Pemra

PEMRA Ordinance 2002
M.SOHAIB AFZAAL

Quaid-e-Azam, the founder of Pakistan says “I expect press
for complete fearless.” regrettably, press in Pakistan has been
unsuccessful to appreciate the goal of Quaid-e-Azam.

PAKISTAN ELECTRONIC MEDIA
REGULATORY AUTHORITY
 (i) Improve the standards of information, education and
entertainment.
 (ii) Enlarge the choice available to the people of Pakistan in the
media for news, current affairs, religious knowledge, art,
culture, science, technology, economic development, social sector
concerns, music, sports, drama and other subjects of public and
national interest.
 (iii) Facilitate the devolution of responsibility and power to the
grass-roots by improving the access of the people to mass media
at the local and community level.
 (iv) Ensure accountability, transparency and good governance
by optimizing the free flow of information.

PRELIMINARY
 1. Short title, extent and commencement.
 (1) This Ordinance shall be called the Pakistan Electronic Media
Regulatory Authority Ordinance, 2002.
 (2) It extends to the whole of Islamic Republic of3 Pakistan.
 (3) It shall come into force at once.

DEFINITIONS
 In this Ordinance, unless there is anything repugnant in the
subject or context
 (a) “advertisement” means a set of visual and audio messages for the
projection of a product, service, or idea with the object of propagating sale,
purchase or hire of the product, service or idea for creating other related
effects;
 (b) “Authority” means the Pakistan Electronic Media Regulatory Authority
(PEMRA) established under section 3.
 (c) “Broadcast Media” means such media which originate and propagate
broadcast and prerecorded signals by terrestrial means or through satellite
for radio or television and includes teleporting, provision of access to
broadcast signals by channel providers and such other forms of broadcast
media as the Authority may, with the approval of the Federal Government,
by notification in the official Gazette, specify4;
 (ca) “Broadcast Station” means physical, technical and software
infrastructure for the operation of radio or television and also includes
satellite unlinking from ground, repeaters and all such other accessories.

 (d) “Broadcaster” means a person engaged in broadcast media except
broadcast journalists not actively involved in the operation, ownership,
management or control of the broadcast media.
 (da) “Cable TV” means reception of broadcast and pre-recorded signals from
different channels and their distribution to subscribers through a set of
closed transmission paths.
 (e) “Chairman” means the Chairman of the Authority.
 (ea) “Chairperson” means the head of a Council of Complaint.
 (f) “Channel” means the set of frequencies that a broadcast station occupies
for broadcasting.
 (fa) “Channel Provider” means a vendor who represents local or foreign
channels and provides access of their signal to a distribution service.
 (g) “Company” means a company as defined in the Companies Ordinance
1984.
 (h) “Copyright” means copyright as defined in the Copyright Ordinance
1962

 (ha) “Distribution Service” means a service which receives broadcast and
pre-recorded signals from different channels and distributes them to
subscribers through cable, wireless or satellite options and includes Cable
TV, LMDS, MMDS, DTH and such other similar technologies.
 (hb) “DTH” means Direct to Home distribution of audiovisual signals
received via satellite to small dish antennas across the foot-print of the
satellite to subscribers.
 (hc) “Electronic Media” includes the broadcast media and distribution
services.
 (i) “Foreign Company” means a company or body corporate organized, and
registered under the laws of a foreign government;
 (j) “Frequency” means the frequency of the electromagnetic wave number
measured in Hertz per second and used for transmission;
 (k) “FAB” means the Frequency Allocation Board established under section
42 of the Pakistan Telecommunication (Reorganization) Act, 1996.

