Cable operators offer lame excuse of security threat

 

ISLAMABAD: In response to the cable operators’ bogus excuses that they cannot show Geo because of security threats, a Jang Group spokesman has come up with a rejoinder.
The spokesman said it is a bogus excuse and a total lie. The incident in Sadiqabad was also totally stage-managed to create this excuse. No one threatens these cable operators when they show round-the-clock illegal Indian dances. No one threatens these cable operators when they show channels that have shown blasphemous content 60 times more than Geo.

The spokesman said as many as five channels also faced many court cases and police action in this regard but surprisingly, the cable operators do not receive threats for showing these channels. Even before Geo has shown it, two leading channels have already aired it many times.

The spokesman said a security threat was also raised as an excuse during the last government when cable operators suspended transmission of Geo News. The excuse of a security threat then was exposed as completely bogus when the Supreme Court of Pakistan told chairman Pemra that he could not leave the courtroom till the Geo News transmission was restored by cable operators all over the country. The result was that within three hours, Geo News’ transmission was restored all over the country.

The spokesman said cable operators, just like broadcasters, are operating on the basis of a licence that they have applied for and that Pemra has granted them. The basic term of the license is that no cable operator can itself suspend or disrupt transmission of a licensed channel unless Pemra directs it to do so. If a cable operator violates this term of licence, its licence is liable to be revoked. Even if security threat is accepted as genuine, this cannot be used as an excuse for a cable operator to violate the term of their licence by illegally suspending Geo’s transmission.

“What if a duly licensed mobile phone company suspends its mobile phone network for a week and uses security threat as an excuse when PTA wants to suspend its licence? What if a duly licensed commercial bank shuts down all its operations all over the country and uses security threat as an excuse when State Bank of Pakistan wants to suspend its licence? And what about our police that face life threat on a daily basis? Can police officers remain at home drawing the salaries on the pretext that they are facing security threats? And what about courts and honourable judges, especially those of lower courts, who are expected to try and convict dangerous criminals and terrorists?” the spokesman said.

He reminded that when Chief Justice of Balochistan High Court Qazi Faiz Isa summoned journalists and editors of all the newspapers of Balochistan and questioned them as to why they were publishing versions of terrorists, who claimed responsibility of killing policemen. When publishers of those newspapers produced before him evidence of serious threat that they are facing in Balochistan, Chief Justice Qazi Faiz Isa gave them a long summon. He said that don’t publish any newspaper if you cannot face any threat. He said if security threat is accepted as a valid excuse to break the law then there will be anarchy all over the country. The chief justice also said that if security threat is valid then he and his fellow judges in Balochistan should stop hearing cases and dispensing justice just because their lives were threatened.

The spokesman said the cable operators have decided to do their business in Pakistan within the prevailing environment. They cannot pretend that they are working in some European country. Lawyers, judges, police etc. everyone is facing security threat in Pakistan these days. This does not exempt people to just violate their legal obligation and use security threat as an excuse.

He said Geo itself received a most direct and serious threat in writing from terrorists who wanted their version and their ideology to be properly broadcasted. “Just because it received the threat, can Geo broadcast TTP’s version when it is murdering and beheading our soldiers? Will its licence not be liable to be revoked? Can any channel in Pakistan start showing TTP’s version round the clock just because it is facing security threats?”

The spokesman further said even if the threat being faced by cable operators is genuine, then it has nothing to do between cable operation (the licensee) and Pemra (the licensor) for correct and legal position is if any cable operator violates terms of its licence, e.g. by keeping transmission of Geo suspended when Pemra has directed them to show it, its licence is liable to be revoked. If a cable operator is receiving life threat because of some business dispute or professional rivalry or from some extortionist or criminals or even because of showing any channel of Geo, it is a matter between cable operator and police. If they are facing any threat then they should seek help from police and pursue remedies through law enforcing agencies. Instead of the path provided under the law they cannot just suspend valid transmission of Geo and thus violate a direction of Pemra.

