The draft of the Pakistan Media Development Authority Ordinance, 2021

This is a draft of the Pakistan Media Development Authority (PMDA) Ordinance 2021 that the authorities is engaged on to attempt to regulate digital media.

Pakistan Media
Development Authority ORDINANCE, 2021

Islamabad, The  7TH  May 2021

F. No. 2(1)/2021-Pub. – The following Ordinance promulgated by the
President is hereby revealed for basic info: –

AN ORDINANCE to control movies, digital, print and digital media in Pakistan

WHEREAS it’s expedient to supply for the improvement of
movies, digital, print and digital media with a purpose to –

  1. To set up Pakistan as a significant world
    heart for multimedia info and content material providers;
  1. To create an unbiased, environment friendly,
    efficient and clear Pakistan Media Development Authority (PMDA) to
    regulate all kinds of media and produce them below one converged regulator and
    statutory authority;
  1. To guarantee Constitutional assure of freedom
    of speech and expression as enshrined in the Constitution and optimize the
    media’s potential to behave as an vital constituent of the State;
  1. To create a sturdy atmosphere for
    improvement of all kinds of media, having competitors, plurality of voices,
    variety of opinions, analyses and applications for informing, educating,
    entertaining and empowering residents by means of free entry to info and
    media literacy;
  • To promote and nurture the nationwide
    info assets for a befitting cultural illustration of the nation
    globally; and
  • To guarantee ease of
    doing enterprise for all the stakeholders and allow reasonably priced and high quality
    providers to the end-users

AND WHEREAS, the President is happy that
circumstances exist which render it essential to take instant motion;

NOW, THEREFORE, in train of all powers conferred by
clause 1 of article 89 of the structure of Islamic Republic of Pakistan, The
President of Islamic Republic of Pakistan is happy to make and promulgate the
following Ordinance:

1.         Short title, extent and graduation. —
(1) This Ordinance shall be referred to as the Pakistan
Media Authority Ordinance, 2021.

            (2) It extends to the complete of
Islamic Republic of Pakistan.

            (3) It shall come into pressure at
as soon as.

            (4) The Media Regulatory Authority
Ordinance, 2021 hereinafter known as the stated ordinance, shall additionally apply
to the Gilgit Baltistan, Azad Jammu and Kashmir Territory because it applies to
Pakistan topic to the following modifications, particularly: (1) for the phrases
‘Provincial Government’ wherever occurring the phrase “Government”
shall be substituted ; (2) for the expressions ‘Province’ and ‘Province of
Pakistan’ wherever occurring the expression ‘Gilgit Baltistan and Azad Jammu
and Kashmir Territory’ shall be substituted ;

2.         Definitions.
– 
In this Ordinance, except there may be
something repugnant in the topic or context, –

(a)        “Advertisement” means a set of visible,
audio and textual content messages for the projection of a product, service, or thought with
the object of propagating sale, buy or rent of the product, service or
thought for creating different associated results;

(b)        “Authority” means the Pakistan Media
Development Authority (PMDA) established below part 3;

(c)        “Authorized officer” means the Chairman,
full time members, director basic, director, In-charge of the regional or
sub-regional officer or any officer not under the rank of assistant director;

(d)       “Broadcast media” means such media which
originate and propagate broadcast and pre-recorded alerts by terrestrial means
or by means of satellite tv for pc for radio or tv and consists of teleporting,
provision of entry to broadcast alerts by channel suppliers, internet TV, over the
prime (OTT) content material platforms and such different kinds of media as the Authority could
prescribe.

(e)        “Broadcast station” means bodily,
technical and software program infrastructure for the operation of radio, tv,
internet TV, on-line information platforms, over the prime content material platforms additionally consists of
satellite tv for pc unlinking from floor, repeaters, internet TV platform and all such different
equipment;

(f)        “Broadcaster” means an individual engaged in
broadcast media and digital        media;

(g)       “Cable TV” means reception of broadcast
and pre-recorded alerts from totally different channels and their distribution to
subscribers by means of a set of closed transmission paths;

(h)        “Chairman” means the Chairman of the
Authority;

            (i)         “Chairperson” means the head of the
Tribunal;

(j)         “Channel” means Satellite, terrestrial,
internet and Over the Top (OTT) Channels for the broadcasting and webcasting;

(okay)        “Channel provider” means an individual who
represents native or overseas channels and internet TV or Over the Top (OTT) channels
and supplies entry of their channel to viewers and a distribution service
platform;”;

(l)         “Company” means an organization as outlined in
the Companies Act 2017

(m)       “Copyright” means copyright as outlined in
the Copyright Ordinance 1962 (XXXIV of 1962) and the different rights which comes
below the mental property group of Pakistan Ordinance 2012.

(n)        “Content”
consists of programmes and commercials together with audio,                                  digital and video;

(o)        “Distribution Service” means a service
which receives broadcast and pre-recorded alerts from totally different channels and
distributes them to subscribers by means of cable, wi-fi or satellite tv for pc choices
and consists of Cable TV, LMDS, MMDS, DTH, IPTV, Mobile TV and such different comparable
applied sciences;

(p)        “DTH” means Direct to Home distribution
of audio-visual alerts acquired through satellite tv for pc to small dish antennas throughout
the foot-print of the satellite tv for pc to subscribers;

(q)       “Editor” means the one that controls the choice
of the matter that’s revealed in a
newspaper or is circulated or
transmitted by a information company and whose title is specified or printed on the
print-line of the publication as editor

(r)        “Foreign company” means an organization or
physique company organized, and registered below the legal guidelines of a overseas
authorities;

(s)       “Frequency” means the frequency of the
electromagnetic waves measured in Hertz and used for transmission;

(sa)      “FAB” means the Frequency Allocation Board
established below part 42 of the Pakistan Telecommunication (Reorganization)
Act, 1996 (XVII of 1996);

           
(sb)       “Government”
means the Federal Government;

(sc)      “Illegal operation” means broadcast,
webcast or transmission or operation or exhibition ,  publishing or printing or distribution of  movies, newspapers, satellite tv for pc TV channel,
terrestrial TV channels, Over the Top TV channels or a newspaper, or provision
of entry to, programmes or commercials or content material on any medium together with
internet with out having a legitimate license or registration certificates or declaration
or NOC from the Authority;

(t)        “Journalist” means an individual who writes,
edits, images or makes cartoons or illustrations for media together with an
editor, a pacesetter author, information editor, function author, reporter, correspondent,
copy tester, cartoonist, information photographer, cameraperson, calligraphist and
proof reader, anchor particular person, information director, information editor;

(ta)       “Media” means broadcast, print, digital
communication channel by means of which info, leisure, training or
promotional messages are disseminated and consists of the digital, print and
digital media;