 (ka) “Illegal operation” means the broadcast or transmission or distribution of, or
provision of access to, programmes or advertisements in the form of channels without
having a valid licence from the Authority.
 (kb) “LMDS” means local multipoint distribution service to transmit audio-visual
signals through wireless devices, on a higher frequency range for the provision of
cable television service.
 (l) “Media Enterprise” means an enterprise concerned with the publication of a
printed newspaper or a broadcast media or distribution service.
 (la) “MMDS” means multi-channel multi-point distribution service to transmit audio-visual
signals through wireless devices, to multiple subscribers, after receiving such
signals from other channels of communication16;
 (m) “Licence” means a licence issued by the Authority to establish and operate a
broadcast media or distribution service.
 (n) “Licensee” means a person to whom the Authority has issued a licence.
 (na) “newspaper” means a newspaper as defined by the Press, Newspapers, News
Agencies and Books Registration Ordinance,2002.

 (o) “Member” means a member of the Authority.
 (p) “National Broadcaster” means the Pakistan Broadcasting Corporation, the
Pakistan Television Corporation and the Shalimar Recording and Broadcasting
Company.
 (q) “PTA” means the Pakistan Telecommunication Authority established under the
Pakistan Telecommunication (Reorganisation) Act, 1996.
 (r) “Person” includes an individual, partnership, association, company, trust or
corporation.
 (s) “Prescribed” means prescribed by the rules or regulations made by the Authority.
 (t) “Programme” means the systematic broadcasting of visual or sound images by a
broadcast station but does not include an advertisement.
 (ta) “Regulations” means the regulations made under this Ordinance.
 (u) “Rules” means the rules made under this Ordinance.
 (v) “Teleport” means a facility with installed equipment used or required in the
process of uplinking or downlinking of audio-visual programmes and signals between
an earth station and a satellite.
 (w) “Uplinking” means transmission of audio-video signal from ground transmission
facility to a satellite, in order to transmit any programme within or outside Pakistan.

Establishment of the Authority
 (1) As soon as may be, after the commencement of this Ordinance, the
Federal Government shall, by notification in the Official Gazette, establish an
authority to be known as the Pakistan Electronic Media Regulatory
Authority (PEMRA) for carrying out the purposes of this Ordinance.
 (2) The Authority shall be a body corporate having perpetual succession and
a common seal with powers subject to the provision of this Ordinance to hold
and dispose of property by the said name, sue and be sued.
 (3) The principal office of the Authority shall be at Islamabad and it may set
up offices at such place or places in the country as it may deem appropriate.
 (4) No act or proceeding of the Authority shall be invalid by reason only of
the existence of a vacancy in, or defect in the constitution of, the Authority.

Functions of the Authority
 (1) The Authority shall be responsible for regulating the establishment and
operation of all broadcast media and distribution services in Pakistan
established for the purpose of international, national, provincial, district,
local or special target audiences.
 (2) The Authority shall regulate the distribution of foreign and local TV and
radio channels in Pakistan;
 (3) The Authority may, by notification in the official Gazette, make
regulations and also issue determinations for carrying out the purposes of
this Ordinance.

Power of the Federal Government to issue
directives
 The Federal Government may, as and when it considers
necessary, issue directives to the Authority on matters of policy,
and such directives shall be binding on the Authority.
 If a question arises whether any matter is a matter of policy or
not, the decision of the Federal Government shall be final.

Members of Authority
 (1) The Authority shall consist of a Chairman and twelvemembers to be appointed by the
President of Pakistan.
 (2) The Chairman of the Authority shall be an eminent professional of known integrity and
competence having substantial experience in media, business, management, finance,
economics or law.
 (3) Out of twelvemembers one shall be appointed by the Federal Government on full time
basis and five shall be eminent citizens chosen to ensure representation of all provinces
with expertise in one or more of the following fields: media, law, human rights, and social
service. Of the five members from the general public, two members shall be women.
 (4) Secretary, Ministry of Information and Broadcasting, Secretary, Interior Division,
Chairman, Pakistan Telecommunication Authority and Chairman, Central Board of
Revenue26 shall be the ex officio members.
 (4A) The remaining two members shall be appointed by the Federal Government on need
basis on the recommendation of the Chairman.
 (5) The members shall receive such fee and expenses for each meeting as may be
prescribed.
 (6) A member, other than an ex officio member, shall be deemed to have vacated his office if
he absents himself for three consecutive meetings of the Authority without the leave of the
Authority.

