SC declares PEMRA chief cannot be given sole, unfettered power to suspend broadcast licences

The Supreme Court of Pakistan on Thursday dismissed an appeal lodged by the Pakistan Electronic Media Regulatory Authority (PEMRA) and upheld the Sindh High Court declaration that the delegation of the power to suspend broadcast licences by PEMRA chairman without framing of rules structuring is illegal.

In 2020, PEMRA had conferred the power to suspend the broadcast licenses of any channel on any violation of PEMRA laws to its chairman, who was given the sole authority to decide the issue of suspension.

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In pursuant to this delegation, the PEMRA chairman had arbitrarily suspended the broadcast licenses of various channels, said a statement.

The Pakistan Broadcasters Association (PBA) had challenged this delegation of the power before the Sindh High Court.

A division bench, headed by Justice Muhammad Ali Mazhar, had declared the delegation of power illegal and directed that unless rules are framed for such structuring, delegation to chairman PEMRA cannot take place.

In response, PEMRA filed an appeal before the apex court against the judgment of the Sindh High Court.

This appeal was heard by a three-member bench of the Supreme Court, headed by Justice Ijaz ul Ahsan, and comprising Justice Munib Akhtar and Justice Sayyed Mazhar Ali Akbar Naqvi, on Thursday

The counsel for PEMRA argued that the delegation of power was completely legal and there was no need to restructure it.

During the hearing, Justice Mazhar Ali Akbar Naqvi said: “If this is allowed, then it will lead to an autocracy of the PEMRA chairman and the authority will be destroyed.”

Justice Munib Akhtar stressed on the need for structuring of the discretion, saying that “it could severely damage the fundamental right of freedom of speech under Article 19 of the Constitution.”

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.”

More than a year has passed since the judgment of the High Court and PEMRA still has not framed any rules to structure these discretionary powers, he said.

Counsel for PBA, Faisal Siddiqi, argued that “if this delegation of power is allowed, it will lead to the dictatorship of the PEMRA chairman because suspending a broadcast license even for a short while can destroy the business of the news channels and lead to their closure”.

The Supreme Court then dismissed the PEMRA appeal and upheld the declaration that the delegation of the power to suspend by Chairman PEMRA without framing of rules structuring this discretion is illegal, the statement added.