(tb)      “member” means
a member of the Authority, Media
Complaints Council and Media Tribunal consists of the chairman;

(u)        “Print Media” means any every day or
periodical work containing public information or feedback on public information and consists of
such different class of periodical works as the authority could prescribe;

(ua)      “Digital media” means any info or
content material that’s broadcast together with textual content, audio, video, graphics, internet TV, over
the prime TV and different such content material made out there for viewing over the web;

(ub)      “Media enterprise” means an enterprise
involved with the publication of a printed newspaper or a broadcast media or
digital media or distribution service;

         
(uc)     “Media employee”
means any particular person employed to do any work in, or in                           relation to, any media institution and
consists of—

(ud)      A
whole-time journalist, together with an editor, a pacesetter author, information editor,
function author, reporter, correspondent, copy tester, cartoonist, information
photographer, calligraphist and proof-reader; and a whole-time non-journalist,
together with a supervisor, clerk, steno typist, printing engineer, linotype operator,
composer, type-seller, photograph studio attendant, printing employee, an accountant
and an workplace peon

(ue)      “License” means a license issued by the
Authority to determine and function             a
broadcast media, print media or digital media or distribution service;

(uf)      “Licensee” means an individual to whom the
Authority has issued a license;

(ug)      “Newspaper” means any printed periodical
work containing public information or feedback on public information in print type and on-line
type and consists of such different class of newspaper as prescribed by the authority;

(uh)     “news agency” means an institution which collects and
disseminates to the print and digital media, in addition to different customers
information, options, feedback, images and graphics by means of wire-service,
facsimile or different means of communications

(ui)      “prescribed”
means
prescribed by guidelines or laws made below this Ordinance;

(va)      “Publisher” means an individual who undertakes
or is liable for, the publication in print type or on-line type, of any
work or newspaper or any printed materials both on his behalf or on behalf of
every other particular person, group or firm;

(vb)      “Member” means a member of the Authority
together with its Chairman;

(vc)      “National broadcaster” means the Pakistan
Broadcasting Corporation, the Pakistan Television Corporation and the Shalimar Recording
and Broadcasting Company;

(vd)    
“Online platform” means on-line info and content material supply methods accessed through web for the function of
watching tv (reside or     recorded)
or comparable     content material providers, similar to
internet TV channels, youtube       channels,
Netflix, Amazon Prime and so on and “Over The Top (OTT)
content material”    means tv channels or content material supplied through web to customers both free of price or by means of a subscription
charge; 

(ve)      “PTA” means the Pakistan Telecommunication
Authority established below the Pakistan Telecommunication (Reorganization)
Act, 1996 (XVII of 1996);

(vf)      “Person” consists of a person,
partnership, affiliation, firm, belief or company;

(vg)      “Prescribed” means prescribed by the guidelines
or laws made by the Authority;

(vh)      “Programme” means the systematic
broadcasting of visible or sound photographs by a broadcast station;

            (vi)       “Regulations” means the laws made
below this Ordinance;

(vj)       “Registration certificate” means
certificates issued for publication and information   

                        digital platform by the
authority.

(vk)      “Rules” means the guidelines made below this
Ordinance;

(w)       “Teleport” means a facility with
put in       gear used or required
in the course of of up linking or downlinking of audio-visual programmes and
alerts between an earth station and a satellite tv for pc;

(w)       “Tribunal” means a tribunal established
below this ordinance;          

(x)        “Uplinking” means transmission of audio-     video sign from floor transmission
facility to a satellite tv for pc, with a purpose to transmit any programme inside or outdoors
Pakistan.

(y)        “Wages” means wages as outlined in the
Payment of Wages Act 1936 and consists of any gratuity or different cost declared
as wages by the Wages Board;

3.         Establishment of the Authority. – (1) As quickly as could
be, after the graduation of this Ordinance, the Federal Government shall, by
notification in the Official Gazette, set up an authority to be often known as the
Pakistan Media Development Authority (PMDA) for finishing up the functions of
this Ordinance.

(2)        The Authority shall be a physique company
having perpetual succession and a typical seal with powers topic to the
provision of this Ordinance to carry and dispose of property by the stated title,
sue and be sued.

 (3)       The
principal workplace of the Authority shall be at Islamabad with its regional
places of work in Karachi, Lahore, Quetta, Peshawar and at such place or locations in the
nation as it might deem acceptable.

(4)        No act or
continuing of the Authority shall be invalid by cause solely of the existence of
a emptiness in, or defect in the structure of, the Authority.

4.         Functions of the Authority. –  (1) 
The Authority shall:

  1. regulate the institution and operation of
    digital media together with broadcast media and distribution providers in
    Pakistan established for the function of worldwide, nationwide, provincial,
    district, native or particular goal audiences, overseas TV, radio and digital
    media providers being acquired or distributed in Pakistan;
  2. regulate the institution and operation of
    printing press, print media together with newspapers, information companies, journals,
    magazines and so on;
  3. audit of circulation of newspapers and ranking
    of broadcast and digital media platforms;
  4. regulate the institution and operation of
    digital media together with on-line newspapers, internet TV channels, OTT content material
    platforms, on-line information channels, video logs and so on.;
  5. grant and renew licenses or registration
    certificates or declaration or NOC for digital, print, digital media
    providers and movie providers;
  6. monitor and implement licenses or registration
    certificates or declaration or NOC;
  7. regulate the switch of licenses or
    registration certificates or declaration or NOC and modifications in administration /
    switch of shares of licensees;
  8.  examine and adjudicate on complaints and
    different claims made in opposition to licensees arising out of alleged contraventions of
    the provisions of this Ordinance, the guidelines & laws made and licenses
    or registration certificates issued thereunder and take motion accordingly;
  9. promote the availability of a variety of prime quality,
    environment friendly, price efficient and aggressive media providers all through Pakistan;
  10. promote and defend the pursuits of customers of media
    providers in Pakistan;
  11. regulate competitors in the media sector and
    defend client rights;
  12. carry out such different features as the Federal Government
    could, now and again, assign to it;
  13. prescribe charges together with charges for grant of
    licenses, base costs, annual charges together with mounted and variable charge, renewal
    charges & levy charge and different fees at such charges and in respect of such
    providers as could also be prescribed now and again;
  14. prescribe fines for contravention of the
    provisions of this Ordinance;
  15. problem tips and requirements working
    procedures;
  16. carry out every other perform which is
    incidental or consequential to any of the aforesaid features;
  17. prescribe requirements for media gear
    together with gear at licensee finish ans subscriber finish gear, certify compliance
    of such gear with prescribed requirements, grant NOC for import of such
    gear in Pakistan (if any) and problem kind approvals for media gear;
  18. perform inspections of media gear and
    any premises owned or occupied by the licensees and summon any particular person for
    investigation and an enquiry;
  19. acquire info with respect to media
    inside and out of doors Pakistan and assessment the impression thereof;
  20. If it considers acceptable to take action,
    undertake bidding course of for grant and renewal of licenses on such phrases and
    situations as the Authority could decide now and again;
  21.   Grant
    No Objection Certificate (NOC) for Film distribution, exhibition, capturing and
    manufacturing

5.         Power of the Federal Government to problem
directives.
–  The Federal Government
could, as and when it considers obligatory, problem directives to the Authority on
issues of coverage, and such directives shall be binding on the Authority, and
if a query arises whether or not any matter is a matter of coverage or not, the
resolution of the Federal Government shall be remaining

6.         Members of Authority. – (1) The Authority
shall consist of a Chairman and eleven (11) members to be appointed by the
President of Pakistan on the recommendation of the Federal Government.