Tenure of members
 (1) The Chairman and members, other than ex officio members, unless
earlier removed for misconduct or physical or mental incapacity, shall hold
office for a period of four years and shall be eligible for re-appointment for a
similar term or as the Federal Government may determine:
 Provided that the Chairman and a member shall retire on attaining the age
of sixty-five years.
 Explanation.- For the purposes of this section the expression “misconduct”
means conviction for any offence involving moral turpitude and includes
conduct prejudicial to good order or unbecoming of a gentleman.
 (2) The Chairman or a member may, by writing under his hand, resign his
office.

Meetings of the Authority
 (1) The Chairman or, in his absence, the member elected by the members for
the purpose, shall preside at a meeting of the Authority.
 (2) One-third of the total members shall constitute a quorum for meetings of
the Authority requiring a decision by the Authority.
 (3) The members shall have reasonable notice of the time and place of the
meeting and the matters on which a decision by the Authority shall be taken
in such meeting.
 (4) The decisions of the Authority shall be taken by the majority of its
members present, and in case of a tie, the member presiding a meeting shall
have a casting vote.
 (5) All orders, determinations and decisions of the Authority shall be taken in
writing and shall identify the determination of the Chairman and each
member separately.

Remuneration, of Chairman and members
 (1) The Chairman and members shall be paid such
emoluments as the President of Pakistan may determine and
shall not be varied to their disadvantage during their term of
office.

Chairman and members not to engage
themselves in certain business
 1) The Chairman shall not, during his term of office, engage himself in any
other service, business, vocation or employment, or enter into the
employment of, or accept any advisory or consultancy relationship with any
person or entity engaged in applying for a license from the Authority or
operating a broadcast station established within the purview of the Authority
or in providing services or products to the Authority on any of the projects,
schemes, proposals or plans undertaken, executed or supervised by the
Authority or any related undertaking of such aforesaid person or entity.
 (2) The members shall not have any direct or indirect financial interest, or
have any connection with any such person, entity or related undertaking as
mentioned in sub-section (1) of this section associated in any way with the
licensee of a broadcast station for so long as they are members and hold
office.

Officers, employees
 To carry out the purposes of this Ordinance, the Authority may, from time to
time, appoint members of its staff, experts, consultants, advisers and other
officers and employees on such terms and conditions as it may deem fit.
Officers, etc. deemed to be public servants
 The Chairman, members, members of its staff, other officers and employees
of the Authority shall be deemed to be public servants within the meaning of
section 21 of the Pakistan Penal Code (Act XLV of 1860).

Delegation
 The Authority may, by general or special order, delegate to the Chairman or a
member or any member of its staff, or an expert, consultant, adviser, or other
officer or employee of the Authority any of its powers, responsibilities or functions
under this Ordinance subject to such conditions as it may by rules prescribe:
 Provided that the delegation of such power shall not include the power to grant,
revoke or cancel a broadcast media or distribution service licence except Cable
TV.

Fund
 (1) There shall be established a fund to be known as “PEMRA Fund” which shall vest in the
Authority and shall be utilized by the Authority to meet charges in connection with its functions
including payment of salaries and other remunerations to the Chairman, members, employees,
experts and consultants of the Authority.
 (2) The Fund shall consist of.- Inserted by the PEMRA (Amendment) Act, 2007 (Act No.II of
2007) in place of first and second proviso to Section 13 which read as “Provided that the
delegation of such power shall not include the power to grant, suspend, revoke or cancel a
broadcast licence Provided further that the rules made under this Ordinance shall specify use of
delegated powers and shall be framed and enforced after promulgation of this Ordinance and
before the notification of the establishment of the Authority”.
 (i) Seed money by the Federal Government;
 (ii) fees for issuance and renewal of licences for establishing and operating broadcast or CTV
stations;
 (iii) loans obtained with the special or general sanction of the Federal Government;
 (iv) foreign aid obtained with sanction of and on such terms and conditions as may be approved
by the Federal Government.
 (v) all other sums received by the Authority from any other source.
 (3) The Authority may open and operate one or more accounts in local, or foreign currency, in
any scheduled bank
 (4) The Authority may invest its funds in such investments as it may, from time to time,
determine.