The spokesman said suspension of Geo News by Pemra ended two weeks ago and Pemra has never suspended Geo Kahani and Geo Tez. Despite this, Geo News is either not being shown in 80 per cent areas of Pakistan or it has been pushed to last channels where it is difficult/impossible for viewers to find. Geo Kahani and Geo Tez are also not being shown.

He said the cable operators are deliberately refusing to show channels of Geo because they are being threatened for showing channels of Geo.The federal government and Pemra have only two options. Either what cable operators are claiming is a lie in which case they must take action against them to restore transmission of all Geo channels. Or if the federal government and Pemra believe that the excuse of cable operators regarding security threat is genuine they must make a candid public admission of it:

“a. All cable operators are liable to show Geo channels;

b. 80 percent cable operators are not showing it because some hidden force is threatening all of them from doing so;

c. There is nothing that the federal government can do about it because it simply has no writ to do anything about the people who are threatening cable operators.”

After that, at least Geo can claim compensation for the government’s failure to fulfil its obligations.

On the cable operators excuse that they are showing Geo at last numbers because it is their discretion on which number to show it and also that number of TV channels that have been licensed by Pemra is far in excess of the capacity of TV sets owned by ordinary people, the spokesman reminded that in 2010, when hearing a petition of Geo, honourable Supreme Court set up a one-member media commission to look, among other things, into the issue of shuffling and placement of channels. According to the commission report, cable operators are constitutionally required to show TV channels having nationwide viewership at starting numbers. This was a constitutional requirement and the right of the viewers. The commission also found that shuffling of channels, disrupting their signals, throwing them at last numbers etc. was illegal. The honourable Supreme Court adopted that report and made it part of its judgment.

In the latest petition of Geo News, honourable Supreme Court has once again reproduced from 2010 judgment and from the Media Commission Report and disposed off Geo News’ petition only when Pemra undertook to restore the channel to its original position. So it is not up to discretion of cable operators to decide to show Geo News at No. 3 position today and No. 93 tomorrow. According to the Supreme Court judgment each cable operator has a constitutional obligation to show Geo News and all Geo channels at their original starting numbers.

The spokesman said Pemra’s direction to cable operators also requires each licensee cable operator to restore Geo news transmission at its original position. This also shows that the discussion of their own discretion and capacity of TV set is bogus and mala fide.

The spokesman said all cable operators were showing Geo channels at certain numbers on 19th April. “Why is it that after Pemra received a complaint about Geo following attack on Hamid Mir on 19th April, cable operators are either blocking its transmission or are making every kind of excuse not to show it at its original position? Why is it all of a sudden cable operators are using excuses such as it being a matter of their own discretion and that TV sets do not have capacity to show all the licensed channels when there was no such talk before 19th April 2014?”

The spokesman said the original scheme put in place through Pemra Ordinance for regulation of electronic industry anticipated and sought to prevent this very problem by barring any broadcasters from owning or controlling a cable business and vice versa. The implementers of the scheme were aware that even if one TV broadcaster were given control over cable operation, it would use that power to damage competitors in the same way that the Geo’s competitors are doing today.

The spokesman said the real problem is that one media group that owns one news channel has purchased or, directly or indirectly, concluded a business deal with cable operators in the country while apparently cable operators are still continuing with their previous names and owners, in reality they are in the hands of one media group, the owner of which is openly boasting that Geo is finished, “I will keep Geo channels off air and because of lack of viewership they will not get any advertisements and they will go bankrupt anytime now.” The spokesman said all cable operators led by Khalid Arain are now employees of that group and they only do and say what the owner of that group instructs them to do.

Both Khalid Arain and owner of the media group use the name of hidden hands to get the Geo closed. They claim that they are acting on behalf of hidden hands. They also arrange meetings of cable operators with hidden hands.

The spokesman said if the apex court forms a commission, many secrets will come to the fore. He said the Pemra and the federal government are fully aware about the above dangerous development and are yet avoiding doing anything about it.

Geo News resumption: Cable operators continue to defy PEMRA, SC orders

KARACHI: Cable operators continued to defy the orders of Pakistan Electronic Media Regularity Authority (PEMRA) and Supreme Court pertaining to the restoration of Geo Network channels across Pakistan.

