Social Media Rules have been stated to the NA Speaker.
On Wednesday, the Islamabad High Court (IHC) recommended the social media laws to the National Assembly speaker for assessment and modifications to safeguard freedom of expression.
IHC Chief Justice Athar Minallah commenced hearings on the same petitions brought against the former Pakistan Tehreek-i-Insaf (PTI) government’s social media restrictions. The rules, which were introduced under the Prevention of Electronic Crimes Act 2016 through the Removal and Blocking of Unlawful Online Content Rules 2020, were immediately rejected by many stakeholders, including the Internet Service Providers of Pakistan (ISPAK), and were widely criticized as “draconian.”
Farhatullah Babar, the leader of the Pakistan Peoples Party, filed a miscellaneous plea before the court through his lawyer Usama Khawar.
The petitioners, as well as citizens, were entitled to legal protection and the enforcement of their fundamental rights to freedom of expression and a fair trial, according to the ruling.
“Because democratic principles are not based on dogmas, they reject the theory of absolutes in any sphere of polity and political life,” the application stated. “Thus, the authors of the Constitution, by enumerating fundamental rights, appear to have done so in the belief that the proper and rational synthesis of the provisions would lead to the establishment of an open and democratic society under the rule of law.”
The challenged restrictions are blatantly in violation of fundamental rights, and the court has been asked to overturn them.
Because the petitioner is a member of a coalition government, Justice Minallah believes it would be acceptable for the government to invite stakeholders and alter the guidelines after due consultation. He suggested that the regulations be made plain and that there should be no possibility for them to be abused to limit freedom of expression. Mr Babar also acknowledged that the topic could be brought before parliament.
Certain difficulties, such as challenges connected to hate speech and other associated offences, should be kept in mind, according to Justice Minallah. He did say, though, that it would be a test case for the current government.