Budget
 The Authority shall, in respect of each financial year, prepare its own budget
and submit it to the Federal Government three months before the
commencement of every financial year for information.
Accounts and Audit
 (1) The Authority shall maintain complete and accurate books of accounts of
its actual expenses and receipts in such form as the Federal Government may,
in consultation with the Auditor General of Pakistan, determine.
 (2) The Authority shall cause to be carried out audit of its accounts by one or
more auditors who are chartered accountants within the meaning of the
Chartered Accountants Ordinance, 1961 (X of 1961).
 (3) Notwithstanding the audit provided in sub-section (2) the Auditor-
General shall have the power to audit or cause to be audited the accounts of
the Authority.

Annual report
 The Authority shall compile and submit an annual report on its operations
and accounts for each financial year to the President of Pakistan and shall
also arrange for its publication and circulation to the media and the public.
Categories of licenses
 The Authority shall issue licenses for broadcast media and distribution
service in the following categories, namely:-
1. International and National scale stations
2. Provincial scale broadcast
3. Local Area or Community based Radio and TV Broadcast
4. Specific and specialized subjects
5. Distribution services
6. Up linking facilities including teleporting and DSNG.

License to broadcast or operate
 (1) The Authority shall have exclusive right to issue licenses for the establishment and
operation of all broadcast media and distribution services, provided that this exclusive
right shall be used by the Authority in conformity with the principles of fairness and
equity applied to all potential applicants for licenses whose eligibility shall be based on
prescribed criteria notified in advance and that this shall be done through an open,
transparent bidding process:
 Provided that the bidding shall be held if the number of applications exceeds the number
of licenses to be issued by the Authority.
 (2) No person shall engage in any broadcast media or distribution service except after
obtaining a license issued under this Ordinance.
 (3) Every license shall be subject to such terms and conditions as may be prescribed.
 (4) The Authority shall have the power to determine number of licenses to be issued in
each category or sub-category and charge fees at such rates as the Authority may fix from
time to time for the grant of a license and for its annual renewal37.
 (5) The Authority shall devise a Code of Conduct for programmes and advertisements for
compliance by the licensees.

Terms and conditions of license
 A personwho is issued a license under this Ordinance shall
 (a) ensure preservation of the sovereignty, security and integrity of the
Islamic Republic of Pakistan.
 (b) ensure preservation of the national, cultural, social and religious values
and the principles of public policy as enshrined in the Constitution of the
Islamic Republic of Pakistan.
 (c) ensure that all programmes and advertisements do not contain or
encourage violence, terrorism, racial, ethnic or religious discrimination,
sectarianism, extremism, militancy, hatred, pornography, obscenity, vulgarity
or other material offensive to commonly accepted standards of decency.
 (d) comply with rules made under this Ordinance.

 (e) broadcast, if permissible under the terms of its license, programmes in the
public interest specified by the Federal Government or the Authority in the
manner indicated by the Government or, as the case may be, the Authority,
provided that the duration of such mandatory programmes do not exceed ten
per cent of the total duration of broadcast or operation by a station in
twenty-four hours except if, by its own volition, a station chooses to broadcast
such content for a longer duration.
 (f) comply with the codes of programmes and advertisements approved by
the Authority and appoint an in-house monitoring committee, under
intimation to the Authority, to ensure compliance of the Code.
 (g) not broadcast or distribute any programme or advertisement in violation
of copyright or other property right.
 (h) obtain NOC from Authority before import of any transmitting apparatus
for broadcasting, distribution or teleporting operation.
 (i) not sell, transfer or assign any of the rights conferred by the license
without prior written permission of the Authority.