(2)        The
Chairman of the Authority shall be appointed from a panel of grade 21-22 of
Information Group officers.

(3)        Out of
eleven (11) members appointed by the Federal Government, six (06) shall be
eminent residents chosen to make sure illustration of all provinces, Gilgit
Baltistan and Azad Jammu and Kashmir, with experience in a number of of the
following fields:  media, artwork, movie, legislation,
cyber safety, human rights, engineering, administration and social service. Of
the six (06) members from the basic public, two (02) members shall be girls.

(4)        Secretary,
Ministry of Information and Broadcasting, Secretary, Interior Division,
Chairman, Pakistan Telecommunication Authority and Chairman, Federal Board of
Revenue and Chairperson Competition Commission of Pakistan shall be the ex-officio
members.

            (5)        The members shall obtain such charge and
bills for every assembly as could also be prescribed.

            (6)        A member, aside from an ex-officio
member, shall be deemed to have vacated his workplace if he absents himself for
three consecutive conferences of the Authority with out the go away of the Authority.

7.         Tenure of members. – (1) The Chairman and
members, aside from ex officio members, except earlier eliminated for
misconduct or bodily or psychological incapacity, shall maintain workplace for a interval of
4 years and shall not be eligible for re-appointment

Provided that the
Chairman and a member shall retire on attaining the age of sixty-five years.

            Explanation. –  For the functions of this part the
expression misconductmeans conviction for any offence
involving ethical turpitude and consists of conduct prejudicial to good order or
unbecoming of a gentleman.

            (2)        The Chairman or a member could, by
writing below his hand, resign from his workplace. The President or the Federal
Government could take away the Chairman or a member from his workplace if he’s discovered
unable to carry out the features of his workplace attributable to psychological or bodily
incapacity or to have dedicated misconduct.

            (3)        In case of a emptiness occurring attributable to
the dying, resignation, retirement or elimination of any Member of the authority
together with Chairman, the Federal Government shall appoint one other certified
particular person inside a interval not exceeding three months from the date the emptiness
occurred as Chairman or member.

(4)        The federal Government could appoint an
appearing chairman out of the 4 fulltime members of the authority for a most
interval of three months to carry out everyday features.

8.         Meetings of the Authority, and so on. (1) The Chairman or,
in his absence, the member elected by the members for the function, shall
preside at a gathering of the Authority. 

(2)        One-third
of the complete members shall represent a quorum for conferences of the Authority
requiring a choice by the Authority.

(3)        The
members shall have cheap discover of the time and place of the assembly and
the issues on which a choice by the Authority shall be taken in such
assembly.

(4)        The
choices of the Authority shall be taken by the majority of its members
current, and in case of a tie, the member presiding a gathering shall have a
casting vote.

(5)        All
orders, determinations and choices of the Authority shall be taken in
writing.

9.         Remuneration, of Chairman and members. – (1) The Chairman
and members shall be paid such emoluments as the Federal Government could
decide and shall not be various to their drawback throughout their time period of
workplace.

10.       Chairman and members to not have interaction
themselves in sure enterprise, and so on.

(1)        The Chairman or a member shall not,
throughout his time period of workplace, have interaction himself in every other service, enterprise,
vocation or employment, or enter into the employment of, or settle for any advisory
or consultancy relationship with any particular person or entity engaged in making use of for a
license from the Authority or working any media associated enterprise inside the
purview of the Authority or in offering providers or merchandise to the Authority
on any of the initiatives, schemes, proposals or plans undertaken, executed or
supervised by the Authority or any associated enterprise of such aforesaid particular person
or entity. The Chairman or member shall not have any direct or oblique
monetary curiosity or any connection which could moderately be seen as giving
rise to a battle of curiosity with any particular person, entity or associated below taking
concerned in any regulated exercise.

(2)        The
Chairman or member shall neither, for so long as he holds workplace and for a
interval of two years thereafter, search or maintain any workplace or employment nor
purchase or buy (whether or not in his title or in any other case) any curiosity in any
firm, company, partnership, belief, agency or firm carrying on enterprise
in any regulated exercise or the enterprise of offering consultancy or advisory
providers any particular person enterprise any regulated exercise.

11.       Officers, staff, and so on. – (1) To perform the
functions of this Ordinance, the Authority could, now and again, appoint
members of its workers, consultants, consultants, advisers and different officers and staff
on such phrases and situations as it might deem match.

            (2)
       The Authority shall prescribe by
laws the process for appointment, promotion, termination and different
phrases and situations of employment of individuals employed below sub-section (1).

12.       Officers, and so on. deemed to be public
servants
. – The Chairman, members, members of its workers, different officers and
staff of the Authority shall be deemed to be public servants inside the
that means of part 21 of the Pakistan Penal Code (Act XLV of 1860).

13.       Delegation. –   The Authority could, by basic or particular
order, delegate to the Chairman or a member or any member of its workers, or an
professional, advisor, adviser, or different officer or worker of the Authority any
of its powers, duties or features below this Ordinance as it might be
prescribed:

            Provided
that the delegation of such energy shall not embrace the energy to grant, problem,
renew or revoke or cancel a nationwide media license besides regional, native or
district stage licenses or registration certificates.

