Media outlets, intelligentsia should help evolve regulations and guidelines: Chairman Pemra

BR Research: How does the state of media regulations compare to international trends and standards? Dr Abdul Jabbar: The world is moving towards convergence of technologies.
The provision of voice, video and data services is converging to a single platform. So the regulatory authorities charged with the responsibility of overseeing these platforms must be adept in technical as well as financial and other aspects of these platforms. So far in Pakistan, we have not moved towards convergence in terms of the regulatory body. Here, we have PEMRA for electronic media, PTA for the telecommunications sector and then there is the Frequency Allocation Board which also works separately. There is a need for the development of a triple play regulatory body in Pakistan as well.
BRR: How are prices of transmission or broadcast licenses determined by PEMRA?
AJ: These rates are determined by the state of competition in the market. We have set base prices for television and radio licenses, but bids are generally much higher than the base prices specified. A recent bid for an FM radio channel in Karachi fetched Rs 30 million. News channels pay about Rs 5 million to be able to air their transmission across the globe.
But, let me point out if there are any applications for an educational channel, PEMRA will do its utmost to facilitate such an effort and the licensing fee would also be lower than that charged to news channels. Then there are also other expenses entailed in the establishment and running of television channels. They have to spend on hardware and on human resources. Then there is the cost of uplink via satellite. Previously PakSat-1 cost about $7,000-8,000 per month, but now those rates have gone up to about $20,000-25,000. This cost also depends on the quality of the signal that is required by the channel.
BRR: How does PEMRA fit into the legal framework that various media outlets are subjected to?
AJ: The Federal Government enacts legislation which is then used to formulate rules by the same. The respective regulatory authority uses these rules to formulate its own regulations. The board also carries out regular reviews and offers guidelines in line with changing industry dynamics. Although there is an act through which PEMRA has been created; there is no policy such as the Telecom Policy or Health Policy. PEMRA has repeated requests for such a policy to the Information Ministry from time to time.
Formulating policies is the responsibility of the Federal Government. Our job is the implementation of these policies. We routinely issue notices against channels that broadcast unsubstantiated or incorrect news, however, in most cases they go to court and obtain stay orders. Such stay orders should not be given as we are already following due course as defined by PEMRA Law.
For instance, we have defined that television channels should include 12-15 minutes of advertising in every hour of programming. This regulation is in line with international practices. But, some channels run infomercials and other paid contents for much longer durations.
In one such recent case, PEMRA sent a notice to the relevant channel, after which it was fined Rs 1 million. But that channel secured a stay order against the fine from court although the court order also states that they cannot conduct illegal practices. Now, we are issuing further notices to the same channel, telling it to either seize this practice within 24 hours or face closure.
There are at present more than one hundred cases pending in High Courts and the Supreme Court. In these cases, we have requested early dates for the resolution.
BRR: In your opinion, how can be broad guidelines developed for ethical media practices without stifling the freedom of expression?
AJ: We already have a code of conduct which is annexed with the license. So, when a license is issued, its recipient signs an agreement that includes this code. Broadly speaking, media outlets agree that they will not broadcast anti-state propaganda, not malign the Judiciary, will avoid obscenity and provide programming in line with our norms and values.
Beyond this the media outlets have to set up in-house monitoring cells that assure that their content upholds this code of conduct, however, unfortunately, the media outlets have been very slow in implementing such oversight themselves.
PEMRA and media outlets are both responsible for ensuring that the content being aired on our channels is not detrimental for our society. The third factor is the people watching. We have set up a complaint hotline where people can call in and register any feedback regarding media content.
On an average we receive between 30 and 50 complaints per day and these are followed up regularly by our staff. There are relatively more complaints regarding television content as compared to radio content.
BRR: What is the nature of these complaints?
AJ: Many people criticise obscenity in programmes, both in terms of language and other content. Many people are also irked by Indian programming as they want channels to use more local content. Then there are complaints about factual inaccuracies in news reports or about the attitude of certain TV anchors and presenters. The hotline also receives public complaints regarding the signal strength and general conduct of cable operators.
Regulators are generally not liked, because of the nature of their work. But the complaints that we receive from the general public validate our stance and add the necessary popular support that can be instrumental in influencing the behaviour and responses of media outlets.
BRR: In other countries, there is a lot of pay-per-view content or subscription based content. Is there any progress along these lines in Pakistan?
AJ: That is one of the main reasons behind our push to switch from analog systems to digital systems. After digitisation we can start providing direct-to-home services using content management systems. Other services such pay-per-view and parental controls will all be ushered in through digitisation.
We also have to work out interconnection agreements between broadcasters and cable operators so that disputes over revenue generation and sharing can be meted out. But this has to be agreed upon by those parties, the regulator can only provide a platform where negotiations and consultations can take place. We can give suggestions to the stakeholders but PEMRA will not enforce anything on this front.
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