After unconditional apology: SC disposes of show-cause notice to TV channels

ISLAMABAD: The Supreme Court on Thursday disposed of the show-cause notices issued to 34 TV channels after they tendered unconditional apology for airing live press conferences of independent Senator Faisal Vawda and MQM MNA Mustafa Kamal, leveling malicious and serious allegations against the judiciary, commented on judges of superior courts and spoke about sub judice cases.

A four-member bench of the apex court, headed by Chief Justice of Pakistan (CJP) Qazi Faez Isa and comprising Justice Irfan Saadat Khan, Justice Naeem Akhtar Afghan and Justice Shahid Bilal Hassan, heard the matter.

The court disposed of the matter after Faisal Siddiqui, counsel for 26 TV channels, informed the court that owners of 26 TV channels through a civil miscellaneous application (CMA) filed in the apex court tendered an unconditional apology with the assurance that such practice will not be repeated in future. The other TV channels which were also issued notices also tendered unconditional apologies and stated that they will abide by the commitment made on behalf of all through Faisal Siddiqui.

Siddiqui submitted before the court that they will also broadcast on prime time the unconditional apology tendered before the court and will abide by the commitment they have made. The counsel further submitted that the TV channels have also stated that if mechanism of self-accountability is lacking, improvement will be made, and if it came to light that any reporter of the channel gave incorrect news, then action will be taken in this regard by the management.

The court in these terms then disposed of the matter regarding the show-cause notices issued to TV channels on June 28.

Earlier, during the course of hearing on Thursday, Faisal Siddiqui, counsel for 26 TV channels, counsels for other TV channels, Pakistan Broadcasters Association (PBA) Chairman Shakeel Masud and Additional Attorney General (AAG) Aamir Rehman appeared before the court.

Siddiqui submitted before the court that his clients had tendered an unconditional apology over broadcasting contemptuous press conferences of Vawda and Mustafa Kamal, adding that their clients had left themselves at the mercy of the court. He further submitted that his clients had admitted that they had done a mistake by airing the press conferences of both lawmakers.

The chief justice asked the counsel about the stance of owners of other TV channels. At this, counsel for Talon News Zulfiqar Ahmed Bhutta and counsels for two channels came to rostrum and agreed to the stance taken by 26 TV channels and tendered unconditional apologies. The CJP asked Siddiuqi as to which was the largest media network in Pakistan. The counsel replied that Geo Network was the largest media organisation followed by ARY TV.

The AAG submitted that tendering unconditional apology in contempt cases is an admission of guilt, therefore, it can only be a mitigating circumstance for awarding of lesser punishment. He further submitted that it is a tradition of the court that when a contemnor appears before the court and tenders an unconditional apology, shows remorse and places himself at the mercy of court, then in such circumstances, the courts have always shown grace and discharged the contempt notice.

Faisal Siddiqui told the court that after it passed the order on June 28, they realised that they had done a mistake by broadcasting live press conferences of both the lawmakers. At this, Justice Isa asked the counsel if they got so inspired of the court’s order, then why they did not broadcast the court’s order. He said that if the abusive language being used at TV channels against people is used against their own families, then they will know about it. “Which society allows using abusive language,” the CJP asked, adding that you can criticise but should not spread disinformation.

The chief justice further said that they are not interested in sending somebody to jail as they also wanted a fast media. “You are destroying the country hence we don’t need outsiders to do so,” he said. “You have pointed out two aspects, including criticism and disinformation,” the CJP observed. At which the counsel replied that Pemra should be more effective. The chief justice asked the counsel whether media owners were children and Pemra should be their teacher. “People were invited to TV talks shows from both sides for criticising,” the CJP said. Justice Isa observed that in Europe, there is no concept of false reporting, adding that ARY was banned in England but here there was complete freedom of press. “You want sensational journalism and your benefit is only in spreading false news,” the CJP remarked.

Justice Isa further said that earlier the court reporters were considered as seniors but nowadays they send a reporter who does not know about court reporting. “Even we don’t have our own TV channel so that we could issue a clarification for false news,” the CJP remarked.

During the hearing, PBA Chairman and Dawn News CEO Shakeel Masud also appeared before the court and submitted their TV channel has its own board examining the news before airing it. The CJP asked as to whether the PBA also look into the affairs of YouTubers. Masud replied that YouTubers were not their members but only TV channels. “Can you teach the YouTubers morality as they should learn from senior journalists,” the CJP asked but added YouTubers might think that they know everything. The chief justice observed that press is the fourth pillar of the state and it keeps check on government and parliament as well but added that sometime true news is diminished by false news.