14.       Directorates of Authority: To perform the
function of the Ordinance, the Authority shall put up (03) full
time government members from Information Group officers of Grade 20 and above,
who will likely be heading the Electronic Media, Digital Media and Print Media Wings
for execution of the Ordinance. Brief of 
 directorates is given under:

  • Electronic Media Directorate: This directorate shall be liable for
    finishing up all features for regulating the institution, operation,
    upkeep and enforcement of digital media. The actions shall, inter
    alia, embrace licensing, holding bidding for the grant of licenses, renewal of
    licenses, formulation of eligibility standards for licenses, initiation of authorized
    actions for violation of any provision of the Ordinance, willpower of charge
    & tariff together with charge for grant of license, annual charge, renewal charge,
    variable charge together with % of annual gross income or gross commercial
    income, holding of public and private hearings, imposition of positive,
    confiscation and seizure of gear utilized in unlawful operation and different such
    duties.
  • Print Media Directorate: This directorate shall be liable for
    finishing up all features for regulating the institution, operation,
    upkeep and enforcement of print media. The actions shall, inter alia,
    embrace registration, audit of circulation, formulation of eligibility standards
    for registration, central media listing, initiation of authorized actions for violation
    of any provision of the Ordinance, willpower of charge & tariff together with
    charge for grant of registration, annual charge, renewal charge.
  • Digital Media and Films Directorate: This directorate shall be liable for
    finishing up all features for regulating the institution, operation,
    upkeep and enforcement of digital media and granting NOC for exhibition,
    capturing and manufacturing of movies. The actions shall, inter alia, embrace
    licensing, holding bidding for the grant of licenses, renewal of licenses,
    formulation of eligibility standards for licenses, registration, NOC,  and rankings, initiation of authorized actions for
    violation of any provision of the Ordinance, willpower of charge & tariff
    together with charge for grant of license, NOC,  annual charge, renewal charge, variable charge
    together with % of annual gross income or gross commercial income,
    holding of public and private hearings, imposition of positive, confiscation and seizure
    of gear utilized in unlawful operation and different such duties.
  • The Authority may additionally arrange different
    sub-directorates or wings inside every directorate to successfully perform its
    features. These sub-directorates or wings could embrace licensing, enforcement,
    authorized, administration, human useful resource, finance, audit, technical or
    engineering, monitoring and different such wings
    .

15.       Fund. – (1) There shall be established a fund
to be often known as “PMDA Fund” which shall vest in the Authority and shall be
utilized by the Authority to fulfill fees in reference to its features
together with cost of salaries and different remunerations to the Chairman, members,
staff, consultants and consultants of the Authority.

            (2)        The Fund shall consist of. –

  • Seed cash by the Federal Government;
  • License / registration certificates,
    declaration and NOC, utility processing charges, annual charges together with mounted
    charge and such share of gross income or gross commercial income as
    decided by the Authority now and again, renewal charges and such different charges
    as could also be prescribed in reference to varied classes of media licenses;
  • loans obtained with the particular or
    basic sanction of the Federal Government;
  • overseas support obtained with approval of
    and on such phrases and situations as could also be permitted by the Federal Government;
    and
  • all different sums acquired by the
    Authority from every other supply.

(3)        The
Authority could open and function a number of accounts in native, or                                overseas foreign money,
in any scheduled financial institution

(4)        The
Authority could make investments its funds in such investments as it might, from time                       to time, decide.

(5)        The authority will dedicate a sizeable
share of funds on media literacy,                               enhancing
abilities and technical knowhow of customers and media individuals.                   Funds may also be utilized
for enhancing capabilities of media entities in                                   analysis and buying progressive
strategies in manufacturing. The Authority                    will
additionally encourage and facilitate native media shops to showcase their                                media contents globally.

16.       Budget. – 
The Authority shall, in respect of every monetary yr, put together its personal
funds and submit it to the Federal Government three months earlier than the
graduation of each monetary yr for info.

17.       Accounts and Audit. – (1) The Authority
shall keep full and correct books of accounts of its precise bills
and receipts in such type as the Federal Government could, in session with
the Auditor General of Pakistan, decide.

            (2)        The Authority shall trigger to be carried
out audit of its accounts by a number of auditors who’re chartered accountants
inside the that means of the Chartered Accountants Ordinance, 1961 (X of 1961).

            (3)        Notwithstanding the audit supplied in
sub-section (2) the Auditor-General shall have the energy to audit or trigger to
be audited the accounts of the Authority.

18.       Annual report. –  The Authority shall compile and submit an
annual report on its operations and accounts for every monetary yr to the
President of Pakistan and shall additionally prepare for its publication and circulation
to the media and the public.

19.
Categories of licenses, registration certificates, declaration and No Objection
Certificates. –
(1) The Authority shall problem licenses for digital, print and
digital media in the following classes, particularly: –

(i)         National scale;

            (ii)
       Provincial and regional;

            (iii)       District and Tehsil stage;

(iv)       Local Area and Community based mostly;

  •       (iv)       Specific and specialised topics;

            (v)        International scale focusing on international locations
overseas;

(vi)       Other classes as the Authority could
prescribe now and again.

            (2)        The Authority could additional sub-categorize
the classes laid out in sub-section (1) as it might deem match, similar to information
& present affairs, entertainments, sports activities, regional language, training,
agriculture, well being, specialised topic, children, journey & tourism, science
and expertise and so on.

20.       Licenses, Registration Certificates,
declaration and NOC for media providers and movies :
(1) The Authority
shall have unique proper to problem licenses for the institution and operation
of all digital, print and digital media providers, supplied that this
unique proper shall be utilized by the Authority in conformity with the
rules of equity and fairness utilized to all potential candidates for
licenses whose eligibility shall be based mostly on prescribed standards notified in
advance.

            Provided
that the bidding shall be held for particular licenses of digital media as could
be prescribed by the Authority in case the place the quantity of functions exceeds
the quantity of licenses to be issued by the Authority.

(2)        No particular person
shall have interaction in media service besides after acquiring a license/ registration
certificates and declaration and NOC below this Ordinance.

(3)        Every
license/ registration certificates, declaration and NOC shall be topic to such
phrases and situations as could also be prescribed.

            (4)        The Authority shall have the energy to
decide quantity of licenses/ registration certificates to be issued in every
class or sub-category of media providers and cost charges at such charges as the
Authority could repair now and again for the grant of a license/ registration
certificates, utility processing charge, annual charges together with mounted charge late
cost charge and such share of gross income charge or gross commercial
income as decided by the Authority now and again, renewal charges and such
different charges as could also be prescribed now and again.

            (5)        The Authority shall devise a Code of
Conduct for programmes and commercials for compliance by the licensees or
registration certificates.