The channel’s transmission had earlier been suspended on June 6, 2014 on the complaint filed by the Ministry of Defence. A fine of Rs10 million had also been imposed on the channel.

A notification (dated June 20, 2014) issued by PEMRA states that Geo News is allowed to resume transmission at 12am on June 21, 2014, however, cable operators have claimed that they have not received any such notification and continued to defy PEMRA and Supreme Court orders.

The notification directs all the regional offices to direct distribution networks in their respective regions to begin relaying Geo News at the above mentioned time and date.

A special reference has also been made to the orders of the Supreme Court of Pakistan. The order states:

2. The grievance of the applicant, as raised by its senior counsel, was that the PEMRA was not abiding by the report of Mediator and the subsequent orders passed by this Court on it. Raja Muhammad Ibrahim Satti, learned Sr. ASC for PEMRA was present in the Court as a Caveator along with Mr. Zahid Malik, Head of Legal Department, PEMRA, and on instructions from Mr. Zahid Malik, Raja Muhammad Ibrahim Satti, learned Sr. ASC stated that the PEMRA shall abide by the terms of order dated 13.08.2012 passed in Constitution Petition No.51 of 2010, by which the report of Mr. Javed Jabbar, the Mediator, was made part of the said order and that the PEMRA will ensure that there is no shifting of the channels contrary to or in violation of the order dated 13.08.2012

The PEMRA notification directs all regional general managers to strictly comply with the above quoted orders by directing all distribution networks to restore Geo News to its original position to avoid any contempt of proceedings in the Supreme Court.

ARY News, which was suspended by PEMRA on Saturday, continued to be relayed by cable operators on their networks.

Worst-ever confrontation with judiciary by cable operators, hidden backers

 

ISLAMABAD: After the complete and shocking failure of the Pakistan Electronic Media Regulatory Authority (Pemra) to get the transmission of Geo News restored despite the clear and strict judgment of the Supreme Court and inaction of the authority against the cable operators, Geo has written a letter directly to all the cable operators, pressing them not to ridicule the orders of the Supreme Court.
In its letter, Geo has reminded all the cable operators that though Pemra has conveniently failed to get the orders of the apex court implemented, the cable operators themselves were also violating the terms of their licence by first shuffling the Geo News number and later suspending the transmission.

The channel has reminded all the cable operators that suspending the transmission of a channel was the worst violation of the Constitution and law and after the SC verdict it was tantamount to making a mockery of the institutions and the state.

Regarding the cable operators’ claim about threats to them, it is also stated that the cable operators have been either blacking out the Geo channels or shifting them to the furthest numbers since April 24, but they have never contacted the police or the authorities concerned with proof. They never gave the police any phone number from where the threats were received. The cable operators were also reminded that when in the past they changed Geo position, the Supreme Court issued strict orders to them, Pemra and the government to set the things right.

Geo has highlighted that due to mysterious reasons, the cable operators were openly confronting the apex court and were punishing the Geo/Jang Group for taking its case to the Supreme Court to get justice after operators across the country blocked the transmission of all other channels of the group, including Geo Super, Geo Tez, Geo Kahani and Geo Entertainment.

This attitude of cable operators and hidden forces backing them is the worst example of confronting the judiciary.The letter was sent to all the cable operators and also copied to Pemra, all members of the authority and the Federal Ministry of Information and Broadcasting by the legal counsel for Geo Faraz Raza.

The relevant portions of the letter are reproduced here:

1. For the last several weeks, you have been violating the terms of your license by deliberately and illegally first shuffling the channel from its normal position and then completely suspending the transmission of Geo News.

2. Our client repeatedly reported your violation of license to Pemra, requesting that Pemra must take immediate steps to have transmission of Geo News restored but Pemra illegally in violation of its statutory obligation, failed to get Geo News transmission restored at its previous position.