Consultation with Provinces
 (1) The Authority, except where applications for the issue of licenses relates to the Islamabad
Capital Territory, shall invite a representative of the Government of the Province concerned
with regard to the proposed location of the radio station or TV channel or CTV station for
which the application has been made and shall consider the viewpoint of the concerned
Provincial Government before taking a decision on the issuance, suspension, revocation or
cancellation of a license:
 Provided that where the Provincial Government objects to the issuance of a particular licence or
its suspension, revocation or cancellation, the applicant shall be provided an opportunity to be
present at the meeting of the Authority and afforded a public hearing with regard to the
observations made by the Provincial Government.
 (2) Where the broadcast signal of a radio station or a TV channel or the CTV network has the
potential to cover an area outside the limits of the Province in which the unit is proposed to be
located, the Authority shall invite one or more representatives from each of the four Provincial
Governments to express their viewpoint, if any, on the inter-Provincial dimensions of the
broadcast signal.
 (3) In applying the provisions of sub-section (2) the Authority shall ensure that the consultation
with the Provincial Government or the Provincial Governments, as the case may be, is
conducted with the objective of facilitating freedom of expression on the air waves within the
framework defined by this Ordinance and shall ensure that no unreasonable delay occurs in the
issuance of a license and its utilization by the licensee merely on the grounds that the Federal
Government and the Provincial Governments require unspecified time to fulfil their respective
and related procedures” substituted by the PEMRA (Amendment) Act, 2007.

Duration for consideration of the application for a
license
 The Authority shall take decision on the application for a license within one hundred
days from the receipt of the application.
Exclusion of monopolies
 (1) No person shall be entitled to the benefit of any monopoly or exclusivity in the
matter of broadcasting or the establishment and operation of broadcast media or
distribution service or in the supply to or purchase from, a national broadcaster of air
time, programmes or advertising material and all existing agreements and contracts to
the extent of conferring a monopoly or containing an exclusivity clause are, to the
extent of exclusivity, hereby declared to be inoperative and of no legal effect.
 (2) In granting a license, the Authority shall ensure that open and fair competition is
facilitated in the operation of more than one media enterprise in any given unit of area
or subject and that undue concentration of media ownership is not created in any city,
town or area and the country as a whole:
 Provided that if a licensee owns, controls or operates more than one media enterprise,
he shall not indulge in any practice which may impede fare competition and provision
of level playing field.

License, application, issuance, refusal and validity
 (1)Any person desirous of obtaining a license for establishment and operation
of broadcast media or a distribution service shall apply to the Authority in
such manner and form as may be prescribed.
 (2) The Authority shall process each application in accordance with
prescribed criteria and shall hold public hearings in the respective provincial
capitals of each Province, or as the case may be, in Islamabad, before
granting or refusing the license.
 (3) Each application shall be accompanied by such fee as the Authority may
prescribe.
 (4) A license shall be valid for a period of five, ten or fifteen years subject to
payment of the annual fee prescribed from time to time.
 (5) The Authority may renew a license on such terms and conditions as may
be prescribed and in case of refusal to renew a license reasons shall be
recorded in writing.

Certain persons not be granted license
 A license shall not be granted to
 (a) a person who is not a citizen of Pakistan or resident in Pakistan.
 (b) a foreign company organized under the laws of any foreign government.
 (c) a company the majority of whose shares are owned or controlled by
 foreign nationals or companies whose management or control is vested in
foreign nationals or companies.
 (d) any person funded or sponsored by a foreign government or organization.