21.       Terms and situations of license or registration
certificates or declaration or NOC. – Every
license or registration certificates or declaration or NOC below this Ordinance
shall include phrases and situations which can, inter alia, embrace –

  • Conditions requiring the licensee registration
    certificates or declaration or NOC  to
    guarantee preservation of the sovereignty, safety and integrity of the Islamic
    Republic of Pakistan;
  • Conditions to make sure preservation of
    the nationwide, cultural, social and spiritual values and the rules of
    public coverage as enshrined in the Constitution of the Islamic Republic of
    Pakistan;
  • Conditions to make sure that all
    programmes and commercials don’t include or encourage violence, terrorism,
    racial, ethnic or spiritual discrimination, sectarianism, extremism, militancy,
    hatred, pornography, obscenity, vulgarity or different materials offensive to
    generally accepted requirements of decency;
  • situations requiring the licensee to
    adhere to the provisions of this Ordinance and the guidelines and laws made
    thereunder;
  • situations requiring the licensees to
    pay the charges together with license charge, annual charges together with mounted charge and such
    share of gross income or gross commercial income as decided by the
    Authority now and again, renewal charge and such different charges as could also be
    prescribed now and again.
  • Conditions requiring the licensee to
    embrace in its every day transmission, broadcast, publication, programmes or
    info in the public curiosity specified by the Federal Government or the
    Authority in the method indicated by the Government or, as the case could also be, the
    Authority, supplied that the period of such obligatory programmes isn’t much less
    than 5 per cent of the complete period of broadcast or operation or
    publication in twenty-four hours;
  • Conditions requiring licensee to
    adjust to the codes of programmes and commercials permitted by the
    Authority and appoint an in-house monitoring Committee, below intimation to the
    Authority, to make sure compliance of the Code;
  • Conditions requiring the licensee not
    broadcast, distribute or publish something in violation of copyright Ordinance
    1962, the Intellectual Property Organization of Pakistan Act 2012 or different
    mental property proper;
  • Conditions requiring the licensee to
    receive NOC from the Authority earlier than import of any gear utilized in connection
    with any media associated exercise or operation;
  • Conditions requiring to not promote,
    switch or assign any of the rights conferred by the particular person with out prior
    written permission of the Authority;
  • Conditions requiring the licensee to
    not broadcast, distribute or make out there on-line video footage of suicide
    bombers, terrorists, our bodies of victims of terrorism, statements and
    pronouncements of militants and extremist components and every other act which can,
    in any means, promote, support or abet terrorist actions or terrorism;
  • Conditions requiring the licensee to
    be certain that no anchor particular person, moderator or host propagates any opinion or acts
    in any method prejudicial to the ideology of Pakistan or sovereignty, integrity
    or safety of Pakistan;
  • Conditions requiring the license to
    not broadcast, distribute or make out there on-line any programme inciting
    violence or hatred or any motion prejudicial to upkeep of legislation and order;
  • Conditions requiring the licensee to
    not broadcast, distribute or make out there on-line something which defames or
    brings into ridicule the Head of State, or members of the armed forces, or
    legislative or judicial organs of the state;
  • Conditions requiring the licensee to
    not broadcast, distribute or make out there on-line any programme or dialogue
    on a matter which is sub-judice and nevertheless court docket reporting could also be
    aired/publish in an informative method; and
  • Conditions requiring the licensee to
    not broadcast, distribute or make out there on-line something which is thought to
    be false or baseless or is malafide or for which there exist enough causes
    to consider that the similar could also be false, baseless or malafide.
  • No broadcast media channel/ print
    media or digital media platform will likely be entitled for public sector
    commercial until the completion of one-year continuous operation   since its official launch.

22        Consideration
of the utility for a license or Registration Certificate.
  The Authority shall take resolution on the
utility for a license or Registration
certificates and declaration or NOC
expeditiously in an open, clear,
non-discriminatory and constant method inside 100 working days which additionally
covers safety clearance proceedings.

23.       Exclusion
of monopolies and undue focus the Media Sectors.- (1) No particular person shall be entitled to the profit of any monopoly or
exclusivity in the matter of any media service or the institution and
operation of print, digital or digital media providers or in the provide to or
buy from, a nationwide broadcaster of air time, programmes or promoting
materials and all current 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 authorized impact.

            (2)        In granting a license or registration
certificates and declarationthe Authority shall be certain that open and truthful
competitors is facilitated in the operation of a couple of media providers and
that undue focus of media possession isn’t created in any metropolis, city or
space and the nation as a complete:

Provided that if a
licensee owns, controls or operates a couple of media service, he shall not
take pleasure in any apply which can impede truthful competitors and provision of
stage taking part in area.

(3)        The
Authority shall conduct market analysis each three years to find out
important market gamers in digital, print and digital media sectors and
shall problem laws or tips proscribing the grant of licenses past
a restrict in a selected media sector or prohibiting grant of licenses in
a number of or cross media sectors with a view to keep away from monopolies and undue
focus in the media sector by a single participant or few gamers.

24.       Call
for info: The Authority could name for any info,
audited monetary statements, or every other related doc required for
finishing up the functions from any particular person concerned instantly or not directly,
licensee in respect of any regulated exercise or any matter incidental or
consequential thereto.  Any particular person referred to as
upon to supply such info, paperwork or experiences shall achieve this inside the
stipulated time interval and his failure to take action shall be punishable by the
imposition of such fines as could also be prescribed.

25.       License/
registration certificates and declaration, NOC utility, issuance, refusal
and validity. – (1) Any particular person desirous of acquiring
a license/registration certificates, declaration and NOC for any media service
shall apply to the Authority in such method and type as could also be prescribed.

(2)        The Authority shall
course of every utility in accordance with prescribed standards and shall maintain
public hearings in the respective provincial capitals of every Province, or as
the case could also be, Islamabad, earlier than granting or refusing the license or
registration certificates.

(3)        Each utility shall
be accompanied by such utility processing charge as the Authority could
prescribe.

(4)        A license or
registration certificates, declaration and NOC for any media service shall be
legitimate for a interval of 5, ten or fifteen years topic to cost of the
annual charge and such different charges as prescribed now and again and topic to
compliance with the provisions of this Ordinance, guidelines or laws and
phrases and situations of license/ registration certificates.

 (5)       The Authority could renew a license or registration certificates
and declaration on such phrases and situations as could also be prescribed and in case
of refusal to resume a license or registration certificates and declaration
causes shall be recorded in writing.

26.       Certain
individuals not be granted license or registration certificates. – (1) A license or registration certificates, declaration and NOC for print,
digital media or digital media service and movies shall not be granted to—

(a)        a
one that isn’t a citizen of Pakistan or resident in Pakistan;

(b)        a overseas firm
organized below the legal guidelines of any overseas authorities;

(c)        an organization the majority
of whose shares are owned or managed by overseas nationals or firms whose
administration or management is vested in overseas nationals or firms; or

            (d)       any particular person funded or sponsored by a
overseas authorities or group                           together with
any overseas non-governmental group.

27.       Media Complaints Council. – (1) The
Federal Government shall, by notification in the official Gazette, set up Media
Complaints Council at Islamabad, the Provincial capitals, Sukkur, Multan,
Gawader , Gilgit , Muzaffarabad  and likewise
at such different locations as the Federal Government could decide.

            (2)        Each Council shall obtain, scrutinize,
examine and assessment complaints made by individuals or organizations from the
basic public in opposition to any points of information, evaluation, programmes on print,
broadcast, movies and on-line platforms or distributed by any media service
supplier established by means of a license or registration
certificates, declaration and NOC
issued by the Authority and grievance from
media staff for nonpayment of wages.

