At the outset of hearing, the bench questioned the impartiality of Pemra in taking action on violations by the electronic media, asking why no member of the Authority has been appointed yet. The bench observed that during the course of hearing of the matter it has been revealed that electronic media is being controlled through use of money, adding that special publicity fund of the government is also being used for self publicity. The court asked the Additional Attorney General for Pakistan to submit a reply in this regard.
Appearing before the bench Pemra chairman Absar Alam submitted that private television channels are bound to allocate their 10 percent time to public service messages and admitted that television channels having been violating the rule in this regard. To which, the bench directed him to submit implementation report on the time allocated for public service message through private television channels in a week.
During proceedings, Justice Ejaz Afzal Khan remarked that electronic media seems to be a money-making machine which promotes only the owners' points of view whereas Justice Qazi Faiz Isa observed that Pemra is supposed to implement its law without fear and favour.
The bench categorically said that one of the objectives to issue license to a private television channel means to educate the people and asked the Chairman PEMRA to ensure implementation of the Authority's rules in true letter and spirit. A petitioner, Asad Kharal, alleged that a media communication cell has been established under the chair of Prime Minister's daughter Maryam Nawaz in the Prime Minister's Secretariat, which has been causing a huge burden on the national kitty.
He informed the court that the cell has issued advertisements worth Rs 9 billion to print and electronic media for the self-projection of ruling party members. To which, the bench asked the AAG to submit a reply in response to Kharal's petition in a month. Appearing on behalf of a private channel, Aitzaz Ahsan urged the court to direct Pemra to allow dissimilation of advertisement relating to family planning. Justice Ejaz Afzal Khan remarked that a fast growing population is one of the biggest challenges for the country. Justice Qazi Faiz Isa remarked that televisions have been banned to disseminate advertisements of reproductive health, which is against the mother and child care norms.
Absar Alam apprised the bench that Pemra can impose a fine of one million rupees on a television channel over violation of code of conduct but at the same time, he said, his office was helpless to implement code of conduct in true sense because whenever the Pemra issues notices, television channels secure stay orders from high courts against Pemra's notices. He sought time to submit a report in this regard during next date of hearing.
Appearing in the matter, Asma Jahangir alleged that a portion of budgetary allocations for defence is being spent through Inter Service Public Relations on defaming politicians and citizens of the country. She requested the court that the ISPR should also be monitored and sought court's permission to become a party to the case. After allowing Asma Jahangir to become a party to the case the bench directed the DAG to compile a report, in a month, in response to miscellaneous appeals about allegations that government's special fund is being used on self-projection.
Former president of the Press Association Supreme Court of Pakistan Ghulam Nabi Yousafzai also appeared on behalf of the Association before the court, saying that media owners were "using" workers according to their "agendas" while media workers' health and jobs were not secure. To which, the bench issued directives to the AAG to submit in a month a detailed report after consulting with the government about a strategy for ensuring journalists rights.