3. Your continued violation of your license, and Pemra’s illegal omission to have Geo News transmission restored, left our client with no option but to approach the Honourable Supreme Court of Pakistan with the grievance that Pemra is not implementing the order of Hon’ble Supreme Court of 2010 in which, relying on the Court’s appointed Mediator Mr. Javed Jabbar’s Report, Honourable Supreme Court had directed Pemra to ensure that two channels Geo News and ARY News were not shuffled from their current position.

4. On 26.05.2014, the honourable Supreme Court disposed off our client’s petition on the basis of Pemra’s counsel Mr. Ibrahim Satti and Pemra’s Head Legal Department Mr. Zahid Malik, undertaking that Pemra “shall abide by the terms of order dated 13.08.2012 passed in Constitution Petition No.51 of 2010, by which the report of Mr. Javed Jabbar, the Mediator, was made part of the said order and that the Pemra will ensure that there is no shifting of the channels contrary to or in violation of the order dated 13.08.2012.”

5. It may be noted that the illegal so-called order supposedly passed by three members of Pemra, preceded the hearing of our client’s petition in the Hon’ble Supreme Court. Neither Pemra accepted the so-called decision of three private members, nor did Pemra or any anyone else bring it to the Honourable Court’s attention at the time of hearing and the order of Honourable Supreme Court does not even mention the illegal meeting of three private members who have been announcing their decision on rival TV channels.

6. You therefore have absolutely no excuse to disobey the clear orders of Honourable Supreme Court of Pakistan.

7. However, it is shocking to note that despite the above clear direction of Honourable Supreme Court of Pakistan, you still continue to keep Geo News ‘transmission suspended without realising that it is not only illegal and a clear violation of your license, but now it amounts to contempt of court too’.

8. For your easy reference, we are producing below certain relevant excerpts of the order of the Hon’ble Supreme Court of Pakistan on a petition filed by our client and that was clubbed with a petition of ARY News, titled Shahid Masood versus The Federation of Pakistan and published PLD 2010 SCMR 1849, that the Supreme Court has now directed to be implemented:

“11. Such was then the importance attached to the obligations, inter alia, cast on the Cable T.V. Network Operators offering the distribution of services and the importance attached to the undisturbed distribution of the said services by such operators. It would also be noticed from the said provisions that:

(iii) the license of any such operator causing any interference/obstruction in the distribution of any broadcast could result in suspension or even revocation of the license granted to such an operator;’ and

(iv) such an act of interference and obstruction was also a penal offence carrying a sentence of imprisonment up to three years or a fine of rupees ten million or both and such an offence was a cognizable offence authorizing the police to arrest the accused persons without any warrant. [emphasis provided]

The reason for such weight being attached to the said business is not far to find as the same stems out of the fundamental rights of freedom of speech, expression and of press as guaranteed by Article 19 of the Constitution and equally importantly, if not more, the right of every citizen to have access to information in all matters of public importance as guaranteed by the recently inserted provisions of Article 19-A of the Constitution.

13. In this view of the matter, we find that the act of the respondent Operators of the Cable T.V. Networks blocking/obstructing the transmission of ARY News and GEO News and the consequent denial of distribution service to the said Channels and to the viewers who were paying the said operators for the said service, prima facie, was a gross violation of the terms and conditions of the licenses granted to them under sections 20 and 24 read with the provisions of sections 27 and 28 of the said Ordinance of 2002 and thus attracted penal provisions of sections 30 and 33 of the said Ordinance in respect of not only the ones committing the said violations but also those abetting the same. [Emphasis provided].

15. ... ... ... The said blockade, prima facie, was not only a denial of duty towards the law, towards Pemra and towards the two broadcasters, but was also a serious breach of the constitutional, legal, moral and financial obligations of the cable operators in question to the hundreds and thousands of subscribers who had the right to information and who had paid for their right to viewership. ... ... ...

17. Having thus examined the factual, the legal and even the constitutional aspects of the matter; the factually incorrect claims being made before us and the consequent legal violations, it is ordered, for the present, as under:

(i) .... Pemra shall ensure immediate distribution of broadcast services of Pemra licensed channels, namely, ARY News and GEO News, even if the same involves strict legal action against the delinquent cable T.V. operators, if any;

(ii) ... Pemra shall personally monitor and ensure that the transmission of the broadcast of the said two channels i.e. ARY News and GEO News is continued to be aired without any hindrance or obstruction of whatever kind.”

