ISLAMABAD: The Islamabad High Court (IHC) on Monday issued notice to the attorney-general (AG), the federal government, the Ministry of Information Technology and Telecommunication (MoITT), and the Pakistan Telecommunication Authority (PTA) regarding social media rules and arbitrary exercise of the PTA powers.
A single bench of Chief Justice Athar Minallah on Monday heard the petition challenging Social Media Rules (Removal and Blocking of Unlawful Online Content (Procedure, Oversight and Safeguards), Rules 2020, and constitutionality of Section 37(1) of the Prevention of Electronic Crimes Act, 2016 (PECA).
Amber Shamsi and TikToker Ashfaq Jutt have moved the IHC through advocate Usama Khawar Ghumman.
They complained the impugned rules indiscriminately violate constitutionally-secured freedom of speech and expression, right to access to information, right to privacy, and freedom of trade, business, and profession, and right to property of all Pakistani citizens.
Usama Khawar argued, the "PTA has been given broad and sweeping powers affecting the fundamental rights of citizens. PTA's powers are dictatorial and no place in a democratic society."
The petitioners have requested the Court to declare the Rules ultra vires to the Prevention of Electronic Crimes Act, 2016 (PECA). They have made the federal government, the Ministry of Information Technology and Telecommunication, and the PTA as respondents.
The petitioners have raised broader issues concerning misuse of the PECA by the PTA, unbridled discretion of the PTA, lack of existence of proportionality test, lack of competency of the PTA to determine vague terms such as indecency/immorality, non-framing of rules, etc.
The IHC on the petition of TikTok had appointed President of Pakistan Federal Union of Journalists, Vice Chairman Pakistan Bar Council (PBC) Abid Saqi, journalist Mazhar Abbas, and Former Federal Minister for Information Javed Jabbar as amici (friends of the Court) to assist it.
They were to assist the Court on banning of online platforms and implications for Freedom of Expression and Speech and Right to Access to Information under Article 19 and 19-A of the Constitution and misuse of PECA 2016, and to consider how can freedom of expression, speech and access to information be curtailed by the PTA on vague criteria of immoral and decent content.
Te vice chairman PBC had informed the Court that the social media rules were prima facie unconstitutional.
In the previous hearing of the TikTok case, the Attorney General of Pakistan, expressed his desire to personally appear in the case and assist the case. The case was adjourned until 25th January, 2021.
Copyright Business Recorder, 2020