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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
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
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
Sequence
 Sources of Information/ Methodology
 Limitations
 Specific requirements/ Questions
 Requirement No. 1 – PEMRA Performance
 Requirement No. 2 – Critical Analysis
 Requirement No. 3 – PEMRA Licensing
 Requirement No. 4 – Recommendations/ KPIs
 Bibliography
 Q&A
5
Limitations
 COVID – 19
 SOPs Follow up
 Virtual Sessions
 Internet Issues
6
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
 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.)
 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.)
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
PakistanElectronicMediaRegulatoryAuthority
REQUIREMENT – 1 (Contd.) (2/18)
• 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
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
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
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
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
OUTREACH OF PEMRA
Peshaw
ar
Quetta
Karachi
Hyderaba
d
Sukkur
Lahore
Gilgit
Islamabad
/
Rawalpindi
Gujranwa
la
Sargod
ha
Multan
Faisalab
ad
Head
Quarter
s
Headquarters
Regional
Offices 12
Sub-Office 01
REQUIREMENT – 1 (Contd.) (8/18)
Source: PEMRA Office
Officers
123
Officials
472
Total
Strength
595
MANPOWER
REQUIREMENT – 1 (Contd.) (9/18)
Source: PEMRA Office
BUDGET 2020-2021
Revenue
2,904.313
Expenditure
2,818.999
In Million
REQUIREMENT – 1 (Contd.) (10/18)
Source: PEMRA Office
CURRENT LICENSING STATUS
101
42
4026
25611
05
06
01 License for Teleport Service
REQUIREMENT – 1 (Contd.) (11/18)
Source: PEMRA Office
LICENSING STATUS FOR LAST FIVEYEARS
15
25
751
5711
05
06
01 License for Teleport Service
REQUIREMENT – 1 (Contd.) (12/18)
Source: PEMRA Office
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
SUMMARY OF ACTIONS DURING LAST FIVE YEARS
REQUIREMENT – 1 (Contd.) (14/18)
Source: PEMRA Office
Court Cases
24
REQUIREMENT – 1 (Contd.) (15/18)
Source: PEMRA Office
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
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
 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)
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
REQUIREMENT – 2 (Contd.) (2/11)
 Information
 Provision of reliable,
verifiable, adequate and
complete information
 Arranging information
for the population
29
REQUIREMENT – 2 (Contd.) (3/11)
 Entertainment
 Serve all segments of
our society
 Follow our culture and
religious values.
30
31Source: ….
REQUIREMENT – 2 (Contd.) (4/11)
Critical Review
32Source: ….
REQUIREMENT – 2 (Contd.) (5/11)
Critical Review
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
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)
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)
 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)
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)
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)
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
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
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
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)
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)
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)
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)
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)
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)
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)
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)
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
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
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)
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)
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)
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)
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)
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)
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)
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)
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
Bibliography (Contd.)
 https://www.thenews.com.pk/print/436395-pemra-releases-its-annual-
performance-report
 https://www.thenews.com.pk/print/434904-pemra-presents-performance-
report-to-president
 https://fp.brecorder.com/2017/01/20170107120975/
 https://www.app.com.pk/national/shibli-faraz-appreciates-performance-of-
pemra/
 https://www.loc.gov/item/lcwaN0016424/
 https://www.dawn.com/news/1538977
 https://www.dictionary.com/browse/mass--media
 https://dailytimes.com.pk/230501/pemra-is-neglecting-its-role-as-
watchdog/
 https://pemra.gov.pk/uploads/licensing/stv/list_of_licences_issued_stv.pdf
 https://images.dawn.com/news/1185737.
 https://reviewit.pk/pemra-now-thinks-that-pakistani-dramas-are-indecent/
61
Q & A
62
Thank you
63

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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
  • 5. Sequence  Sources of Information/ Methodology  Limitations  Specific requirements/ Questions  Requirement No. 1 – PEMRA Performance  Requirement No. 2 – Critical Analysis  Requirement No. 3 – PEMRA Licensing  Requirement No. 4 – Recommendations/ KPIs  Bibliography  Q&A 5
  • 6. Limitations  COVID – 19  SOPs Follow up  Virtual Sessions  Internet Issues 6
  • 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
  • 20. CURRENT LICENSING STATUS 101 42 4026 25611 05 06 01 License for Teleport Service REQUIREMENT – 1 (Contd.) (11/18) 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
  • 24. Court Cases 24 REQUIREMENT – 1 (Contd.) (15/18) 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
  • 31. 31Source: …. REQUIREMENT – 2 (Contd.) (4/11) Critical Review
  • 32. 32Source: …. REQUIREMENT – 2 (Contd.) (5/11) Critical Review
  • 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
  • 61. Bibliography (Contd.)  https://www.thenews.com.pk/print/436395-pemra-releases-its-annual- performance-report  https://www.thenews.com.pk/print/434904-pemra-presents-performance- report-to-president  https://fp.brecorder.com/2017/01/20170107120975/  https://www.app.com.pk/national/shibli-faraz-appreciates-performance-of- pemra/  https://www.loc.gov/item/lcwaN0016424/  https://www.dawn.com/news/1538977  https://www.dictionary.com/browse/mass--media  https://dailytimes.com.pk/230501/pemra-is-neglecting-its-role-as- watchdog/  https://pemra.gov.pk/uploads/licensing/stv/list_of_licences_issued_stv.pdf  https://images.dawn.com/news/1185737.  https://reviewit.pk/pemra-now-thinks-that-pakistani-dramas-are-indecent/ 61