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IHC Suspends Pemra’s ISPR Clearance Rule for Defence Analysts
Justice prevails! IHC suspends Pemra's controversial rule requiring ISPR clearance for defence analysts on TV. Next hearing set for Feb 11, 2025.
ND
by News Desk
2024-12-20
IHC Suspends Pemra’s ISPR Clearance Rule for Defence Analysts

The Islamabad High Court (IHC) on Thursday suspended a 2019 notification issued by the Pakistan Electronic Media Regulatory Authority (Pemra), which mandated defence analysts to obtain clearance from the Inter-Services Public Relations (ISPR) before appearing on television programs.

The suspension was ordered by Justice Babar Sattar during a hearing where arguments challenging the notification were presented. The court's decision has temporarily invalidated the rule, pending a final judgment in the case.

Background of the Case

The 2019 notification restricted the role of defence analysts on television to retired armed forces personnel and required their prior clearance by the ISPR. The policy faced criticism from media and legal experts, who viewed it as an infringement on media freedom and freedom of expression.

During the hearing, Justice Sattar questioned the federal government’s rationale for granting the military's media wing the “exclusive right” to decide who qualifies as a defence analyst.

Court’s Observations

The court noted that such restrictions may contravene constitutional guarantees of free speech and media independence. In the absence of Pemra’s counsel, an assistant lawyer requested an adjournment, citing the senior lawyer’s health issues.

Despite the request, Justice Sattar proceeded with the hearing and ruled to suspend the notification until a final verdict is reached. The next hearing has been scheduled for February 11, 2025.

Legal Implications

The suspension of this notification is seen as a significant step toward safeguarding media freedom in Pakistan. It challenges the notion of exclusive control by any entity over the qualification of defence analysts and raises broader questions about the regulatory authority of Pemra.

Earlier Developments

In a prior hearing on September 25, Justice Sattar had criticized the regulation, questioning how the ISPR, a military body, could assume the authority to regulate civilian discourse on defence matters. The court had asked the federal government to provide clarity on the issue.

What’s Next?

The case is expected to set a precedent for media regulations and the boundaries of institutional authority in Pakistan. Legal experts anticipate that the final ruling will address fundamental questions about the balance between regulatory oversight and constitutional freedoms.

The interim decision has been welcomed by media advocacy groups, who argue that the restriction undermines open discourse on national security and defence matters.

 

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