Voluntary Code of Conduct
1. Scope of the Code:
This code of Conduct (hereinafter referred as "the Code") formulated voluntarily by Pakistan Broadcasters Association (hereinafter referred as "the PBA") and all electronic media broadcasters who are members of PBA is aimed at self-regulation of electronic media. The Code will become a part of all licenses issued by Pakistan Electronic Media Regulatory Authority (PEMRA) (hereinafter referred as "the authority"). All the licensees/ permission holders in their individual capacity and PBA, to the extent of its members, hereby undertake that the Code shall be strictly adhered to in letter and spirit. PBA shall assist the authority in every way and manner to ensure strict compliance of the Code by its members.
2. Code of Conduct for Programmes:
2.1 we, the media broadcasters being the licensees/ permission holders of PEMRA do understand that the fundamental purpose of news dissemination and current affairs Content in a democracy is to enable people to know what is happening, and to understand affairs that may affect them as members of the community so that they may form their own conclusions. Therefore we do hereby voluntarily undertake that no content shall be aired which contains or is:
a) Anything against the territorial integrity and sovereignty of the country and its people, or adversely affects relations with other States;
b) any derogatory remarks/ material about any religion or sect or community or uses visual images of words contemptuous of religious sects and ethnic groups or which promotes communal and sectarian biases, hatred or disharmony;
c) anything pornographic and / or obscene as defined by laws in force;
d) denigrating to men or women or children through the depiction in any manner or, in such a way as to have the effect of being derogatory;
e) an abusive comment that, when taken in context, tends to or is likely to expose an individual or a group or class of individuals to hatred or contempt on the basis of race or caste, national, ethnic or linguistic origin, colour or religion or sect, sexual orientation, age or mental or physical disability;
f) any material in violation of copyrights or other related property rights;
g) anything against basic socio cultural norms;
h) promoting, aiding, abetting, glorifying or depicting a heroic picture of terrorism or terrorist activity or any other criminal activity or offence defined in the Pakistan Penal Code or any other law in force;
i) inciting violence or any action prejudicial to maintenance of law and order;
j) anything which is knowingly false or there exist sufficient reasons to believe that the same may be false beyond a reasonable doubt and with malice;
k) anything amounting to contempt of court as defined in Article 204 of the Constitution of Islamic Republic of Pakistan and any other law in force;
l) casting aspersions against the President or security or defense institutions and judiciary of Pakistan;
m) speculations or other assertions which are not based on logic, facts and ground reality and without reference to context;
n) amounting to black mail as defined in Pakistan Penal Code or incrimination of any person, including advantage from such person;
o) any programme including talk shows based on personal bias;
p) anything defamatory as defined in defamation law or relating to an individual's private life unless his or her prior permission has been obtained;
q) compromising the accuracy and objectivity of the news;
r) against sanctity of home, family and marriage;
s) guidance towards committing criminal acts, acts of violence or making/ manufacturing equipments which may used for criminal / terrorist activities.
Without prejudice to any other restrictions in this regard, while reporting the proceedings of the Parliament or the Provincial Assemblies, such portion of the proceedings as the Chairman or the Speaker may have ordered to be expunged, shall not be broadcast or distributed and every effort shall be made to release a fair account of the proceedings.
The veracity and authenticity of news and reports broadcast shall be ensured as far as editorially possible.
Gory images of bloodshed, corpses or human organs, live or recorded shall not be transmitted. Editorial caution must be used while covering tragic incidents such as bomb blasts; war, natural disasters etc. closely focused images and pictures of dead bodies, or severely injured persons shall be avoided.
Subject to the Code a programme relating to any controversial issues, shall present the point of view of all the stakeholders with equanimity in an objective manner.
3. Broadcasters' Obligations and Responsibilities:
3.1 The broadcast media operators, including anchor persons and owners, undertake responsibility to ensure compliance of the code.
(a) Where any offence under PEMRA law 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.
