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2018 P Cr
activity is not pure, it is essential to curb it by all means.
16. During the course of arguments, the D.G PTA was further enlightened on the rights and responsibilities of
the users as uploaded by the facebook administrator. Its clause3(7) clearly provides that its user will not post
content that is hate speech, threatening, or pornographic; incites violence, or contains nudity or graphic or
gratuitous violence. Further, its clause 5(1) and (2) provides that the user would not post content or take any
action on Facebook that infringes or violates someone else's rights or otherwise violates the law, and
facebook could remove any content or information which is posted on facebook and it is believed that same
violates the statement or policies of the facebook and similarly the respectful behaviour would be
encouraged. When the Director General PTA, present in the court, was confronted with above position, he
pointed out that the secured websites are hosted on https and TLS etc., protocols. Most of the social media
websites namely facebook, YouTube and Twitter etc are secured information systems and hosted out of
territorial jurisdiction of Pakistan. Since, the hosting of such websites do not fall within the regulatory regime
of PTA, the only option left with PTA is to make a request to the administrator of such secured website to
block objectionable contents/material available there. Further, he informed the court that already this issue
has been taken up before the facebook authorities and he is sanguine that issue of bad content shall be
resolved within next two months. He further recognized that facebook or twitter are only social portals and
have no much significance in spreading knowledge based material.
17. This court has been apprised that the issue of uploading blasphemous content on social media has also
been discussed in a meeting of Muslim Ambassadors in Islamabad wherein, it has been decided to formulate
a joint strategy to address the issue of blasphemous content on social media and further it has been resolved
that a comprehensive strategy paper will be circulated by the Ministry of Foreign Affairs among the
ambassadors of the Muslim countries, which they will share with their governments to evolve future plan of
action. A formal reference will also be sent to Secretary General of the Arab League and Secretary General of
OIC raising the issue of blasphemous content on social media. After response from the governments of the
Islamic countries, the matter then will be taken up at the level of United Nations. Besides, legal options will
be explored to follow up the matter legally in the courts of the respective countries from where such content
is being generated.
18. Furthermore, during arguments this Court repeatedly posed questions to the Director General PTA that if
the facebook refuses to block such pages or some new pages are opened for the purpose of spreading hatred
material which is otherwise against the law and the Constitution of the Islamic Republic of Pakistan, 1973,
and it may even result in damaging the integrity and sovereignty of the state, whether the state agencies
would remain silent spectators, D.G PTA came out with the plea that if within a period of two months
decisive steps are not taken by the concerned information system providers/administrators for removal of all
such content, then as a last and final resort, the authority would block all such sites at once without any space.
19. As detailed above, this court is convinced that pursuant to the orders of the court, the concerned agencies
have already activated the process of blocking all such accounts on social pages, spreading hateful material
and in this respect as pointed out by the D.G PTA approximately two months would be required to settle
down the issue to its logical end, however, this court is aware that all above activity would involve a new
understanding with international information system providers, therefore, considering all the ground realities,
as a safer mode, this court directs that the concerned agencies may even take four months for the completion
of above uphill task, but the ultimate object of protecting the honour of our Holy Prophet shall be achieved at
any cost.
20. In addition to the above, with reference to the order dated 13.05.2014 passed by a Division Bench of this
Court in the case "Bytes for all v. Federation of Pakistan and others" (Writ Petition No.958/2013), this Court
is well aware that in somewhat similar matter, the Hon'ble Supreme Court of Pakistan on 17.09.2012 had
passed the following order:
"4. M/s. M. Akram Sheikh and Taufiq Asif, learned counsel have filed Civil Misc. Application No.
3908/2012, wherein attention of the Court has been drawn towards anti Islamic film under title
"innocence of Muslim". They stated that in Pakistan this film, which contains disrespectful material
regarding the Holy Prophet (Peace Be Upon Him), injuries to the feelings of every Muslim is still
available on website. Therefore, the PTA is under legal obligation to control such like matter but it has
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