(3)        Each
Council shall consist of a Chairperson and 5 members being residents of
eminence from the basic public not less than two of whom shall be girls.

(3 a) Advisory Commission: It will likely be composed of 4 members from the
authorities, 4 members from stakeholders and chairman of the authority with
an advisory position to shortlist panels for members, chairman of Media
Complaints Councils in addition to Chairman and members of the Media
Tribunal as prescribed by the guidelines.

            (4)        The Councils shall have the powers to
summon a licensee/ registration
certificates, declaration and NOC
in opposition to whom a grievance has been made and
name for his clarification relating to any matter referring to its operation and
employment matter of the licensee.

  • The Authority shall formulate guidelines for the features and
    operation of the Councils inside 200 days of the institution of the
    Authority.
  • The council shall have powers of civil court docket in sure
    issues. – The Council shall have all the powers of a civil court docket whereas
    making an attempt a swimsuit below the Code of Civil Procedure,1908 (Act V of 1908), in
    respect of the following issues, particularly: –
  • Summoning and implementing the attendance of any particular person; and
  • Requiring the provide of any info and manufacturing of
    any doc which can be helpful for the conduct of private listening to.

            (7)        The Councils could advocate to the
Authority after receiving a grievance inside a interval of 20 days acceptable
motion of censure, positive in opposition to any media service supplier or licensee for
violation of any provision of the Ordinance or the codes of programme and
commercials for the media providers as permitted by the Authority as could also be
prescribed. The council may additionally advocate a positive in opposition to the complainant for
submitting of frivolous grievance.  

28.       Prohibition of print, digital or digital
media service and movies operation. –
The Authority shall by order in writing,
giving causes thereof with out issuing present trigger discover and affording
alternative of listening to, prohibit any particular person, print media, digital media or
digital media service operator or licensee or platform for a interval as could also be
prescribed from –

  • Printing, Broadcasting, Webcasting,
    re-broadcasting, distributing or making out there on-line any programme,
    commercial or content material whether it is of the opinion that such explicit
    programme, commercial  or content material is
    in opposition to the ideology of Pakistan or is more likely to create hatred amongst the individuals
    or is prejudicial to the upkeep of legislation and order or is more likely to disturb
    public peace and tranquility or endangers nationwide safety or is pornographic,
    obscene or vulgar or is offensive to the generally accepted requirements of
    decency, this shall additionally apply to overseas broadcast having touchdown rights of
    the Authority or any digital media service working from overseas however with
    Pakistan as goal market and working below a license of the Authority; or
  • partaking in any apply or act which
    quantities to abuse of media energy by means of harming the authentic pursuits of
    one other licensee or willfully inflicting harm to every other particular person.

29.       Giving airtime to any overseas broadcaster
or media service operator. –
The digital media licensee of the
Authority shall not enter into an settlement with any overseas broadcaster to
promote its air time or in any other case present its air time to a different overseas
broadcaster or any media service operator with out prior written permission of
the Authority.

30.       Suspension
of any media service operation. –  An digital, print or digital media licensee shall not stop or
droop its operation throughout the validity of its license besides on account of pressure
majeure or with the prior approval by the Authority.

31.       Issue
of enforcement orders, imposition of penalties, inspections of any media
licensee- (1) The Authority, or the Authorized Officer could
examine the premises of any media licensee or registered entity, declaration and
NOC for functions of inspection to make sure compliance with the provisions of this
Ordinance, the guidelines and laws made there below or the phrases &
situations of license or registration.

(2)        The premises of any
media licensee or registered entity, declaration and NOC shall, in any respect
cheap occasions, be open to inspection by the Authority or any officer below
sub-section (1) and the licensee shall present such officer with each
help and facility in performing his duties.

(3)        The approved officer
below sub-section (1) shall, inside forty-eight hours of the inspection, submit
his inspection report back to his officer and advocate such actions as could also be
required below the Ordinance, the guidelines or laws made there below or the
phrases and situations of license or registration.

            (4)        The
Authority or the approved officer could undertake any investigation in any
matter with regard to its features and to hunt any particular info, from
any particular person, which the Authority could deem helpful with a purpose to allow it to
decide and dispose of such matter.

            (5)        The Authority or the approved officer
after issuing a present trigger discover to any media licensee or registered entity
and declaration, could seize its gear, or seal the premises, which is being
utilized in contravention of the provisions of this Ordinance or the guidelines or
laws made there below or phrases and situations of license or every other
legislation:

            Provided
that the gear shall be returned to the holder of a legitimate license or
registration after imposing on him such penalty as the Authority or the approved
officer could decide inside the limits prescribed by the Authority:

            (6)        Where a licensee contravenes any
provision of this Ordinance or the guidelines or laws made thereunder or any
time period and situation of the license or registration, the Authority, Chairman or
any of its officers not under the rank of director could by a written discover
require the licensee or
registered entity, declaration
and NOC to point out trigger inside seven days as
to why an enforcement order is probably not issued. This shall be adopted by an
alternative of listening to to be carried out by a committee constituted by the
Chairman headed by an officer not under the rank of a Director General
comprising officers from the enforcement, licensing, authorized and every other such
directorate or sub-directorate of the Authority as could also be required.

(7) The discover referred to in sub-section (6) shall specify the nature
of the contravention and the steps to be taken by the licensee to treatment the
contravention.

(8) Where a licensee or registered entity, declaration and NOC fails
to—

(a) reply to the
discover referred to in sub-section (6); attend listening to on the date laid out in
the discover or

(b) fulfill the
committee constituted by the Chairman for listening to in sub-section (6) above
about the alleged contravention; or

(c) treatment the
contravention inside the time allowed in the discover referred to in sub-section
(6) above, the Authority or the Chairman could on the advice of the
committee, by an order in writing — (i) levy positive which can prolong to 25
million rupees.

32.       Dues
to be recovered as arrears of land income. – All charges, dues
together with excellent license charge, annual renewal charge, late cost charge or any
different fees together with positive as imposed by the Authority or the Chairman or any
of its officer shall be recoverable as arrears of land income.

33.       Power
to range or modify the license or registration or declaration or NOC situations.
—  The Authority shall
have the energy to range or modify a licence or registration certificates, declaration
and NOC and its phrases and situations on the request of the licensee or
registered entity, declaration and NOC on cost of such charge as could also be
prescribed. 