(b) Where the person guilty of an offence under PEMRA law, is a company, corporation of 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.
(c) All efforts must be made by broadcasters and talk show moderators to correct errors of fact at the earliest opportunity and ensure corrections are broadcast to public in the next programme.
(d) Moderator will be responsible for screening and establishing norms of discussion during the programme.
(e) Braodcasters and talk show moderators (host / anchor) will ensure that Content of news and current affairs programmes is always presented in a balanced manner. It must be ensured that materials received from foreign countries are not against national interest.
(f) Broadcasters and talk show moderators (host / anchor) will ensure that content of news and current affairs programmes are presented with sensitivity in the case of material likely to cause some distress to a substantial number of viewers such as images or interviews with victims of traumatic incidents. Such material should only be used when deemed editorially essential, and if so only with consent of victim's next of kin.
(g) Moderator will ensure no discussion on sub-judice matters.
(h) While addressing or interviewing any person, programme presenters, anchor persons and comperes shall extend proper courtesy and respect to the concerned person in a manner which is fully compatible with our cultural and religious values, social norms and traditions.
4. Compliance Mechanism:
4.1 A Committee comprising representatives of Ministry of Information & Broadcasting, PEMRA, Stakeholders and eminent members of Civil Society shall be established to examine and review desirability of content broadcast by the electronic media.
4.2 In case of a violation of the Code, PEMRA may issue a show cause notice to the violator as to why action as per law may not be taken against him.
4.3 PRMRA will take a decision about the suspension of the airing of the content or programme in respect of which a show cause notice has been issued.
4.4 Everyone will be treated as innocent until proved guilty.
4.5 In case the broadcaster fails to render a satisfactory reply the Council of Complaints shall immediately take cognizance of the case and finalize its recommendations within seven days. Two representatives nominated by the PBA shall be co-opted for these proceedings of the Council of Complaints.
4.6 The action taken by the Authority on the recommendation of the Council of Complaints shall be appeal able in the High Court.
5. Live Uplinking:
This is a separate matter already covered under Section 31 of the PEMRA law. The matter of unlinking permission does not require any special treatment or significance because it is already regulated under the aforesaid section of law. Since the Code of Programmes is applicable to all programmes therefore it has to be followed by each broadcaster. The broadcaster has to follow the Code of Conduct in all prgrammes, no matter whether it is live or recorded.
5.1. (a) EMRA shall issue the necessary certificates and documentation to the broadcast station or distribution service 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.
(b) If at any point live converage is likely to air content which violates any law or this Code, the licensee / permission holder or any person operating under it, shall immediately take preemptive measures to prohibit the airing of such content. In this regard all the licensees / permission holders shall incorporate such technological measures within their system which shall provide sufficient time delay in broadcast, to ensure that the content complies with this Code and can be filtered.
6. Review:
The PBA and PEMRA may review the terms and conditions of the Code in order to incorporate any amendments/ changes incumbent on account of practical issues faced.
7. Enforcement
This code of Conduct will come into force with immediate effect as agreed by PEMRA and PBA members and will apply to all Electronic Media. It will not be applied stringently on entertainment programmes, satire, drama, films and such genres.
7.1 Any directive other than that of PEMRA, issued by any Federal/ Provincial functionary / Political Organization shall not be enforceable.
8. Acceptance:
I/ We being the owners /operators / authorized person / representatives of M/s --------------------------------- (a licensee of PEMRA) do hereby certify that I/ we have read, understood and accepted all the provisions of the above Code of Conduct which consists of six pages and hereby undertake to abide by this Code.
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M/s ------------------------------
Place ----------------------------
Date -----------------------------
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N A D E E M M A L I K
CNBC PAKISTAN
BUREAU CHIEF
ISLAMABAD
0321-5117511
nadeem.malik@hotmail.com
16th Floor, Saudi Pak Tower, 61-A Jinnah Avenue, Islamabad. 051-2800113-14, Fax: 051-2800118