9. It is in view of above clear directions of Honourable Supreme Court of Pakistan that we call upon you to immediately restore transmission of Geo News on its original position at which you were showing it a month ago.

10. As, despite above clear direction of Supreme Court of Pakistan, you have illegally continued to keep Geo News off air, Pemra was required by the statute as well as under the above-quoted direction of Supreme Court to not only proceed with formalities to suspend and then revoke your license, but also to prosecute you for the offence of causing obstruction in the broadcasting of Geo News. Unfortunately, to-date, Pemra has failed to do either of the above.

11. This letter is being copied to Pemra and Ministry of Information. In case Pemra still fails to have Geo News’ transmission restored, our client shall have no option but to approach the Honourable Court for appropriate actions that may be available under law against any person who may be committing the offence of disobeying clear orders of Hon’ble Supreme Court of Pakistan or being party to an effort not to allow the Court’s order to be implemented.

12. In addition to what has been stated in this letter, it is shocking to discover that instead of complying with the direction of Honourable Supreme Court by restoring the transmission of Geo News to its original position, as if in order to punish us for approaching Supreme Court for relief or to show extra contempt to Honorable Court, you have illegally suspended the remaining channels of Geo TV network too, namely Geo Tez, Geo Kahani, Geo Entertainment and Geo Super. There could not be worse example of showing contempt to the Honorable Court.

13. Suspension of all our channels is causing huge losses to Geo TV network on a daily basis for which, apart from other legal remedies against you, we shall seek compensation from you for the financial damages that you are causing to our client by illegally suspending all the channels of Geo TV network.

Cable operators have no authority to close channels: minister

 

LAHORE: Federal Minister for Information and Broadcasting Senator Pervaiz Rashid has said the law was taken into their hands on the Geo TV issue and that cable operators have no authority to decide which channel can go on air and which cannot.
Also, he added, the army and the government stand united over the issue of national interests.

Talking to the media here on Saturday, the minister said the cable operators were not authorised to ban any TV channel and warned that strict action would be taken against those who violated the law and banned channels.

Pervaiz Rashid said the Pakistan Army is standing by the government to improve ties with India. He said it was not the army but an individual Pervez Musharraf who took the decision on Kargil and then had to go down on his knees before the then Indian Prime Minister Atal Bihari Vajpayee.

He said the army as an institution had never intervened to sabotage Pakistan-India relations and stated he was hopeful it would not be done in future.

Senator Pervaiz Rashid said we as a nation should look forward and put behind the past bitterness with India, adding that Narendra Modi had been elected by the Indian people and we respect their decision.

About the Pakistan Tehreek-e-Insaf Chairman Imran Khan’s protest call against rigging in the last general elections, he said bringing some people on the streets did not mean a protest. He said the Election Commission of Pakistan had already rejected Imran’s objections of rigging in Sargodha.

He said the government would hold a dialogue with those who wanted peace and the elements disturbing peace would be dealt with strictly.

APP adds: Pervaiz Rashid said talks with the Taliban had not ended yet, adding that few people did not want talks.

He said Pakistan could not ignore changes in its neighbourhood as it would have to deal with the new government of India, adding the elected people would formulate foreign policies for the next five years.

The minister said: “Pakistan is responsible for its deeds and India for its own and we should keep our deeds correct.”

The minister said it was unfortunate that big media houses had given ‘scissors’ in the hands of cable operators, adding cable operators could not be allowed to violate the law. “It is good news that cable operators are reverting,” he added.

The minister said Pemra had initiated action and hoped that cable operators would do their own job and let the authorities do theirs.

“People want a completion of the journey to success and prosperity and they have brought Prime Minister Nawaz Sharif to the government for it,” he added. He said no one could derail the government as such attempts remained unsuccessful in the past by some people, adding, statements of PTI Chairman Imran Khan should be ignored. “How could he criticise us when he was unable to run the KP government properly?” he added.

