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Pakistan Electronic Media Regulatory Authority Rules, 2009

Article · September 2020

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Mazhar Fareed
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Pakistan Electronic Media Regulatory
Authority Rules, 2009
Title and Instigation
Pakistan Electronic Media Regulatory rules are section 39 under Pakistan Cyber Law Act. This
act was approved in 2009 by the Federal Government. Here we will discuss all rules and
regulations under this act. We will also discuss how can someone grant a license from the
government for uploading content on social media and electronic media.

Categories of License
1. The Authority determines the selection criteria under categories and subcategories as
described in section 18 of the ordinance.
2. If channels want to publish international content, then they have must consider
international broadcasting including satellite televisions.
3. The authority also grants permission for in house production under specific terms and
conditions.

Duration & Renewal Procedure

1. The minimum License duration is 5 years and the maximum duration is 15 years.
2. They have to must meet the terms and conditions during this time. Otherwise, PEMRA
can cancel their license.
3. They also have to pay monthly or weekly charges according to their categories. Other
charges like fine fees, etc. should be submitted to the Authority under the time limit.
Otherwise, the Authority takes action against channels.
4. They also have the right to cancel licenses at any time due to not fulfill terms and
conditions.

Application for Licensing & Broadcasting

1. Any person who must have to fulfill criteria in any category and sub-category can submit
an application form to Authority.
2. After this, the Authority forward a request for frequency allocation to Frequency
Allocation Board through Pakistan Telecommunication Authority.
3. After frequency allocation, the Authority issue license to the channel or board.
4. This person has to pay an application form a non-refundable fee along with required
documents to the authority.

Criteria for evaluating license application

For the grant of a license, the application passes through the following criteria.
1. Records
 2. Credibility
3. Public interest Value
4. Technical strength
5. Financial value
6. Financial stability
7. The majority of management must be Pakistani citizens
8. The majority of shareholders must be Pakistani citizens
9. New technology standards
10. Technical progress record
11. Unique features than existing ones
12. Market knowledge
13. Contributions to national and international platforms
14. Contributions in other economic and social platforms

Security and fee deposit

1. Applicants must have to submit the security fee and application license fee for the grant
of license within the period given by the Authority. After one year of licensing, if the
applicant fulfills the criteria and authority is gratified with channel performance, then the
applicant can withdraw his security fee.
2. Authority set a specific time and specific fee on all categories of licensing.

Grant of license
1. It’s necessary for every applicant to strictly follow all terms and conditions given by the
authority.
2. The comments of the provincial government are also considered by the authority for
issuing the license.
3. The applicant only is eligible if he fulfills criteria set by ordinance, he deposits all
security fees and license fee prescribe be the authority. Then authority makes discussion
for issuing of the license.
4. The authority has the right to refuse or cancel the license at any stage if they find
personal interest over public interests for the applicant.
5. If the number of applicants increases, the number of licenses. Then authority plan for
open bidding for applicants. Forbidding, the applicant must have to fulfill the criteria.
6. The decision period is a maximum of 100 days for authority including the time of
allowance of frequency for broadcasting and clearance for the interior ministry.

Subscription fee
1. The authority has the right to revise the subscription fee for standard on a formal
notification.
2. Authority charges subscription fees annually based on their subscribers from the channel.
But this fee did not charge an extra fee as the maximum limit is set by the authority
3. The license holder has 30 days’ time period to notify the revised fee to their subscribers
after notifying by the authority.
Decode fee
1. The authority has set the maximum decoder fees for subscribers of the license holder.
2. The license holder cannot charge more fees which are decided by the authority.

Expiry of the license and renewal policy of license.

1. If the licensee does not want to renew the license, then he must record the reason in
written form.
2. The license holder has to apply 6 months before the ending date of the current license
date for the renewal of the license.
3. For the renewal of the license, the authority analysis the previous performance or license
holder.
4. For the renewal of the license, applicants must fulfill all terms and conditions or value the
public interest from time to time.
5. The opinion of the relevant government and council also matters for the authority of the
renewal of the license.
6. At the time of renewal, the applicant must have to play the applicant fee, and it's also
necessary to clear all his remaining dues under the time limit prescribed by the authority.
7. The authority will renew the license date by the end date of the old license as a renewal
of the license.

