By Uzma Zafar
ISLAMABAD: The Islamabad High Court on Friday directed Pakistan Telecommunication Authority to satisfy the bench that the recently issued social media rules do not violate Article 19 and 19(A) of the Constitution of Pakistan.
IHC Chief Justice Athar Minallah heard a petition filed by the Pakistan Bar Council challenging Removal and Blocking of Unlawful Online Content (Procedure, Oversight, and Safeguards) Rules 2020 framed by the PTI government under the Prevention of Electronic Crimes Act 2016 (PECA) and directed PTA to consider objections raised by the PBC.
During the hearing, the judge was irked by the PTA counsel’s attempt to cite social media rules in place in India. “Do not mention India here. If India suppresses freedom of expression, will we also do the same?” he questioned. “We are very clear on the fact that we will not allow violation of fundamental rights,” he remarked.
“Who recommended these rules and which authority approved it?” asked the judge, to which the PTA counsel said they sought recommendations from PBC.
The PBC counsel, on the other hand, pointed out that some of the rules violate rights granted by the Constitution. Justice Minallah observed that the social media rules that discourage criticism also suppress accountability and stressed that no law was above criticism.
Addressing the PTA lawyer, the judge said criticism is an important aspect of freedom of expression and should be encouraged. “Why should one be scared of criticism? Everyone should face it. Even court rulings are subject to criticism once published, as long as it does not compromise the trial, and are not liable to contempt of court,” remarked the judge.