Council of Complaints
 (1) The Federal Government shall, by notification in the Official Gazette, establish Councils
of Complaints at Islamabad, the Provincial capitals and also at such other places as the
Federal Government may determine.
 (2) EachCouncil shall receive and review complaints made by persons or organizations from
the general public against any aspects of programmes broadcast or distributed by a station
established through a license issued by the Authority and render opinions on such
complaints.
 (3) EachCouncil shall consist of a Chairperson and five members being citizens of eminence
from the general public at least two of whom shall be women.
 (3 A)The Councils shall have the powers to summon a licensee against whom a complaint
has been made and call for his explanation regarding any matter relating to its operation.
 (4) The Authority shall formulate rules for the functions and operation of the Councils
within two hundred days of the establishment of the Authority.
 (5) The Councils may recommend to the Authority appropriate action of censure, fine
against a broadcast or CTV station or licensee for violation of the codes of programme
content and advertisements as approved by the Authority as may be prescribed.

Prohibition of broadcast media or
distribution service operation
 The Authority shall by order in writing, giving reasons therefore, prohibit any
broadcast media or distribution service operator from
 (a) broadcasting or re-broadcasting or distributing any programme or
advertisement if it is of the opinion that such particular programme or
advertisement is against the ideology of Pakistan or is likely to create hatred
among the people or is prejudicial to the maintenance of law and order or is
likely to disturb public peace and tranquility or endangers national security or
is pornographic, obscene or vulgar or is offensive to the commonly accepted
standards of decency.
 (b) engaging in any practice or act which amounts to abuse of media power by
way of harming the legitimate interests of another licensee or willfully causing
damage to any other person.

Suspension of broadcast media or
distribution service
 A broadcast media or distribution service operator shall not
cease or suspend broadcasting except on account of force
majeure or with the prior approval of the Authority.

Power to authorize inspection
 (1) The Authority may authorize any of its officers or its nominees to enter the premises of a broadcast
media or distribution service operator for purposes of inspection.
 (2) A broadcast media station or distribution service premises shall, at all reasonable times, be open to
inspection by an authorized officer under sub-section (1) and the licensee shall provide such officer with
every assistance and facility in performing his duties.
 (3) The authorized officer shall, within forty-eight hours of the inspection, submit his inspection report to
the Authority.
 (4) The Authority may authorize any of its officers to undertake investigation, in the manner it may
prescribe, in any matter with regard to its functions and to seek any specific information, from any person,
which the Authority may deem useful in order to enable it to determine and dispose of such matter.
 (5) The Authority or as the case may be the Chairman, after issuing show cause notice to broadcast media
or distribution service may seize its broadcast or distribution service equipment, or seal the premises,
which is being used in contravention of the provisions of this Ordinance or the rules made thereunder or
any other law Provided that the equipment shall be returned to the holder of a valid license after imposing
on him such penalty as the Authority may determine.
 (6) The Authority may, after the licensee has been, given reasonable opportunity to show cause, impose fine
up to one million rupees on a licensee who contravenes any of the provisions of this Ordinance or the rules
or regulations made thereunder.

Dues to be Recovered as Arrears of Land
Revenue
 All dues including outstanding license fee, annual renewal fee or
any other charges including fine as imposed by the Authority
shall be recoverable as arrears of land revenue.

Power to vary conditions, suspend or revoke
the license
 (1) The Authority may revoke or suspend the license of a broadcast media or distribution service by an order in
writing on one or more of the following grounds, namely:-
 (a) the licensee has failed to pay the license fee, annual renewal fee or any other charges including fine, if any;
 (b) the licensee has contravened any provision of this Ordinance or rules or regulations made thereunder:
 Provided that in the case of revocation of a license of a broadcast media an opinion to this effect shall also be obtained
from the Council of Complaints;
 (c) the licensee has failed to comply with any condition of the license.
 (d) where the licensee is a company, and its shareholders have transferred a majority of the shares in the issued or
paid up capital of the company or if control of the company is otherwise transferred to persons not being the original
shareholders of the company at the time of grant of license, without written permission of the Authority.
 (2) The Authority may vary any of the terms and conditions of the license where it deems that such variation is in the
public interest.
 (3) Except for reason of necessity in the public interest a license shall not be varied, suspended or revoked under sub-section
(1) or (2) unless the licensee has been given reasonable notice to show cause and a personal hearing.

