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~ Page I Case Judgement 2024 ML D 243 [Lahore] Before Shahid Jamil Khan, J HAMNA QAISER -Petltfon er Versus CHAIRMAN, PEMRA and others-R esponde nts Writ Petition No. 5076 of 2023, decided on 2nd June, 2023. Prevention of Electronic Crimes Act (XL of2016 )----S. 19---Phrase "with dishonest intention"---Scope--Unauthorized interruption--Breach of privacy---Uploading audio and video on social media--O rigjnal source, identification of-Petiti oner was aggrieved of uploading of material on social mediaValidity--Breach of privacy must be a felony and making such material public should be intolerable by the state by invoking criminal laws as well as by society by resorting to civil laws for damages--Laws dealing with electronic and print media were required to be reconciled and improved--Phrase "with dishonest intention" should not stop the regulator from taking action-I n absence of source and legal purpose of using such material, dishonest intention was to be presumed and burden to proof otherwise would be on person committing such act---Regulator had to take prompt action under such provisions and then to ask for discharge of the burden of proof--T hough electronic material was admissible as evidence but its standards were higher than the ordinary documentary and oral evidence---For ordinary documentary evidence, Court was to satisfy itself by examining the scribe and the person in possession of the document, otherwise such documentary evidence was not admissible--Any audio or video in absence of its source or ownership could not be taken as piece of evidence for proceedings against an accused---Person against whom such audio and video was leaked was a victim and not accused--High Court directed PTA to ensure criminal action, if such material was uploaded on social media from the territory of Pakista nFor any material uploaded from abroad, appropriate measures for getting such material removed must be intimated by reporting it to the handlers and regulators of respective websites or forums like Youtube, Twitter, Facebook etc.---High Court directed the authorities to make public the measures so taken besides making it an official recordConstitutional petition was adjourned accordingly. Ms. Rida Noor and Usman Sana Khan Ateeq for Petitioner. Mirza Nasar Ahmad, Additional Attorney General for Pakistan Asad Ali Bajwa, Deputy Attorney General and Raja Kayani, Assistant Attorney General for Federation of Pakistan. Malik Sohail Murshad for Respondent No.5-Lahore News. http://www.plsbeta.com/LawOnline/law/content2 l .asp?Casedes=2024L25 I 0 } l/7/2 024 8:52:5() A AA

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Hamna Qaiser Vs Chairman PEMRA and others

Case Law

Country

Pakistan

Country Location

Latitude: 30.50420402694667

Longitude: 71.31445294618544

Country Location (linked Case Law): Pakistan

Decision Date: Jun 2, 2023

Case Outcome (Procedural)

Admissible

Case Outcome (Disposition)

Judgement in Favour of Plaintiff

Keywords

Privacy
Social Media

Judicial Body: First Instance Court

Court Name: Lahore High Court

Case Number: 2024 MLD 243

Case Summary: The petitioner raised concerns over the unauthorized publication of private audio and video materials on social media platforms, claiming it constituted a breach of privacy. The petitioner argued that such actions, carried out without permission and lacking identifiable sources, infringed on personal privacy and should be actionable under both criminal and civil laws. The petitioner emphasized the need for legal provisions to address such privacy violations by penalizing unauthorized uploads and requiring platforms to take accountability. The petitioner highlighted that the phrase "with dishonest intention," often required to trigger action by regulatory bodies, should not hinder them from promptly addressing these violations. In instances where the source and lawful purpose of sharing the materials are unclear, it was argued that dishonest intent should be presumed, with the burden of proof shifted onto the person sharing the content.

The High Court acknowledged the severe impact of unauthorized sharing of private content and underscored that such breaches of privacy should be deemed a felony. The court directed the Pakistan Telecommunication Authority (PTA) to take criminal action against individuals uploading such material from within Pakistan. If the material was posted from abroad, the PTA was instructed to notify international platforms, such as YouTube, Twitter, and Facebook, to request removal of the content. The court clarified that while electronic material may be admissible as evidence, it requires a higher standard of verification than traditional evidence, particularly in the absence of clear source information or ownership.

Additionally, the court mandated that any actions taken to remove or report such materials be publicly documented and recorded as part of the official measures against privacy breaches. The court adjourned the petition, emphasizing the need for swift regulatory action to protect privacy rights in the digital age.

Related Law

Prevention of Electronic Crimes Act, 2016 (Act no. 40 of 2016)

Collection

Primary Documents

Hamna Qaiser vs Chairman PEMRA and others.pdf
English
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