To a question about the transfer of the CCPO Karachi, he said Shahid Hayat was a good officer who had maintained law and order in the city and Sindh ministers had appreciated his role and it would have been better if he had remained the CCPO.

Cable operators scared of hidden forces: Sana

 

LAHORE: Journalists working for different media organisations on Thursday gathered outside the Punjab Assembly and vehemently condemned the action against Geo and vowed to protect the media freedom at all costs.
Punjab Law Minister Rana Sanaullah Khan and Punjab Assembly Deputy Speaker Sher Mohammed Gorchani expressed solidarity with the journalist community, condemned the action against Geo and warned that any action meant to curb the media freedom would eventually cause huge damage to democracy.

Speaking on the occasion, Rana Sanaullah said the Punjab government would ensure security for cable operators, but they were highly scared of some hidden forces and due to this fear, they were reluctant to continue the transmission of Geo. He said action against one TV channel would mean action against all. If the practice of threats from the cable operators to shut the transmission of any channel starts now, no other channel would be able to save itself from it in future. Sana said the media could only be regulated through laws and a code of conduct.

The law minister said journalists had exhibited remarkable unity in the struggle for free media and their present movement would also bring forth success. He also pledged complete support to the journalist community on the behalf of the PA in their struggle to protect the media freedom.

Condemning action against Geo TV, journalists from various media groups staged demonstrations in support of media freedom and showed unity in their ranks in a bid to safeguard the freedom of press.

“Ek pay Hamla, sub pay Hamla” (assault against one means assault against all) was the most chanted slogan by the journalists in the protest held outside the PA to condemn the suspension of licence of Geo TV and curbing of press freedom.

The protest was attended by Geo Lahore Bureau chief Khawar Naeem Hashmi, Pakistan Federal Union of Journalists (PFUJ) President Rana Azim, Electronic Media Reporters Association (EMRA) President Asim Naseer, PUJ General Secretary Amir Sohail, former president of PA Press Gallery Babar Dogar, PUJ Joint Secretary Shahid Naeem, Electronic News Cameramen Association (ENCA) President Waheed Butt, INP Bureau Chief Rashid Sipra besides senior journalists including Syed Shoaib-ud-Din, Moeen Azhar, Ahmed Faraz, Adnan Malik and Shaheryar Warraich.

Speaking on the occasion, Khawar Hashmi said the journalist community was united when it came to the freedom of press. He said he firmly believed that what was being done against Geo at the moment was not against any one organisation but against the entire media freedom as not Geo but the media and the democratic government of Pakistan seemed the real target in the present scenario. He said if these forces succeeded in their designs, it would be a disaster for democracy and the press freedom. Not only this, he said the freedom our media had attained due to its long struggle, if snatched this time, would not be regained. He said all of us need to realise the gravity of the situation and must protect our freedom.

Moreover, Hashmi said action against Geo and Jang would mean the economic murder of around 9,000 workers and thousands of their family members whose bread and butter had been put at stake.

He said the entire community had a very important role to play as it had to foil any conspiracy against the freedom of the press and save thousands of people from their possible economic murder. He also stated all this had been done to divert the attention of people from the heinous targeting of senior journalist Hamir Mir.

About the allegations levelled against Geo regarding the morning show hosted by Shaista Wahidi, Hashmi said Ulema from different schools of thought had clearly stated that if something had been done unintentionally, the doors of forgiveness were open on the wrongdoers. But despite that, some elements were busy in issuing decrees against us just on the basis of a grudge against Geo.

Asim Naseer, in his address, warned that the entire country would have to suffer if the present crisis led to the economic murder of journalists. He said the journalist community had gathered outside the PA but if their targeting continued unabated, they would take to the streets to snatch their rights from the usurpers. He said the incumbent government should play its role in addressing the issue and save hundreds of thousands of people from their economic murder. The journalists also chanted slogans in support of ‘Journalist Unity.’

Meanwhile, EMRA, led by its President Asim Naseer, decided to set up a camp outside the Geo offices in connection with the movement meant to protect the media freedom.