COC

Council of Complaints is a forum available to general public where they can lodge complaints against any aspect of programmes broadcasted or distributed by a licensee of PEMRA. Further, with the promulgation of PEMRA (Amendment) Act 2023, Councils of Complaints have been empowered to receive and review complaints lodged by the electronic media employees on non-payment of wages, salaries, dues, etc. Councils of Complaints render opinion and recommendations to the Authority for appropriate decision or order.

Legal framework with regard to Council of Complainst, jurisdiction/limitations and powers conferred is provided under Section 26 of PEMRA Ordinance 2002 as amended by PEMRA (Amendment) Act 2023. Excerpt of law is as under:

26. Council of Complaints:-

1. The Federal Government shall, by notification in the Official Gazette, establish Councils of Complaints for general public, bodies, etc. and for grievance of the electronic media employees regarding their wages, salaries, dues, etc. at Islamabad, the Provincial capitals and also at such other places as the Federal Government may determine.
2. Each Council shall receive and review complaints made by persons or organizations from general public against any aspects of programmes broadcast or distributed by a station established through a licence issued by the Authority and render opinions on such complaints.
3. Each Council shall receive and review complaints made by the electronic media employees to the extent of the following matters only, namely: -
   1. payment of minimum wages policy; and
   2. timely payment of their salaries,
   and the Council shall render opinions and recommendations on such complaints to the Authority for appropriate decision or order.
4. Each Council shall consist of a Chairperson and five members being citizens of eminence, having relevant experience and qualification as may be prescribed, from general public at least two of whom shall be women.
5. The Chairperson or members, unless earlier removed for misconduct or physical or mental incapacity, shall hold office for a term of two years and shall be eligible for re-appointment for a similar term as the Federal Government may determine:
   Provided that the Chairperson or a member may, by writing under his hand addressed to the Chairman, resign from his office:
   Provided further that the Chairperson and members shall hold honorary positions
   Explanation:- For the purposes of this section, the expression "misconduct" means conviction for any offence involving moral turpitude and includes conduct prejudicial to good order, political influence or involvement, or unbecoming of a gentleman, or absence from three or more successive meetings of the Council.
6. For the purpose of exercising jurisdiction under subsection (3) for grievances of the electronic media employees, in each Council, two non-voting honorary members shall be appointed by the division to which business of this Ordinance stands allocated, one from broadcasters and one from electronic media employees, who shall serve to that extent only.
7. The Councils shall have the powers to summon the complainant, aggrieved person and the licensee against whom a complaint has been made and call for his or its explanation regarding any matter relating to its operation.
8. The functions and operation of the Councils shall be such as may be prescribed.
9. The Councils may recommend to the Authority for imposition of a fine of not less than two hundred thousand rupees and not more than one million rupees against any individual person. The Councils may also recommend to the Authority appropriate action of censure, fine up to two million rupees in respect of a licensee. In case a licensee repeats violation, the Council may recommend the suspension of the licence or prohibition on broadcasting or rebroadcasting or distributing any programme or advertisement against a broadcast media, broadcast station or distribution service operator or person for violation of the provisions of this Ordinance, rules and regulations made thereunder or any terms and conditions of licence and code of conduct for programme content and advertisements as may be prescribed.
10. The Authority or the Chairman may refer any matter to the Council for appropriate recommendations.
11. The Council shall verify the content of disinformation on the basis of documentary evidence and make appropriate recommendations to the Authority within a period of thirty days:
    Provided that not more than two adjournments shall be entertained by the Council upon an advance application by the licensee or the complainant or any aggrieved person. In case of non- appearance by either party or non-filing of application for adjournment, the Council shall proceed with the matter on the basis of available material and record.
12. Each Council shall compile and submit the annual report of licensee regarding the compliance of Code of Conduct to the Authority.

Note: Complaint can be addressed to the Chairperson PEMRA, Director General (Operations-Broadcast Media), Chairperson (Council of Complaints), and the Regional Director/Secretary of the concerned Council.

Composition