Pakistan Electronic Media Regulatory Authority Critical Review
1.
2. 28th Senior Management Course
(Monday, 26 October, 2020 – Friday, 29 January, 2021)
Research and Analysis Group – I
(Simulation Exercise – I)
PERFORMANCE OF REGULATORY BODIES IN PAKISTAN
(25-11-2020 To 04-12-2020)
“REGULATORY BODY FOR ELECTRONIC MEDIA (PEMRA)”
Sponsor DS: Mr Ahmad Iqbal Shah (T&C)
2nd December 2020 2
3. Members of RAG – II
3
Sr.# Name Service group Role assigned
1 Dr. Muhammad Tariq Khan Ex-Cadre (National Food
Security & Research)
Leader
2 Mr. Aijaz Ahmed Bijarani Ex-Cadre (Pak. Railways)
Deputy
Leader
3 Mr. Sarfaraz
Ex-Cadre (Meteorological
Depart.)
Member
4
Mr. Jawed Sibghatullah
Mahar
Ex-PCS Member
5
Mr. Muhammad Abdul
Aleem Qazi
Ex-Cadre (MS Wing
Establishment Division)
Member
6 Mr. Muhammad Yousuf Ex-Cadre (FBR) Member
4. Research Requirements???
(1) Performance of PEMRA? ……
Jurisdiction to impose reasonable restrictions? ……….
Interest of the religion, the integrity and national security of
Pakistan?
(2) Improvements in the standards? ……
Critically review: PEMRA Successful in achieving its objectives?
(3) Critically analyze role of PEMRA? ….
Regulating/ issuing channel licenses?
(4) Doable Suggestions/ Recommendations .…..
(Short, Medium & Long Term) / KPIs.4
7. Information Sources/ Methodology
The relevant information generated through sources:
Primary –
Visits and Meetings with Representatives of PEMRA &
Media
Brain Storming/ Group discussions
Secondary –
Secondary sources included review of literature
electronic websites and
newspapers etc.
7
8. Primary research – Meetings/ Interviews of RAG’s
Participants – concerned office bearers/ stakeholders - clear
insight of PEMRA’s role /performance
8
Zoom Meeting of the RAG Leader with Ms. Farrah Azeem Shah, Member,
PEMRA, (Balaochistan)
Information Sources/ Methodology (Contd.)
9. Mr. Jawed Sibghatullah Mahar, RAG, Member telephonic
meeting with Mr. Wakeel Khan, DG, Licensing Broadcast
Media TV/Nation, Islamabad
9
RAG Leader’s meeting with Mr. Faisal Shahjehan, Chief Editor,
Daily Jiddat, Karachi
Information Sources/ Methodology (Contd.)
10. REQUIREMENT – 1 (1/18)
Evaluate the Performance of PEMRA in
regulation of electronic media and discuss the
Jurisdiction to impose Reasonable Restrictions
in the interest of the religion, the integrity and
national security of Pakistan?
10
12. • PEMRA
• Established under an Ordinance in March 2002 to facilitate
and regulate the establishment and operations of private
broadcast media and distribution services.
• The law was enacted as an Act of the Parliament in year 2007
• State run media is exempted from PEMRA’s purview under
Section 37 (a) of PEMRA Ordinance 2002.
REQUIREMENT – 1 (Contd.) (3/18)
Source: PEMRA Annual Report 2015-18
13. REGULATORY STATUTES
• PEMRA Ordinance-2002 (Amended as PEMRAAct 2007)
• PEMRA Rules, 2009
• PEMRA (Council of Complaints) Rules, 2010
• PEMRA (Distribution Service Operations) Regulations, 2011
• PEMRA Employees Service Regulations, 2011
• PEMRA (TV Broadcast Operations) Regulations, 2012
• PEMRA (Radio Broadcast Operations) Regulations, 2012
• Electronic Media (Programmes and Advertisement) Code of Conduct,
2015
• DTH Licensing Regulations, 2016
• TAM Regulations, 2018
• Import of Electronic Media Equipment Regulations, 2018
• Teleport Licensing Regulation, 2018
REQUIREMENT – 1 (Contd.) (4/18)
Source: www.pemra.gov.pk /regulations
14. PEMRA–MANDATE
• To improve the standards – information, education , entertainment
• Enlarge the choice available to the people of Pakistan in media for
news, current affairs, religious knowledge, art, culture, science,
technology, economic development, social sector concerns, music,
sports, drama and other subjects of public & national interest
• Facilitate the devolution of responsibility and power to the grass
roots by improving the access of people to mass media at local &
community level
• Ensure accountability, transparency and good governance by
optimizing the free flow of information
REQUIREMENT – 1 (Contd.) (5/18)
Source: PEMRA Annual Report 2015-18
15. COMPOSITION OF PEMRA
Chairman
1.Ex-Officio
Members
Secretary
Information
(Mr. Akbar Hussain
Durrani)
2.Secretary Interior
(Mr. Yousaf Naseem
Khokhar)
3.Chairman PTA
(Maj. Gen. (R) Amir
Azeem Bajwa HI
(M),
4.Chairman FBR
(Mr. Javaid Ghani)
two
elcted
members
Executiv
e
Member
Mr.