34.       Power to droop or revoke the license or
registration certificates, declaration or  NOC e. –
(1) The Authority or the Chairman could
revoke or droop the license or registration
certificates  declaration, NOC
of
Print media, digital media, broadcast media or movies or distribution service by
an order in writing on a number of of the following grounds, particularly: –

  • the licensee or registered entity, declaration and NOC has didn’t pay
    the license charge, annual renewal charge or every other fees together with positive, if
    any;
  • the licensee or registered entity, declaration and NOC has contravened any provision
    of this Ordinance or guidelines or laws made thereunder or an order handed
    below part 28;
  •  
  • the licensee or registered entity, declaration and NOC has didn’t comply
    with any situation of the license; and
  • the place the licensee or registered entity, declaration and NOC is an organization, and
    its shareholders have transferred a majority of the shares in the issued or
    paid up capital of the firm or if management of the firm is in any other case
    transferred to individuals not being the unique shareholders of the firm at
    the time of grant of license or registration certificates, with out written
    permission of the Authority.

(2)        The Authority could range any of the phrases
and situations of the license or registration certificates, declaration and NOC the place
such variation is in the public curiosity.

(3)        Except for cause of necessity in the
public curiosity a license or registration certificates, declaration and NOC shall
not be various or revoked below sub-section (1) or sub-section (2) except the
licensee has been given cheap discover to point out trigger and a private listening to.

(4)        License of a broadcast media and
registration certificates for print and digital media could also be suspended on any
of the grounds laid out in sub-section (1) by a duly constituted committee comprising
members of the Authority.

(5) Notwithstanding
something contained in sub-section (5) of part 29 or every other provision of
this Ordinance, the place the Authority takes motion below sub-section (3) with out
discover by cause of necessity in the public curiosity, the Authority or the
Chairman, as the case could also be, could order in writing direct to grab the
gear of media station or seal the premises of the licensee:

Provided that in a
state of affairs of emergency the Authority or the Chairman could direct closure of any
broadcast or distribution community for such interval as it might decide.

35.
Tribunals. – (
1) The President could, by notification in the official Gazette, set up
Media Tribunal and the federal authorities shall specify the territorial limits
inside which every such Tribunal shall train jurisdiction below this
Ordinance. The Tribunal has all such powers together with the contempt.

(2) A Tribunal shall consist of–    Ten members together with a Chairman. The
Chairman of the Tribunal shall be an individual who has been, or is, certified to be
a choose of High Court. The President shall appoint the Chairman. Other members
shall be appointed by the federal authorities from amongst residents of eminence
and studying having substantiated expertise in media, movies, cyber safety,
finance, human rights and legislation. The Advisory Commission comprising
of 4 members from the authorities, 4 members from stakeholders and
chairman of the authority shortlist panels for Chairman and members of the
Media Tribunal as prescribed by the guidelines.

(3) The Chairman and members of a Tribunal
shall be appointed on such phrases and situations as be prescribed by the federal
authorities.

(4) The Chairman or a member of a Tribunal
could resign his workplace by writing below his hand addressed to the President.

(5)
Benches of the Tribunal.
– (1) The powers and features of a Tribunal could also be
exercised or carried out by Benches consisting of not lower than two members of
Tribunal, together with the Chairman, constituted by the Chairman.

(2) If the members of a bench differ in
opinion as to the resolution to be given on any level,

(a)      the level shall be determined in line with
the opinion of the majority;

(b)      if the members are equally divided and the
Chairman of the Tribunal isn’t himself a member of the bench, the case shall
be referred to the Chairman and the resolution of the Tribunal shall be expressed
in phrases of the opinion of the Chairman;

           and

(c)      if the members are equally divided and the
Chairman of the Tribunal is himself a member of the bench, the opinion of the
Chairman shall prevail and the resolution of the Tribunal shall be expressed in
phrases of the opinion of the Chairman.

(6) Powers of Tribunal: 

a)        To determine the appeals
filed any particular person in opposition to the order or resolution of the Media Complaints Council
or authority.

b)       To implement wages for
print, broadcast and digital media individuals. Tribunal may also oversee their
employment {and professional} associated points with media staff.

c)        To train such management
and disciplinary powers over the members and staff of the tribunal as could
be prescribed

d)       To levy and assortment of
charge for submitting of an enchantment as could also be prescribed

e)        To make laws for
the easy functioning of the tribunal

36.       Appeal
earlier than Tribunal. – 
Any particular person aggrieved by any resolution or order of the Authority could,
inside (30) thirty days of the receipt of such resolution or order, an enchantment to
the tribunal established by the Federal Government inside whose territorial
jurisdiction the proceedings have been held and impugned order was handed and
Tribunal shall determine the enchantment inside a interval of 45 (forty-five) days.

37. Jurisdiction of courts barred-. Save as in any other case supplied by this Ordinance, solely Supreme Court
of Pakistan shall have jurisdiction to query the legality of something performed
or resolution or any motion taken below the ordinance.

38.       Up linking Facilities. – (1)   No particular person shall perform up linking,
broadcasting or newsgathering with no legitimate teleport or satellite tv for pc TV license
or short-term uplinking permission of the type the Authority;

(2)        The Authority could, topic to
achievement of such situations, as could also be prescribed, problem permission in
writing to any celebration to hold out short-term uplinking from a floor
transmission facility to a satellite tv for pc with a purpose to transmit any programme inside
or outdoors Pakistan.

39.       Power
to grant exemptions.-  The Authority could grant exemptions from any provisions of this
Ordinance, the place the Authority is of the view that such exemption serves the
public curiosity and the exemptions so granted 
shall be supported by recording the causes for granting such exemptions
in writing supplied that the grant of exemptions shall be based mostly on tips
and standards recognized in the laws and that such exemptions shall be
made in conformity with the rules of equality and fairness as enshrined in
the Constitution.

40.       Offences and penalties. – “(1) Any licensee
and registered entity, declaration and NOC holder or one that violates or
abets the violation of any of the provision of this Ordinance shall be responsible
of offence punishable with imprisonment for a time period which can prolong to 3 years
or with a positive which can prolong as much as two 
twenty 5 million rupees or with each.

(2).  Where any
licensee and registered entity, declaration NOC holder or one that repeats
the violation or abetment, such particular person shall be responsible of offence punishable
with imprisonment for a time period which can prolong to 5 years or with a positive
which can prolong to TWO Twenty-five million rupees or with each.

            (3)        Where
the violation, or abetment of the violation of any provision of this Ordinance
is made by an individual who doesn’t maintain a license, or registration certificates, declaration
and NOC such violation shall be punishable with imprisonment for a time period which
could prolong to 5 years, or with positive upto two twenty-five Million, or with
each, along with the confiscation of the gear utilized in the fee
of the act.

            (4)        Whosoever damages, removes, tampers with
or commits theft of any gear of a media station, printing press or system,
cinema homes  licensed by the Authority,
together with transmitting, broadcasting, uplinking equipment, receivers, boosters,
converters, distributors, antennae, wires, decoders, set-top containers or
multiplexers, servers and so on. shall be responsible of an offence punishable with
imprisonment which can prolong to 3 years, or with positive upto two twenty 5
million , or each.

