High court ruling leaves Pakistani broadcasters facing tough Ramadan restrictions

The petitioners had requested the court to put a stop to vulgarity and immorality on television, particularly during Ramadan schedules and morning shows. (AFP)

• Failure to comply with the rules will result in harsh punishments, as regulator is told to strictly monitor TV transmissions
• “No program that is suggestive of containing lottery and gambling, even apparently for Hajj or Umrah tickets, shall be promoted to air either live or recorded,” said Justice Shaukat Aziz Siddiqui

ISLAMABAD: The Islamabad High Court (IHC) on Wednesday imposed tough restrictions on what can be broadcast on television during Ramadan in Pakistan.
The court urged the Pakistan Electronic Media Regulatory Authority (PEMRA) to strictly monitor all TV transmissions, and warned that action would be taken against anyone who fails to comply with the rules.
“No program that is suggestive of containing lottery and gambling, even apparently for Hajj or Umrah tickets, shall be promoted to air either live or recorded,” said Justice Shaukat Aziz Siddiqui. “Programs such as ‘Neelam Ghar’ and those that appear to be like ‘circus’ shows must be stopped.”
A ban was ordered on most foreign dramas, films and advertisements, particularly from India. Siddiqui ruled that the regulations allowed for 10 percent foreign content to be broadcast, subject to the approval of a committee consisting of secretaries and representatives of the ministries of interior, information technology, religious affairs and information, with the participation of PEMRA and the Pakistan Telecommunication Authority.
Siddiqui, who was hearing a code-of-conduct petition challenging morning shows and Ramadan broadcasts, ruled that the state is responsible for providing an atmosphere in accordance with Islamic tenets, as set out in the Qur’an and Sunnah. He noted that the sanctity of Ramadan should not be violated and “it is expected that no channel shall air any program that may disrupt the spirit of this month.”
Any channel found to be broadcasting content deemed obscene, indecent and immoral by the regulator will be penalized in accordance with the applicable laws, according to the judgment.
The petitioners had requested the court to put a stop to vulgarity and immorality on television, particularly during Ramadan schedules and morning shows.
In response to the petition, Ali Zafar, representing the Pakistan Broadcasters Association, questioned the court’s jurisdiction with regards to directing the media regulatory body.
He argued that controlling the media and entertainment industry, or determining what is obscene, indecent, against Islamic values or against the integrity of Pakistan are matters of policy and so fall within the domain of the executive, which must act in accordance with law, and not the court.
“No generalized standard of what is decent or indecent, obscene or not obscene, or against the Islamic values or the ideology of Pakistan can be laid down or applied by the court,” he said.
Arguing that morality and decency are relative terms that vary from person to person, Zafar said the court could not impose its own views on morality and decency on the public.
Allowing such petitions pave the way for all forms of bigotry to have a moral basis for asking the law to abolish freedom of speech and expression, and freedom of the press, which is enshrined in the Constitution as a fundamental right, he said.
Siddiqui noted that Pakistan is an Islamic Republic and an ideological state, with Islam as its state religion. Indecency, immorality and obscenity are against the injunctions of Islam and offensive to constitutional guarantees, he said, therefore law-enforcement agencies and regulatory bodies have a statutory obligation to ensure no activity prejudicial to Islam is permitted.