In its legal notice, the group — which played a role in the Pakistan Movement, in the creation of Pakistan and came into existence much before these institutions — has alleged that because of the uncalled for, baseless allegations of being traitors and furthering an anti-Pakistan agenda, more than 8,000 journalists, workers and professionals attached to the group and their families are not only being harassed but also attacked and tortured across Pakistan.

Geo and the Jang Group have served the notice on the Federation of Pakistan and the ISI through the Ministry of Defence and on Pemra and have demanded that all must publicly apologise to the group and all its workers and their families for levelling absolutely baseless, wrong and shameful allegations without any proof and endangering the lives of thousands of professionals attached with the group.
The lawyers of the Geo and Jang group have made it clear in categorical and the strongest terms in the legal notice served on the ISI and Pemra that the group shall initiate appropriate legal proceedings against all of them in a court of competent jurisdiction for direct damage to repute caused to their clients (Geo and Jang Group and its workers) and also actual losses that they are suffering on a daily basis.

The legal notice served by Geo and the Jang Group on the Ministry of Defence, ISI and Pemra on June 5, 2014 reads;“Legal notice under section 8 of defamation ordinance, 2002.”“We, on behalf and instructions of the Independent Media Corporation (Pvt) Limited (IMC), Independent Newspaper Corporation (Pvt) Limited (INCL), News Publications (Pvt) Limited (NPL), Independent Music Group (Pvt) Limited (IMG), (hereinafter referred to as ‘our clients’) are writing to address you as follows:

“1. That together all our clients along with dozens of other companies from the ‘Jang/Geo Group’, the leading electronic and print media group of Pakistan broadcasting TV channels with the highest rating namely ‘Geo News’, ‘Geo Entertainment’, ‘Geo Tez’, ‘Geo Kahani’ and ‘Geo Super’. The Jang Group also publishes newspapers having the widest circulation in Pakistan namely “Daily Jang” and “The News”.

“2. That our clients are actively involved in the field of journalism, making and broadcasting national/international news, articles, interviews, mega events and current affairs and are considered as the most reliable sources of information by the public at large and enjoy an incontrovertible, overwhelming, unequivocal and an unparalleled reputation both at the national and international level.

“3. That on 19.4.2014, one of the leading columnists and anchorpersons of Pakistan, Hamid Mir, who is associated with our clients, was attacked in Karachi. In the environment of extreme tension and under tremendous pressure of the family of Hamid Mir, our clients’ channel Geo News broadcast a statement of Hamid Mir’s brother Amir Mir.

“4. That subsequent to the above, ISI sent a complaint to the Ministry of Defence which without even providing any evidence/proof, contained baseless and untrue allegations that “Geo Network has a history of acting illegally in furtherance of anti Pakistan agenda.”

“5. That upon receipt of the complaint of ISI, the Ministry of Defence immediately without verification of the allegations levelled in it, forwarded the said complaint containing the allegations regarding our clients having a history of acting on an anti-Pakistan agenda, as it is, to Pemra seeking immediate suspension and cancellation of Geo News’ licence.

“6. That after receiving the above complaints from the ISI through the Ministry of Defence, Pemra too, without seeking any proof/evidence of anti-Pakistani activities of our clients, issued a show cause notice to our clients, accusing them of being involved in anti-Pakistan activities.

“7. That the show-cause notice of Pemra was distributed all over Pakistan including the media of Pakistan that has caused great reputational loss to our clients.

“8. That despite our clients’ various requests to the ISI, the Ministry of Defence and Pemra to provide them evidence on the basis of which such a heinous allegation was levelled by them against our clients, no proof/evidence has been provided to them so far.

“9. That all of you have thus defamed our clients by levelling such false statements to injure their reputation, to lower them in the estimation of others and to reduce them to ridicule, unjust criticism, dislike, contempt or hatred against which this statutory notice is being served to all of you.

“10. That in addition to the reputational loss that our clients have suffered at your hands, this false and malicious allegation due to the current tense political situation in the country, was deliberately aimed at provoking and inciting the masses to engage in physical violence against our clients and thousands of their employees including journalists, putting all their lives at serious risk. You have succeeded in achieving the purpose of the false allegations as soon after having levelled them a smear campaign against our clients has also been started on the ground that our clients are traitors/anti-Pakistan.

“11. That due to your illegal threats and pressure on the cable operators of the country, they first shuffled/showed on last number of the spectrum, the transmission of our clients’ channels, ‘Geo News’, ‘Geo Entertainment’, ‘Geo Kahani’ and ‘Geo Tez’ and now the transmission of these channels have been completely suspended throughout the country.

“12. That similarly, distribution of our clients’ newspapers has also been disturbed/banned in different parts of the country. The newspapers’ distribution vans of our clients are being set ablaze on a daily basis and the employees of our clients have also been threatened and tortured in various parts of the country, on the pretext that our clients are Anti-Pakistan.

“13. That despite our clients’ repeated requests, Pemra and the Ministry of Information and Broadcasting in utter violation of the statutory provisions have failed to restore the transmission of Geo News and other channels of our clients on their previous position.

“14. That in the above background, our clients have approached the Supreme Court of Pakistan. On 26.05.2014, the Supreme Court disposed of our clients’ application on the basis of Pemra’s counsel, Ibrahim Satti and Pemra’s head legal department, Zahid Malik’s undertaking that Pemra “shall abide by the terms of order dated 13.08.2012 passed in Constitution Petition No 51 of 2010, by which the report of Javed Jabbar, the mediator, was made part of the said order and that the Pemra will ensure that there is no shifting of the channels contrary to or in violation of the order dated 13.08.2012.

