The new rules, introduced through the Removal and Blocking of Unlawful Online Content Rules 2020 under the Prevention of Electronic Crimes Act 2016, were criticized by many stakeholders such as the Internet Service Providers of Pakistan (ISPAK).
IHC Chief Justice Athar Minallah heared a petition by the Pakistan Federal Union of Journalists (PFUJ) and others against social media rules introduced by the government in November. During the hearing, the AGP informed the court that the government supports a review of the social media regulation rules and ‘a review will be held after consultation with [relevant] stakeholders and petitioners’.
Justice Minallah said the matter of enforcing social media rules involved Article-19 (Freedom of Speech) and Article-19A (Right to Information) of the Constitution which were ‘related to fundamental rights’. He said relevant stakeholders were seemingly not consulted during the formulation of the social media rules. “Pakistan Bar Council and PFUJ are important stakeholders in this matter,” he added.
To this, AGP Khan assured the court that the petitioners would be consulted and the government was not looking to put a ‘complete restriction’ nor was ‘closing any [social media] platform the solution’. He asked the court to give some time during which the government could review the rules together with the Pakistan Telecom Authority (PTA) and the concerned stakeholders.
Justice Minallah welcomed the attorney general’s response which he said had been ‘very positive’, further adding that ‘consultation is necessary and [a] very appropriate [course of action]’. He told the attorney general to present his recommendations to the stakeholders if they were ready to review the social media rules.
Meanwhile, another lawyer for the petitioners, Kashif Malik, asked the court to pass an order restricting the government from acting against someone on the basis of the new rules. “We will not pass any general order on this matter. If an order is passed on the basis of these rules, it can be challenged in court,” said Justice Minallah, further adding that a judicial assistant had also been appointed in the case by the court.
Hearing of the case was adjourned to February 26.
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