Ashfak
Jumani
Members Representing
Provinces:
1. Syed Hussain Abuzar
Pirzada
(Federal Capital)
2. Ms. Farah Azeem Shah
(Balochistan)
3. Mr. Faisal Sher Jan
(Punjab)
4. Mr. Muhammad Arifeen
(Khyber Pakhtunkhwa)
5. Ms. Safia Malik
(Sindh)
REQUIREMENT – 1 (Contd.) (6/18)
Source: PEMRA Office
16. a. b. c.
FUNCTIONS OF THE AUTHORITY
Regulates;
Broadcast Media
• Satellite TV
Channels
• FM Radio
Stations
• Television
Audience
Measurement
(TAM)
Regulates;
Distribution
Services:
• Landing Rights
Permission
• Direct-To-Home
• Cable TV
Networks
• IPTV
• Mobile TV-
Audio & Video
Makes
Regulations
and
issue
Determinations
REQUIREMENT – 1 (Contd.) (7/18)
Source: PEMRA Office
21. LICENSING STATUS FOR LAST FIVEYEARS
15
25
751
5711
05
06
01 License for Teleport Service
REQUIREMENT – 1 (Contd.) (12/18)
Source: PEMRA Office
22. TIERS OF ENFORCEMENT
ADVICE
WARNING
SHOW CAUSE
NOTICE
PERSONAL
HEARING
FINE IMPOSITION
SUSPENSION OF
LICENSE
REVOCATION OF
LICENSE
REQUIREMENT – 1 (Contd.) (13/18)
Source: PEMRA Office
23. SUMMARY OF ACTIONS DURING LAST FIVE YEARS
REQUIREMENT – 1 (Contd.) (14/18)
Source: PEMRA Office
25. MONITORING SETUP
24/7 Monitoring of 250 TV Channels.
Storage up-to 6 Months
Report generation through tailor-
made software
Monitors (in a week)
Talk Shows – 689
Morning Shows – 144
Crime Shows – 34
Drama Series – 406
REQUIREMENT – 1 (Contd.) (16/18)
Source: PEMRA Office
26. PROJECT COST/ COMPLETION
Total Cost Incurred is Rs. 248.500 million
The project was completed within a span of nine
(09) months, by 1ST September 2020
REQUIREMENT – 1 (Contd.) (17/18)
Source: PEMRA Office
27. 27
PEMRA’s regulatory performance is not at all exemplary
Electronic media players usually do not adhere to the guidelines
given by the regulator whether it is the advertisement code or
code of conduct guidelines.
PEMRA’s jurisdiction regarding restrictions in the interest of
religion, national security and integrity of Pakistan are pretty
much clear from PEMRA Code of Conduct 2015
but again the incapacity and unwillingness on the part of
PEMRA coupled with collusion of media groups has
rendered PEMRA to a useless organization as far as electronic
media regulatory duties are concerned.
CONCLUSION
REQUIREMENT – 1 (Contd.) (18/18)
28. REQUIREMENT – 2 (1/11)
One of the Main Objectives of the PEMRA is to
bring about Improvements in the Standard of
information, education, and entertainment;
Critically review to what extent PEMRA has
remained successful in achieving its objectives?
28
29. REQUIREMENT – 2 (Contd.) (2/11)
Information
Provision of reliable,
verifiable, adequate and
complete information
Arranging information
for the population
29
30. REQUIREMENT – 2 (Contd.) (3/11)
Entertainment
Serve all segments of
our society
Follow our culture and
religious values.