“15. That it is, however, regretfully noted that despite clear direction of the Supreme Court, Pemra has till to date not ensured implementation of the SC order in letter and spirit which shows that all of you, in collusion to each other, are bent upon damaging our clients.

“16. That due to your illegal actions, our clients are on a daily basis suffering huge financial loss as transmission of their channels has been illegally suspended and distribution of their newspapers has also been disturbed due to which they are not receiving any advertisements.

“17. That we on behalf of our clients request you to immediately provide our clients all the documentary evidence/proof in support of your allegations that our clients are involved in anti-Pakistani activities.

“18. That in view of the foregoing, our clients having no other option hereby call upon all of you to do the following within 14 days of this legal notice:

i. To stop levelling such defamatory statements;

ii. To broadcast or publish retraction or clarification for accusing our clients as traitors or anti-Pakistan;

iii. To publish an apology in a newspaper and make one through a TV interview in the same manner and in the same prominence;

iv. To restore the transmission of our clients’ channels ‘Geo News’, ‘Geo Entertainment’, ‘Geo Kahani’ and ‘Geo Tez’ to their previous positions all over Pakistan;

v. Not to harass cable operators to illegally suspend the transmissions of our clients’ channels;

vi. Though the defamation caused is immeasurable in monetary terms however, to pay our clients direct reputational damage and actual damage that come around almost to be Rs50,000,000,000 (Fifty billion rupees only).

“20. That if you fail to do the above within 14 days from the date of this legal notice, we have strict instructions from our clients to initiate appropriate legal proceedings against all of you in a court of competent jurisdiction for direct reputational damage caused to our clients and also actual losses that they are suffering on daily basis.

“21. That this legal notice is being served to you without prejudice to all the rights that our clients may be enjoying against you under the prevailing laws.”

The News

The complaint was submitted under the Pemra Ordinance and rules for a false and scandalous campaign undermining the integrity and tarnishing the image of state institution ISI and its officers, sources told The Express Tribune.

The four-page complaint, against Geo TV which includes the script of news bulletins, tickers and breaking news, says that ‘the said reporting has violated the specific terms and conditions of its licence’.

The violation of terms and conditions of the Geo TV licence issued by Pemra to the Independent Media Corporation (Pvt) Ltd makes the network liable for measures including ‘cancellation of licence by Pemra’.

The complaint urges Pemra to ‘immediately suspend the licence of Geo TV, and after examining the facts cancel the licence of the Independent Media Corporation (Pvt) Ltd granted under Section 20 of the Pemra Ordinance, 2002’.

It seeks ‘… prosecution of the editorial team and management of Geo TV under Sections 33 and 36 of the Pemra Ordinance 2002 read with all enabling provisions and the Pemra rules as amended from time to time’.

Referring to the April 19 incident, the complaint says that ‘apparently an assassination attempt was made by some unknown assailants at around 1730 hours at Karachi on Hamid Mir, an anchorperson associated with Geo News, the 24/7 News Channel of Geo TV a venture held and operated by M/S Independent Media Corporation (Pvt) Ltd, Karachi. Immediately thereafter, a vicious campaign libelous and wherein false accusations were made against a state institution tasked to work for the defence, sovereignty and integrity of Pakistan i.e. Inter-Services Intelligence (ISI) and its DG Lt General Muhammad Zaheerul Islam’.

“The telecast in question/campaign was aimed at undermining the integrity and tarnishing the image of the state institution and its officers and falsely linking it with the terrorist outfits/activities,” it said.

“The attempt was detrimental to the interest of the institution and the country. The said footage was picked up by foreign media, particularly Indian channels, who instead of objectively reporting the incident overplayed it repeatedly,” it added.

The complaint says, ‘The reporting made and the programs aired cannot be viewed as a single event. Geo TV has a history of acting illegally in furtherance of the anti-Pakistan agenda. If required, material can be provided to the regulator. The inability of the editorial team and management or monitoring staff at Geo TV failed to either control the content and deliberately allowed scandalous views to go on air. This constitutes a breach of terms of its licence and violating code of conduct. Moreover, the above instance establishes that the editorial team and management of Geo TV has clearly violated the following provisions of Pemra rules/code of conduct, making Geo liable for cancellation of its licence: (a) Rule 15 of Pemra rules (b) Para (c), (g), (j) of standing code of conduct (c) Section 20(a) of the Pemra Ordinance (d) Section 27(a) of the Pemra Ordinance.”

“The said false, malicious and irresponsible reporting is a continuation of the policy of Geo TV for maligning the state institutions as it has done earlier in the case of Daniel Pearl, Wali Khan Babar, the killing of Mr Hammad (an officer of Supreme Court of Pakistan) and also the killing of parents of an honorable judge of the Supreme Court at Lahore. The malicious campaign later proved false.”

The complaint further said that the print media, particularly Jang and The News also published defamatory, libelous and scandalous material as has been done by their sister-concerns in electronic media. The management, therefore, followed the suit and joined hands for carrying out the above mentioned illegal acts.

This makes the said publications and the persons responsible for actions under i) Sections 3, 4 and 9 of the Defamation Ordinance 2002, ii) Sections 19 and 27 of the Press, Newspaper, News Agencies and Books Registration Ordinance, 2002 and the rules framed there-under and also the terms and conditions of the licence/declarations granted or operated there under and iii) the measures and mechanism under the Press Council of Pakistan Ordinance, 2002.

A senior official told The Express Tribune that a sealed envelope carrying the defence ministry’s application from the secretary defence was delivered for the Pemra chairman at 9:32 pm. “Pemra will discuss the entire issue in its Board of Directors meeting on April 24,” sources added.

Express Tribune