ISLAMABAD: The Supreme Court has issued a landmark judgement that upholds the right to freedom of expression and information, observing that offensive material that challenges commonly accepted standards of decency is also protected under the law.
The ruling came in response to a petition filed by the Pakistan Electronic Media Regulatory Authority (PEMRA) against ARY TV over the broadcast of a drama, Jalan, which had drawn complaints from citizens who found it immoral and against cultural values.
The TV regulator had initially prohibited the serial from being aired, prompting the station to appeal to the Sindh High Court (SHC), which ruled in their favour. The Supreme Court has now rejected PEMRA’s appeal and ruled that they must refer to the council of complaints before taking any action against objectionable content.
Section 26 of the PEMRA Ordinance, 2002 requires the establishment of councils of complaints at Islamabad, provincial capitals and other places, consisting of a chairperson and five members, at least two of whom must be women.
The court also clarified that the community’s tolerance level determines what is obscene or vulgar and that “commonly accepted standards of decency” must be interpreted as the prevailing contemporary social norms and sensibilities.
The judgement said that an objective assessment of the play or drama as a whole should be carried out, rather than picking and choosing its parts, and that only the excessively obscene part of a program should be prohibited from broadcasting while allowing the rest to air after being modified.