Appeals
 Any person aggrieved by any decision or order of the Authority may, within thirty
days of the receipt of such decision or order, prefer an appeal to the High Court:
 (1) The Authority may revoke or suspend the license of a broadcaster or CTV
operator on one or more of the following grounds, namely.
 (a) the licensee has failed to pay the license fee and charges.
 (b) the licensee has contravened any provision of this Ordinance or rules made
thereunder and an opinion to this effect has been rendered by a Committee
constituted by the Federal Government, comprising a nominee of the licensee, a
nominee of the Authority and a retired judge of a High Court or the Supreme
Court who shall be the Chairman of the Committee;
 (c) the licensee has failed to comply with any condition of the license.
 (d) if the shareholders of the licensee, being a company, have transferred the
majority of their shares.

Up linking Facilities
 (1) No person shall carry out up linking without a valid Teleport or Satellite TV license
from the Authority;
 (2) The Authority may, subject to fulfillment of such conditions, as may be prescribed,
issue permission in writing to any party to carry out temporary up linking from a ground
transmission facility to a satellite in order to transmit any programme within or outside
Pakistan.
Power to grant exemptions
 The Authority may grant exemptions from any provisions of this Ordinance, where the
Authority is of the view that such exemption serves the public interest and the exemptions
so granted shall be supported by recording the reasons for granting such exemptions in
writing provided that the grant of exemptions shall be based on guidelines and criteria
identified in the Rules and that such exemptions shall be made in conformity with the
principles of equality and equity as enshrined in the Constitution.

Offences and Penalties
 (1) Any broadcast media or distribution service operator or person who violates or abets
the violation of any of the provisions of the Ordinance shall be guilty of an offence
punishable with a fine which may extend to ten million rupees.
 (2) Where such broadcast media or distribution service operator or person repeats the
violation or abetment, such person shall be guilty of an offence punishable with
imprisonment for a term which may extend to three years, or with fine, or with both.
 (3) Where the violation, or abetment of the violation of any provision of this Ordinance is
made by a person who does not hold a license, such violation shall be punishable with
imprisonment for a term which may extend to four years, or with fine, or with both, in
addition to the confiscation of the equipment used in the commission of the act.
 (4) Whosoever damages, removes, tampers with or commits theft of any equipment of a
broadcast media or distribution service station licensed by the Authority, including
transmitting or broadcasting apparatus, receivers, boosters, converters, distributors,
antennae, wires, decoders, set-top boxes or multiplexers shall be guilty of an offence
punishable with imprisonment which may extend to three years, or with fine, or both.

The Officers of Federal, Provincial and Local
Government to assist Authority
 The officers of Federal Government, Provincial Governments and Local
Governments including the Capital Territory Police and the Provincial Police
shall assist the Authority and its officers in the discharge of their functions
under the provisions of this Ordinance and the Rules and Regulations made
thereunder.
 Former Section 31 which read as: Powers to issue certificate: The Authority
shall issue the necessary certificates and documentation to the broadcast station
or CTV network to conduct up-link between a ground transmission facility and
a satellite in order to transmit any programme content for broadcast purposes
within or outside Pakistan.” substituted by the PEMRA (Amendment) Act 2007

Warrants for search
 (1) Where on information furnished by the Authority, the Court has reason to
believe that any unlicensed broadcast media or distribution service is being
owned, controlled or operated or its equipment is being kept or concealed, it may
issue a search warrant and the person to whom search warrant is directed, may
enter the premises where such unlicensed broadcast media or distribution service
is being owned, controlled, operated or provided or its equipment is being kept
or concealed, or carry out search and inspection thereof and seize all or any
equipment therein.
 (2) Any equipment of a broadcast media station seized under sub-section
 (1) having no ostensible owner shall vest in the Authority.

