Supreme Court declares PEMRA Chairman cannot be given powers to suspend broadcast licenses

Supreme Court of Pakistan Thursday dismissed a Pakitan Electronic Media Authority (PEMRA) appeal and uphold the declaration that the delegation of the power to suspend by Chairman PEMRA without framing of rules structuring this discretion is illegal, reported 24NewsHD TV channel.

PEMRA in its 156th Meeting dated 24.05.2020 had conferred the Authority’s power to suspend the broadcast licenses of any channel on any violation of the PEMRA laws to the Chairman PEMRA, who was given the sole authority to decide the issue of suspension.

In pursuant to this delegation the Chairman PEMRA had arbitrarily suspended the broadcast licenses of various channels.

Pakistan Broadcasters Association had challenged this delegation of the power to suspend to Chairman PEMRA before the Sindh High Court.

A Division Bench, headed by Justice Muhammad Ali Mazhar, through Judgment dated: 13.08.2021, had declared this delegation of suspension of broadcast licenses to Chairman PEMRA as illegal and directed that unless rules are framed structuring this delegated discretion, no such delegation to Chairman PEMRA can take place.

PEMRA filed an Appeal before the Honourable Supreme Court against the aforementioned Judgment of the Sindh High Court. This Appeal came up for hearing before a three Member Bench of the Supreme Court, headed by Justice Ijaz ul Ahsan and also comprising of Justice Munib Akhtar and Justice Sayyed Mazhar Ali Akbar Naqvi.

The counsel for PEMRA argued that this delegation of suspension to Chairman PEMRA as the sole decision maker regarding suspension is completely legal and there is no need to structure this power conferred on the Chairman PEMRA. During the hearing, Justice Mazhar Ali Akbar Naqvi said If this is allowed then this will lead to an autocracy of the Chairman PEMRA, and the collective wisdom of the PEMRA Authority will be destroyed.

Justice Munib Akhtar said if such unfettered delegation is allowed then tomorrow PEMRA can delegate the power to dismiss any of its employees to anyone, even outsiders. There has to be a structuring of the discretion to suspend otherwise it might severely damage the fundamental right of freedom of speech under Article 19 of the Constitution.

Justice Munib said the power to suspend is such a drastic power affecting broadcast licensees that it cannot be delegated to anyone without structuring this discretionary delegation through the framing of rules.

Justice Ijaz ul Ahsan said it is not understandable as to why PEMRA has not been able to frame rules for delegation for the last 20 years. Even over a year has passed since the Judgment of the High Court, still, PEMRA has not framed any rules to structure these discretionary powers.

Faisal Siddiqi counsel for PBA further argued that if this is allowed this will lead to the dictatorship of the PEMRA Chairman as suspending a broadcast license even for a short while can destroy the business of the news channel and will lead to its closure.

After hearing all the parties, the Supreme Court was pleased to dismiss the PEMRA Appeal and uphold the declaration that the delegation of the power to suspend by Chairman PEMRA without framing of rules structuring this discretion is illegal.