Why do defence analysts need ISPR clearance to appear on TV, asks IHC

ISLAMABAD: The Islamabad High Court (IHC) has directed the Pakistan Electronic Media Regulatory Authority (Pemra) to produce the original noting file on the basis of which the notification about defence analysts’ eligibility was processed, recommended and issued, and asked why Pemra felt the need to issue the impugned notification.

The court asked the federal law officer what the legal standing of the ISPR is, and on what basis the ISPR assumes its exclusive right to determine who can be a defence analyst in Pakistan. The IHC directed the law officer to assist the court in this regard.

Justice Babar Sattar heard a petition filed by Colonel (retd) Inamul Rahim Advocate, who has challenged Pemra’s notification of April 4, 2019, to allow only retired army officers to analyse defence matters on TV channels after seeking prior clearance from the ISPR.

The court issued a written order of hearing in which the Ministry of Defence was asked to reply why the ISPR assumes its exclusive right to determine who can be a defence analyst in Pakistan, and what the ISPR’s legal standing is. The court asked Pemra’s counsel what pre-clearance of individuals providing content on TV has to do with the sovereignty or the security of Pakistan, and how Pemra can impose a prior restraint on speech.

Pemra’s counsel referred to Section 20 of the Pemra Ordinance, saying that this provision deals with the responsibility of TV channels to protect national security, integrity and sovereignty. The court asked Pemra’s counsel why it felt the need to issue the impugned circular, and if any request for such purpose was received from any sources within the armed forces or by the ISPR. Pemra’s counsel sought more time to file comments on the queries. According to the petitioner, Pemra has also set the condition of ISPR clearance for analysts on defence-related issues.