In a significant ruling, the Supreme Court determined that ‘obscene’ and ‘vulgar’ material is defined as “offensive to the commonly accepted standards of decency” and that freedom of expression and the right to information apply not only to ideas that are favorably received but also those that offend, shock, or disturb the state or any population sector.
A two-judge bench composed of Justice Syed Mansoor Ali Shah and Justice Ayesha A. Malik had taken up the case in response to a petition filed by the Pakistan Electronic Media Regulatory Authority (PEMRA) against ARY Communications Pvt Ltd, appealing a Sindh High Court order that nullified PEMRA’s punitive measures against the channel for broadcasting the drama series ‘Jalan.’
The Supreme Court dismissed PEMRA’s appeal, stating that action could only be taken after the drama series’ objectionable aspects had been referred to the complaints council.
The two-judge bench emphasized that PEMRA was required to obtain the council of complaints’ opinion on the objectionable aspects of a program and could not bypass this step.
The judgment clarified that the “commonly accepted standards of decency” in a community are the benchmark for determining if an expression in a play or drama is “obscene” or “vulgar.”
The judges also highlighted that these standards must be understood as contemporary as social mores and sensitivities evolve. They emphasized the importance of evaluating a work of art or literature, including plays or dramas broadcast on electronic media, based on the message it intends to convey rather than labeling it as “obscene” or “vulgar” without a proper appraisal.
