The Lahore High Court (LHC) has asked the Pakistan Electronic Media Regulatory Authority (PEMRA) and the Election Commission of Pakistan (ECP) to respond by January 9 in response to a petition that challenges PEMRA’s decision to prohibit the broadcast of election surveys on television.
Mian Dawood represented petitioner Muneer Ahmad Bajwa, a journalist. The prohibition was issued by PEMRA’s announcement, which is being challenged in the plea.
In addition, the petitioner asked the court to rule that the ECP’s COC for National Media, specifically clause 12, was extra vires and thereby illegal.
Justice Ali Baqar Najafi voiced his confusion at the prohibition as the hearings began. He mentioned that election surveys are done and talked about all around the globe.
When Justice Najafi asked to speak with the ECP’s attorney, the lawyer said he was preoccupied with nomination filings in another court.
The matter was asked the court to postpone. Justice Najafi then postponed further proceedings until January 9.
According to Advocate Dawood’s testimony before the court, the imposition of such a prohibition was preceded by the adoption of clause 12 of a code of conduct for the media. He argued that the restriction should be forcefully denounced because it amounted to denying the public the right to form their own opinions.
After the ECP released the code of conduct, they contacted PEMRA to prevent TV stations from showing electoral surveys. The media regulatory body issued a notice prohibiting television stations from airing any coverage of election surveys in response to orders from the ECP.
“The freedom of press and speech was a fundamental right of the people of Pakistan, which cannot be curtailed or limited by state functionaries using any technical, non-technical, ambiguous, unambiguous, or any other circulars, rules, or even law,” he argued before the court, citing PLD 2016 SC 692 as an example. When cases involving public interest litigation arise, it is the judiciary’s constitutional obligation to uphold basic rights.
The petition asserts that “free and fair journalism was the core and heart of democracy,” arguing that the right to information is now universally acknowledged as an intrinsic right, particularly for Pakistani residents.
With the addition, “The political parties have a legitimate right to run their campaigns through various channels, including social media,” the text continued. During an election season, the free flow of information needs to reach the public. Restricting the capacity of media outlets and influencers to participate in polling-related activities could unintentionally hinder this flow.
Through the chairs of ECP and PEMRA, the petitioners made themselves heard, while the federal government was reached through the secretary of the Ministry of Information and Broadcasting.