Cases to be Initiated on Complaint
 No court shall take cognizance of any offence under sub-section (1) or (2) of section 33
of this Ordinance except on a complaint in writing by the Authority or any officer
authorized by it.
Offences to be Compoundable and Cognizable
 The offences under sub-section (3) and sub-section (4) of section 33 of this Ordinance
shall be compoundable and cognizable.
Cognizance of Offences
 (1) No court inferior to that of a Magistrate of the first class shall try an offence
punishable under this Ordinance.
 (2) Notwithstanding anything contained in section 32 of the Code of Criminal
Procedure, 1898 (Act V of 1898), it shall be lawful for any Magistrate of the first class
to pass any sentence authorized by this Ordinance even if such sentence exceeds his
powers under the said section 32.

Offences by Companies
 (1) Where any offence under this Ordinance has been committed by a person
who at the time the offence was committed was in charge of, and was
responsible to the company for the conduct of the business of the company as
well as the company itself shall be deemed to be guilty of the offence and shall
be liable to be proceeded against and punished accordingly.
 (2) Where the person guilty of an offence under this Ordinance, is a company,
corporation or firm, every director, partner and employee of the company,
corporation or firm shall, unless he proves that offence was committed
without his knowledge, or consent, shall be guilty of the offence and shall be
liable to be proceeded against and punished accordingly.

Ordinance overrides other laws
 (1) The provisions of this Ordinance shall have effect notwithstanding
anything to the contrary contained in any other law for the time being in
force, or any contract, agreement or any other instrument whatsoever:
 (a) the national broadcasters, namely the Pakistan Broadcasting Corporation
shall continue to be regulated by the Pakistan Broadcasting Corporation Act
1973 (XXXII of 1973) and the Pakistan Television Corporation and Shalimar
Recording and Broadcasting Company Limited shall continue to be
administered under the provisions of the Companies Ordinance 1984 (XLVII
of 1984); and
 (b) other existing private broadcasters or CTV operators who had been
granted respective monopolies in multi-modal distribution system, cable TV
and in FM radio shall henceforth be regulated by this Ordinance except in
respects where specific exemptions are granted by the Authority.

Indemnity
 No suit, prosecution or other legal proceeding shall lie against
the Federal Government or any Provincial Government or local
authority or any other person exercising any power or
performing any function under this Ordinance or for anything
which is in good faith done or purporting or intended to be done
under this Ordinance or any rule made thereunder.

Power to make rules
 (1) The Authority may, with the approval of the Government, by notification in the official
Gazette, make rules to carry out the purposes of this Ordinance.
 (2) In particular, and without prejudice to the generality of the fore-going power, such
rules may be provided for all or any of the following matters, namely.
 (a) to prescribe the forms for the licenses for working, installing, operating, or dealing in
transmission broadcast or distribution apparatus and the manner in which applications for
the licenses shall be granted;
 (b) to prescribe the terms and conditions of the license including fee to be charged in
connection with the issuance of licenses and related matters.
 (c) to prescribe standards and measures for the establishment of broadcast media stations,
installation of broadcasting, distribution service or teleporting equipment, transmitters,
receivers, boosters, converters, distributors and common antennae.
 (d) to prescribe terms and conditions for the broadcast media or distribution service
operators who own, control or operate more than one media enterprise.
 (e) to define the circumstances constituting undue concentration of media ownership and
abuse of powers and anti-competitive practices by media companies.

Removal of difficulties
 If any difficulty arises in giving effect to the provisions of this
Ordinance, the Authority may make such order, not inconsistent
with provisions of this Ordinance, as may appear to it to be
necessary for the purpose of removing the difficulty.

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