30
33. REQUIREMENT – 2 (Contd.) (6/11)
Education
Electronic Media Powerful And Economical Tool
Great Potential In The Field Of Education
Uniform Standard Of Education
Economical For Pool Families
33
34. Critical Review - Standard of Information
Availability of variety of channels with Low standard due to
lack of updated Technology, Credibility of information,
Investigative journalism and skilled human resource
Commercially driven and sponsored based Media
Low standard Talk Shows & News – Sensationalism for better
rating
Projection of crimes and anti- social elements – bad effect in
our youth
REQUIREMENT – 2 (Contd.) (7/11)
35. Critical Review - Standard of Entertainment
PEMRA failed to promote patriotism, social norms and
Islamic values
Drama Serials not depicting our Culture
Decreasing entertainment standard despite multiple channels
Turkish serial got popularity - BBC made headline “Ertugrul:
The Turkish TV drama enthralling Pakistan”
Source: https://www.bbc.com/news/world-asia-53024479
REQUIREMENT – 2 (Contd.) (8/11)
36. No serious effort on the part of PEMRA to promote Non-
Formal Education
Media Channels in Pakistan are not fulfilling their social
responsibilities to educate common people specially in the
fields of health, education & agriculture
Rural population is being neglected
Critical Review - Standard of Education
REQUIREMENT – 2 (Contd.) (9/11)
37. Conclusion
PEMRA has largely failed in bringing improvements in the
standard of information, education and entertainment.
The said Improvement comes with improving technologies
of electronic media accompanied by appropriate regulations
by the regulator whereas PEMRA lacks in both these
dimensions.
REQUIREMENT – 2 (Contd.) (10/11)
38. Conclusion (Contd.)
Rural population of the country has not been covered
properly. PEMRA also failed to promote Patriotism, social
norms and Islamic values in our society and has been unable
to monitor and control powerful electronic media working
just for commercial purposes.
REQUIREMENT – 2 (Contd.) (11/11)
39. REQUIREMENT – 3 (1/11)
Critically analyze the Role of PEMRA in
regulating and Issuing Channel Licenses for
establishment of the mass-media culture and
electronic media.
39
40. REQUIREMENT – 3 (Contd). (2/11)
Mass media is The means of communication that reach large
number of people in a short time, such as television,
newspapers, magazines, and radio.
Media termed as the fourth pillar of the democratic setup
Watchdog to other three pillars
Shapes the public opinions
Media may take undue advantage of its dominant role
An efficient and effective regulatory body is required to control
the media.
40
Source: https://www.dictionary.com/browse/mass-media
https://dailytimes.com.pk/230501/pemra-is-neglecting-its-role-as-watchdog
41. REQUIREMENT – 3 (Contd). (3/11)
For effective monitoring of electronic media, the PEMRA has
formulated rules, regulations and code of ethics for licensing
and functioning of Satellite TV, Cable TV distribution, FM
Radio and other electronic media technologies.
Regulations are meant to safeguard National Ideology,
National Heritage, Socio-cultural norms, ensuring a level
playing field to all stakeholders, plurality and diversity and
discouraging monopolistic trends.
41
Regulations
42. Licenses Issued by PEMRA
STV 101
News and Current Affairs 26
Entertainment 37
Regional Language 18
Specialized Subject 04
Health 01
Sports 01
Agriculture 01
FM Radio 256
Source: www.pemra.gov.pk/licensing
4
11
1 3
18
30
17
5
0 0 2 0 0 0 0
5
2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018
NoofLicenses
Time-Year
STV Licenses Issued through 2003-2018
REQUIREMENT – 3 (Contd). (4/11)
43. Issues & Challenges
Central objective of PEMRA is to provide an enabling
environment for the promotion of an independent and
free media
Lack of autonomy and independence of the regulatory
authority,
Trust deficit between the licensees and PEMRA,
Ambiguity in government policies towards the
regulator
Hampers the capacity of the authority to promote an
enabling environment for the development of a vibrant
media.
REQUIREMENT – 3 (Contd). (5/11)
44. Issues & Challenges (contd.)
PEMRA facilitated rapid growth of electronic media in Pakistan,
however, it has failed to promote local and diverse media as its
policies supported diagonal integration and led to concentration
of ownership.
Most of the licenses were granted to large media like
Independent Media Corporation, Herald Publications, ARY
Group, Waqt Group, and Lakson Group, and as such
disregarded the three core categories of diversity.
REQUIREMENT – 3 (Contd). (6/11)
45. Analysis
Advertising earnings are the same between print media and the TV
industry in Pakistan
TV channels earn advertising revenue almost entirely from large
multinational corporations whose products and services invariably
promote a consumer-oriented urban culture
54% of advertising revenue is reserved for media groups with
concentrated ownership
Promotes products and services for the upper middle classes also
concentrated in big cities.
Source: Farooq M., & Mahmood, T., WTO regulations and the audio-visual sector: An
analytical framework for Pakistan.” The Pakistan Development Review, 42, no.4, 587604
(2003).
