standards of decency, and

(b): engaging in any practice or act which amounts to abuse of media power by way of harming the legitimate interests of another licensee or wilfully causing damage to any other person.

Amendment of section 29, Ordinance this sub section would be included.

(5): The Chairman may authorize an officer of the Authority not below the rank of Assistant General Manager, to seize the broadcast or distribution system equipment of a licensee or any other equipment which is use in the broadcast or distribution of a programme which has been prohibited by the Authority or which is in use for illegal operation, or close down and seal the premises where an illegal operation is being carried out, if it is impracticable to seize the equipment

Insertion of section 29-A

29-A: Dues to be recovered as arrears of land revenue: - All dues including outstanding license fee, annual renewal fee or any other charges including fine as imposed by the Authority shall be recoverable as arrears of land revenue.

Amendment of section 33,Ordinance XIII of 2002:-In the said ordinance in section 33 a new sub section 4 shall be added

(4) Whosever damages, removes, tampers with or commits theft of any equipment of a broadcast media station licensed by the Authority, including transmitting of broadcasting apparatus, receivers, boosters, converters, distributors, antennae, wires decoders, set-top boxes or multiplexes shall be guilty of an offence punishable with imprisonment which may extend to three years, or with fine, or both.

Insertion of sections 33a and 33b, Ordinance XIII of 2002: -In the said Ordinance, after section 33, the following new sections shall be inserted, namely: -

33-A: Officers of Federal, Provincial and Local Governments to assist Authority: - The officers of Federal, Provincial and Local Governments shall assist the Authority and its officers in the discharge of their functions under the provisions of the Ordinance and the rules and regulations made there under.

33-B: Warrants for search: - (1) Where on information furnished by the Authority, the Court has reason to believe that any unlicensed broadcast media station is being owned, controlled or operated or any equipment of an unlicensed broadcast media station is being kept or concealed, it may issue a search warrant and the person to whom such warrant if directed, may enter the premises where such unlicensed station is kept or used for provision of unlicensed broadcast media or cable TV service, carry out search, and inspection thereof and seize or any equipment of such station.

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