Social media regulations: AGP granted one month to consult with stakeholders

ISLAMABAD: The Islamabad High Court (IHC), on Friday, granted one month to the attorney general for Pakistan (AGP) for consultation with all the stakeholders to review the social media regulations that were introduced last year.

A single bench of Chief Justice Athar Minallah heard the petition filed by the Journalists Defence Committee of Pakistan Bar Council on behalf of the Pakistan Federal Union of Journalists (PFUJ) challenging the social media rules of the Pakistan Telecommuni-cation Authority (PTA).

The IHC bench also directed AGP Khalid Jawed Khan to submit a report on the next date. He added, a verdict on the petitions challenging the policy, would be announced once they have seen the report.

During the hearing, the attorney general informed that the government would consult the petitioners and all the stakeholders to review the regulations.

He told the court that the regulatory rules have not been finalised yet and the government could make amendments in the social media rules, after consultations with the stakeholders.

He requested the court to grant more time for consultations with all the stakeholders. He stated that they want to complete consultations with all the stakeholders. He added that they have also sought the opinion of some more experts.

Acceding to his request, the IHC bench said that the contempt case against TV anchors would also be heard on the same day, and deferred the proceedings till April 2nd for further proceedings.

The PFUJ has urged the court to strike down the Removal and Blocking of Unlawful Online Content (Procedure, Oversight and Safeguards), Rules, 2020, saying that the rules are unconstitutional.

The PTA has made these rules and the IT Ministry announced them on November 19th. The PTA has the power to do this under Sub-section (2) of Section 37 of the Prevention of Electronic Crimes Act, 2016, which talks about "unlawful online content".

The rules came into force immediately. The petition said that the rules should be struck down with immediate effect as the same violate fundamental rights guaranteed under the Constitution.

The petition mentioned clauses that allow the PTA to block content online that is against the "glory of Islam", interest, security and defence of Pakistan," etc. Article 19 already lists down what constitutes "glory of Islam" and "national security", the petition said, and added that the Supreme Court has the authority to interpret the law, not the PTA.

The petition said that the rules also contradict its parent act, the PECA, and these rules would destroy the digital economy, internet user numbers, and have a negative impact on businesses.

Therefore, the petitioner requested the court to declare that the said rules are ultra vires in the light of the PECA, 2016, and inconsistent with and in contravention of Article 4 of the Constitution as well as the fundamental rights guaranteed under Articles 9, 10A, 14, 18, 19, and 19A of the Constitution.

Copyright Business Recorder, 2021