REQUIREMENT – 3 (Contd). (7/11)
46. Analysis (contd.)
PEMRA facilitated rapid growth of electronic media in Pakistan,
however, it has failed to promote local and diverse media
Its policies supported diagonal integration and led to concentration
of ownership and disregarded the three core categories of diversity
.
Most of the licenses were granted to large media groups like
Independent Media Corporation,
Herald Publications,
ARY Group, Waqt Group, and
Lakson Group
1. Gul, M., Obaid, Z. & Ali, S. “Liberalization of Media in Pakistan: A Challenge to Democracy.” JHSS. XXV (1) (2017).
2. Rasul, Azmat; McDowell, Stephen D. “Regulation and media monopoly: A case study of broadcast regulation in
Pakistan.” 8th Asia-Pacific Regional Conference of the International Telecommunications Society (ITS): "Convergence in
the Digital Age", Taipei, Taiwan, 26th-28th June, 2011, International Telecommunications Society (ITS), Calgary (2011)
REQUIREMENT – 3 (Contd). (8/11)
47. Analysis (contd.)
Regulatory mechanism seems more to control the media than
developing a participatory and diverse media
PEMRA’s ineffectiveness is due to the control of bureaucracy,
The organization could not control the corporate manipulation,
profit-mongering, pure commercialism-oriented approach,
concentration of ownership, and cartelization
This resulted in weakening of democratic institutions and
pluralism in the country
REQUIREMENT – 3 (Contd). (9/11)
48. Analysis (contd.)
The Government has linked PEMRA with the Ministry of
Information and Broadcasting (MOI) in 2007.
Federal Secretary of Information is also a PEMRA board
member
Being under complete control of MOI is questioning its
independent and autonomous status.
REQUIREMENT – 3 (Contd). (10/11)
49. Conclusion
PEMRA has largely failed in implementation of its regulations on media
houses in restraining them from airing unauthenticated, unverified and
scandalous content.
licenses are issued without conducting a market study or need analysis and
promoting diverse media buildup.
There are dozens of news channels although license fee being higher than
entertainment channel.
Every business group has acquired a News Channel license in order to protect
that group’s other businesses by means of blackmailing and other tactics.
PEMRA was unable to come up with regulatory measures to prevent these
groups from obtaining these licenses.
REQUIREMENT – 3 (Contd). (11/11)
50. REQUIREMENT – 4 (1/10)
On the basis of above Analysis, RAG are
required to come up with Doable
Suggestions/Recommendations (Short, Medium
& Long Term) along with KPIs.
50
51. S
No.
Recommendation /
Suggestion
Ministry /
Division /
Deptt.
/Inst./Org
H.R
Required
Financial
Implicatio
ns
Time
Frame
Outcome /
Impact
1
Effective
implementation
of laws/ rules/
regulations/ code
of conduct to
ensure drama as
our cultural and
religious norms.
PEMRA Existing No 6
month
s
Cultural,
Religious &
Patriotic
nourishment
of Society;
51
REQUIREMENT – 4 (Contd.) (2/10)
SHORT TERM (1/3)
RECOMMENDATIONS (SHORT, MEDIUM & LONG)/ KPIs
52. S
No.
Recommendati
on / Suggestion
Ministry /
Division /
Deptt.
/Inst./Org
H.R
Require
d
Financia
l
Implicati
ons
Time
Frame
Outcome /
Impact
2
Strict
adherence to
principles of
fairness and
equity in
issuance of
licenses.
Ministry of
Information;
PEMRA
Existing No 12
month
s
Competitive/
Merit based
Media
52
REQUIREMENT – 4 (Contd.) (3/10)
SHORT TERM (2/3)
53. S No.
Recommendation
/ Suggestion
Ministry /
Division /
Deptt.
/Inst./Org
H.R
Required
Financial
Implications
Time
Frame
Outcome /
Impact
3
Policy to ensure
adherence to
defamation
laws and
restricting
airing of
unethical
material.
PEMRA;
Media
Houses;
Cable
Operators;
Existing No 12
months
Authenticity
of News;
Discourageme
nt of
Malpractices/
Blackmailing/
Sensationalism
53
REQUIREMENT – 4 (Contd.) (4/10)
SHORT TERM (3/3)
54. S
No.
Recommendation /
Suggestion
Ministry /
Division /
Deptt.
/Inst./Org
H.R
Required
Financial
Implicatio
ns
Time
Frame
Outcome /
Impact
1
Promote growth of
diverse media by
addressing local and
community-
broadcasting
systems for
educating rural
population in the
fields of health,
agriculture, history,
religion, current
issues, and tourism.
