Editorial
PEMRA was established under PEMRA Ordinance 2002 to facilitate and regulate private electronic media. It has the mandate to enhance the standards of information, education and entertainment and to enlarge the choice available to the people of Pakistan, Including news, current affairs, religious knowledge, art and culture, as well as science and technology. Therefore, PEMRA is a regulatory authority that functions according to the PEMRA ordinance. PEMRA needs to work independently; however, it has never been the case in Pakistan. It operates independently but also politically at times.
However, the regulatory nature of PEMRA must correspond to the fundamental rights of the citizens. Pakistan is a federal parliamentary constitutional democracy with the protection of fundamental rights. Freedom of expression is the most significant fundamental right because it is the door to all other fundamental rights. Therefore, the enforceability of the right is crucial for the cause of all fundamental rights. Article 19 of the constitution of Pakistan guarantees the right to expression. The article reads as follows;
19 Freedom of speech, etc.
Every citizen shall have the right to freedom of speech and expression, and there shall be freedom of the press, subject to any reasonable restrictions imposed by law in the interest of the glory of Islam or the integrity, security or defence of Pakistan or any part thereof, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, [commission of] or incitement to an offence.
Freedom of expression and speech is not an absolute right but is subject to certain restrictions. However, the corresponding part must not dominate the substantive part of the clause. The subordinate or the corresponding part is the regulatory part of the substantive part. Hence, there is no way the substantive clause is compromised at the whims of administrative or executive discretion. The superior courts in Pakistan have already passed declaratory judgments on the freedom of speech and expression. Even the honourable justice Athar adjudged in the IK vs PEMRA case that the right of speech can not be taken away outrightly.
Imran Khan is the most popular leader in Pakistan. There is a political conflict in Pakistan regarding the happening of elections. It is an enormous political battle, and the stakes are the highest for political and non-political players. Therefore, it is a dire need to hold restrain and allow political leaders to disseminate the message of politics and elections. Then, it is also critical for political leaders to abide by the laws as freedoms are always subject to law and regulations. However, whatever the case may be, the voice of political leaders can not be pressed.
Lastly, it is an age of social media, and the role of electronic media is already minimal. The ban may not hit Imran Khan or PTI as they are already disseminating their manifesto through social media. However, it may obstruct the free-flowing televising of news channels. PEMRA should behave professionally and remain limited to their role according to the PEMRA ordinance.https://republicpolicy.com/why-is-the-freedom-of-speech-the-most-critical-human-right/