Media ownership meditation

1. Broadcast license or landing right permission will not be grant if a licensee who operates
or own another distribution license.
2. For the betterment of society, authority certifies that fair struggle, multitude, and media
respect are endorsed in society, and the meditation of media ownership is not established.
For a director, license, owner of the channel, partner in the channel who is controlling,
functioning, more than one media originality, shall not overdo two landing right
permissions, four FM license, and four satellite TV.
3. Distribution services license permission will not b grant if a licensee who operate or own
other broadcast media license
4. If the license holder desires to invest in another media enterprise, then he has to
guarantees that he had appointed another editor board and monitor by himself, also have
to hire separate management under his supremacy and keep of accounting record under
his control.

Foreign broadcasting service

1. For foreign broadcasting, applicants need to get landing right permissions of such foreign
channel broadcasting by the authority.
2. The license holder or service operator must b relay on the TV channels permission
granted by the authority.
Advertisement & programs
1. Every advertisement content and program which are broadcasting by the distributor
should fulfill the ordinance and terms and conditions prescribed by authority to the
licensee.
2. The maximum time for a continuous break in three minutes during a program and the
minimum time for two such consecutive breaks is fifteen minutes.
3. The authority issue advertisement code and standards, the advertisement should conform
to these codes and standards.
4. The program and advertisement record which is broadcast in forty-five days is necessary
to keep the data or record as prescribed by the authority.

Transfers & mergers

1. No person is being transferred which has shares in the channel without informing and
giving complete reasons to the authority. Then authority approve of that
2. The licensee cannot move or transferred to another person directly without approval of
the authority.
3. The company or enterprise can transfer only two percent share without the approval of
the authority. Otherwise, they need approval by the authority.

Account maintenance
1. Complete financial report maintenance is compulsory on the license holder.
2. As per law and Chartered Accountants Ordinance, it must apply to the license holder to
audit his financial report by a charter account.
3. The licensee has to submit this verified and audited report to the authority not far ahead
than three months after finish the fiscal year.

Operational area
1. It is the operational area's restrictions on every license holder. Authority allowed him to
work only in a specific region or specific area. The licensee cannot extend his operation
area elsewhere the limits without grant permissions by the authority.
2. Just an FM license should work in a specific city for which city they have a license for
broadcasting. They must have to follow area limits.

Savings and repeal

1. According to Pakistan Electronic Media Regulatory Authority rules, some rules are
defined and repealed by the authority in 2002.
2. All permission, rules said under the ordinance and these all rules apply to everyone
under section 39, act cyber law.
3. Application for granting the license and pending approvals shall be fulfilled the criteria
and decision under the law.
4. As per rules, fees, fines, or security deposits are applied to license under permission to
apply, renewal, or lease.
 5. The applicant applying for a license should not be involved in any crime, investigation, or
legal proceeding.

Meetings of authority
1. The licensee has to arrange a minimum of four meetings with authority over the year
according to the ordinance.
2. The authority must notify about agenda, place, time, and date at least one week before the
meeting to every member.
3. Chairman arranges a meeting for authority proposes or either some other discussions. If
more than half the members request a meeting, then the chairman must arrange the
meeting.
4. For the meeting on a very urgent basis, the authority has to notify members over call,
email, or fax.

Glossary
1. The applicant form discusses the application for allowance of license.
2. The license fee set by authority or gritty by bidding is called the license fee.
3. Subscribers are someone how to pledge to service by the licensee.
4. An authorized officer is someone professional, a counselor, the officer who has worked
under powers, and errands under the ordinance.
5. The ordinance means the Pakistan Electronic Media Regulatory Authority Ordinance.
6. Code is the standards or code of conduct under the ordinance for broadcasting.
7. The broadcasting which is uplinked from outside of Pakistan and received in Pakistan is
known as foreign broadcasting service.

Conclusion
Pakistan Electronic Media Regulatory Rules provide complete details and surety to the licensee.
This is the section under the Pakistan Cyber Law Act. This section provides details from
beginning to end about electronic media SOPs. This section provides a complete description of
an eligibility condition for media license, procedure for apply, renewal of license, advertisement
contents, and programs. This section provides the rights of electronic media in Pakistan.

Note: Errors are accepted and this research is based on my perspective, ideas, and analysis.

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