PEMRA;
Media Sector;
25
personnel
for each
Regional
Office
(One in a
Year)
Rs. 30
Million/Ye
ar per
Regional
Office
(PEMRA)
3 Years More regional
coverage/
Monitoring
54
REQUIREMENT – 4 (Contd.) (5/10)
MIDIUM TERM (1/3)
55. S
No.
Recommendation
/ Suggestion
Ministry /
Division /
Deptt.
/Inst./Org
H.R
Required
Financial
Implicatio
ns
Time
Frame
Outcome /
Impact
2
Promoting
Investigative
Journalism
through
scholarships/
Workshops/
Seminars
Federal/
Provincial
Government;
HEC;
PEMRA
Media Sector
Existing Available
Resource
3
Years
Enhanced
Capacity;
Professional
Journalism;
55
REQUIREMENT – 4 (Contd.) (6/10)
MIDIUM TERM (2/3)
56. S
No.
Recommendation
/ Suggestion
Ministry /
Division /
Deptt.
/Inst./Org
H.R
Required
Financial
Implicatio
ns
Time
Frame
Outcome /
Impact
3
Amendment in
PEMRA’s Act
for constitution
of PEMRA
Board to make
it more
independent
regulatory
authority.
Federal
Government/
Ministry of
Information
Existing Available
Resource
2
Years
More
Autonomous/
Independent
Regulatory
Authority;
Right of
Expression
56
REQUIREMENT – 4 (Contd.) (7/10)
MIDIUM TERM (3/3)
57. S
No.
Recommendation
/ Suggestion
Ministry /
Division /
Deptt.
/Inst./Org
H.R
Required
Financial
Implicatio
ns
Time
Frame
Outcome /
Impact
1
Induction of
Updated
Technology and
Revised
Curricula.
PEMRA;
HEC;
Media
Houses
Existing Available
Resource
with
PEMRA,
Media
Houses
5
Years
Professionalism
;
Technological
advancement;
Compliance to
International
Standards;
57
REQUIREMENT – 4 (Contd.) (8/10)
LONG TERM (1/3)
58. S
No.
Recommendation
/ Suggestion
Ministry /
Division /
Deptt.
/Inst./Org
H.R
Required
Financial
Implicatio
ns
Time
Frame
Outcome /
Impact
2
Establishment
of an
empowered
Communication
Commission
Federal
Government;
Ministry of
Information;
Existing Available
Resource
5
Years
Autonomy in
decisions;
Prompt
disposals;
58
REQUIREMENT – 4 (Contd.) (9/10)
LONG TERM (2/3)
59. S
No.
Recommendation
/ Suggestion
Ministry /
Division /
Deptt.
/Inst./Org
H.R
Required
Financial
Implicatio
ns
Time
Frame
Outcome /
Impact
3
To overcome 5th
Generation
War (Hybrid
War)
challenges.
Federal
Government;
Ministry of
Information;
PEMRA;
PTA;
LEAs
Existing Available
Resource
5
Years
Effectively
Counter
Future
Threats to
National
Security;
59
REQUIREMENT – 4 (Contd.) (10/10)
LONG TERM (3/3)
60. Bibliography
Annual Report 2015-18. (https://pemra.gov.pk/uploads/pub-rep/annual_report_2015-
18/FLASH/index.html)
Farooq, M., & Mahmood, T. “WTO regulations and the audio-visual sector: An analytical
framework for Pakistan.” The Pakistan Development Review, 42, no.4, 587604 (2003).
Retrieved from http://pide.org.pk/pdr/index.php/pdr/article/viewFile/1971/1944.
Gul, M., Obaid, Z. & Ali, S. “Liberalization of Media in Pakistan: A Challenge to
Democracy.” JHSS. XXV (1) (2017).
Interview (on telephone) with Mr. Rumesh Kumar and his Colleague, DGMs-PEMRA, on
PEMRA’s performance and COC, Karachi 27 Nov. 2020.
PEMRA Ordinance, (https://pemra.gov.pk/mandate.php) (2002).
PEMRA Amendment Act, (2007).
Rasul, Azmat, and Jennifer M. Proffitt. "Diversity or homogeny: concentration of
ownership and media diversity in Pakistan." Asian Journal of Communication 23, no. 6
590-604 (2013).
Rasul, Azmat; McDowell, Stephen D. “Regulation and media monopoly: A case study of
broadcast regulation in Pakistan.” 8th Asia-Pacific Regional Conference of the
International Telecommunications Society (ITS): "Convergence in the Digital Age",
Taipei, Taiwan, 26th-28th June, 2011, International Telecommunications Society (ITS),
Calgary (2011). 60