41.       Officers of Federal, Provincial and Local
Governments to help Authority. –
The officers of the Federal authorities, Provincial
Government and Local Governments together with the Capital territory police, the
Provincial Police, Federal investigation company Pakistan Telecommunication
Authority (PTA) and Competition Commission of Pakistan (CCP) shall help the
Authority and its officers in the discharge of their features below the
provisions of this Ordinance and the guidelines and laws made there below.

42.       Warrants for search.- (1) Where on
info furnished by the Authority, the space Justice of the Peace has cause to
consider that any unlicensed or unregistered  media 
service is being owned, managed or operated or its gear is being
saved or hid, it might problem a search warrant and the particular person to whom such
warrant is directed, could enter the premises the place such unlicensed or
unregistered broadcast media , print media , digital media or distribution
service is being owned, managed, operated or supplied or its gear is
being saved or hid, or perform search and inspection thereof and seize
all or any gear therein.

            (2)        Any gear of media station seized
below sub-section (1) having no ostensible proprietor shall vest with the Authority.

43.       Offences to be cognizable and
compoundable. –
The offences below part 41 shall be cognizable and compoundable.

44.       Cognizance
of offences and so on.- (1) No court docket inferior to that of a
Magistrate of the top notch shall attempt an offence punishable below this
Ordinance.

(2)        Notwithstanding
something contained in part 32 of the Code of Criminal Procedure, 1898 (Act V
of 1898), it shall be lawful for any Magistrate of the top notch to cross any
sentence approved by this Ordinance even when such sentence exceeds his powers
below the stated part 32.

45.       Offences
by firms. – (1) Where any offence below this
Ordinance has been dedicated by an individual who at the time the offence was
dedicated was in cost of, and was accountable to the firm for the conduct
of the enterprise of the firm in addition to the firm itself shall be deemed to
be responsible of the offence and shall be liable to be proceeded in opposition to and
punished accordingly.

(2)        Where the particular person responsible
of an offence below this Ordinance, is an organization, company or agency, each
director, associate and worker of the firm, company or agency shall,
except he proves that offence was dedicated with out his data, or consent,
shall be responsible of the offence and shall be liable to be proceeded in opposition to and
punished accordingly.

46.       Ordinance
overrides different legal guidelines.- 
(1)  The provisions of this
Ordinance, guidelines and laws made and licenses issued thereunder shall have
impact however something to the opposite contained in every other legislation,
rule or regulation, for the time being in pressure and any such legislation, rule or
regulation shall, to the extent of any inconsistency, stop to have any impact
from the date this Ordinance comes into pressure and the Authority shall, topic
to the provisions of this Ordinance, be solely empowered to find out the
issues in its jurisdiction as set out on this Ordinance:

Provided that –

(a)        the nationwide
broadcasters, particularly the Pakistan Broadcasting Corporation shall proceed 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 proceed to be administered below the provisions of the
Companies Act 2017; and

(b)           the provision in
sub-section (a) above shall apply to the nationwide broadcasters to the extent of
their broadcasting solely i.e. tv or radio broadcasting whereas in all
different issues falling inside the jurisdiction of the Authority, the provisions
of this Ordinance shall have the overriding impact.

(c)        Other digital media,
digital media, print media, shall henceforth be regulated by this Ordinance
besides in respects the place particular exemptions are granted by the federal
authorities.

47.       Indemnity.
–  No swimsuit,
prosecution or different authorized continuing shall lie in opposition to the Federal Government
or any Provincial Government or native authority or every other particular person exercising
any energy or performing any perform below this Ordinance or for something which
is in good religion performed or purporting or meant to be performed below this Ordinance
or any rule made thereunder.

48.       Power
to make guidelines. – (1) The Authority could, with the
approval of the division involved, by notification in the official Gazette,
make guidelines to hold out the functions of this Ordinance.

(2)        In explicit, and
with out prejudice to the generality of the fore-going energy, such guidelines could also be
supplied for all or any of the following issues, particularly: –

            (a)        to
prescribe the kinds for the licenses/ registration certificates for working,
putting in, working, or dealing in transmission, broadcast, print, digital or
distribution, publishing, webcasting, webstreaming, video on demand or any
different media associated equipment and the method by which functions for the
licenses or registration certificates shall be granted;

            (b)        to
prescribe the phrases and situations of the license and registration certificates
and declaration

            (c)        to
prescribe requirements and measures for the institution of printing press,
broadcast media stations, set up of broadcasting, distribution service, teleporting
gear, transmitters, webstreaming and video streaming, video on demand
servers and different allied gear, content material supply networks, receivers,
boosters, converters, distributors, widespread antennae;

            (d)       to
prescribe phrases and situations for the digital, print or digital media
operators who personal, management or function a couple of class of media licenses
or media enterprises; and

            (e)        to
outline the circumstances constituting undue focus of media possession
and abuse of powers and anti-competitive practices by media firms in
session with Competition Commission of Pakistan

49-(1) Repeal and Saving. -The Press Council Ordinance ,2002, The Press, newspaper, information
Agencies and books Registration Ordinance,2002, Newspaper Employees (Conditions of Service) Act 1973, Pakistan Electronic Media Ordinance 2002 as amended by PEMRA Amendment
Act 2007 and The Motion Pictures Ordinance 1979 are hereby repealed. All
moveable and immovable property, monetary financial savings and liabilities of the of the
above abolished organizations shall be transferred to PMDA. The Federal
Government will retain solely shortlisted officers and officers from the above
organizations purely on advantage, qualification and related expertise for
Pakistan Media Development Authority and the remaining will likely be positioned in
surplus pool.

(2)  Notwithstanding the repeal of stated ordinances,
acts, with out prejudice to the provision of part 24 of the General Clauses
Act, 1987, something performed, appointments made and the phrases of appointment
already mounted, notifications, guidelines and laws made, licenses issued,
kinds prescribed, proceedings commenced, or motion taken below that the stated
ordinances, acts shall, as far as they aren’t inconsistent with the provisions
of this Ordinance, proceed in pressure and be deemed to have been made, issued or
taken below the provisions of this ordinance.

50. Application
to current licensees, NOCs, Declarations, Registration certificates and
operations: — (1) Notwithstanding something
contained on this Ordinance, all individuals lawfully carrying on regulated
actions instantly earlier than the graduation of this Ordinance shall be
deemed to be validly carrying on such regulated actions pursuant to this
Ordinance:

51.       Removal
of difficulties. –  If any issue arises in giving impact to the provisions of this
Ordinance, the Authority could make such order, not inconsistent with provisions
of this Ordinance, as could seem to it to be obligatory for the function of
eradicating the issue.

President

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