ISLAMABAD High Court (IHC) has taken strong exception to some aspects of the new rules notified by the Government aimed at regulating the social media, stressing that criticism was important for democracy. Hearing a petition filed against social media rules, IHC Chief Justice Athar Minallah directed Pakistan Telecommunication Authority (PTA) to take into account objections raised by Pakistan Bar Council (PBC).
There is no doubt that some vested interests manipulate the powerful social media to advance their negative agenda. The rules require the Internet Service Providers to ensure public community guidelines for usage of any online system asking users not to host, display, upload, modify, publish, transmit update or share any online content that belongs to another person and to which the user does not have any right. There is obviously nothing wrong with the restriction that applies only in case of material that is blasphemous, defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, violates or affects religious, cultural, ethnic sensitivities of Pakistanis or harms minor in any way, impersonates another person or threatens the integrity, security, or defence of Pakistan or public order or causes incitement to any offence under the Prevention of Electronic Crimes Act (PECA). However, there are apprehensions that the rules can be stretched and interpreted/implemented in a manner that would suppress voices of dissent. While the PBC argues these rules violate fundamental rights and relevant provisions of the Constitution, information technology companies, which can be fined up to Rs.500 million for failing to abide by PTA’s directives, have threatened to leave the country describing them as a move aimed at establishing digital dictatorship. One fails to understand why such sweeping restrictions are being imposed through mere notification of rules when we have the right forum of Parliament to debate and approve moves.
