CHAPTER II- SAFEGUARDING THE
FREEDOM OF SPEECH AND EXPRESSION
4.
Freedom of speech and expression:- (1) Every Person or organization shall have the
right to express and disseminate any Online Content on an Online System as ensured and
guaranteed under Article 19 of the Constitution of Islamic Republic of Pakistan, 1973.
Provided that the Authority shall not restrict, disrupt the flow or dissemination of any
Online Content unless it is necessary for the reasons as prescribed in Section 37(1) of the Act.
Provided further that, without prejudice to the generality of the powers in Section 37(1)
of the Act, the removal and blocking of access to an Online Content would be necessary in the
interest of:
(i) “glory of Islam” if the Online Content constitutes an act which is an offence under
chapter XV of Pakistan Penal Code, 1860 (Act XLV of 1860); or
(ii) integrity, security and defence of Pakistan” shall bear the same meaning as given
under Article 260 of the Constitution of Islamic Republic of Pakistan 1973; or.
(ïii) “public order” if the Online Content constitutes an act which is an offence under
chapter XIV of Pakistan Penal Code, 1860 (Act XLV of 1860), or the Online Content
contains any fake or false information that threatens the public order, public health and
public safety or the Online Content constitutes an act which could lead to the occasions
as described under chapter XI of the Code of Criminal Procedure, 1898 (Act V of 1898);
or
(iv) “decency and morality” if the Online Content constitutes an act which is an offence
under section 292, 293,294 and 509 of Pakistan Penal Code, 1860 (Act XLV of 1860).
(2) The rules and any directions issued by the Authority under these rules shall prevail
and take precedence over any contrary Community Guidelines and any such Community
Guidelines shall be null and void.
CHAPTER III- FILING, PROCESSING
AND DISPOSAL OF COMPLAINTS
5.
Filing of complaints.- (1) The Authority shall entertain complaints with regard to the
unlawful Online Content. A complaint for blocking or removal of Online Content may be filed
by: (i)
any Person, or his/her guardian, where such Person is a minor, aggrieved by
Online Content; or
(ii)
a Ministry, Division, attached department, sub-ordinate office, provincial or
local department or office, a law enforcement agency or intelligence agency of
the Government, or a company owned or controlled by the Government.
(2)
The Complainant mentioned under clause (i) of sub-rule (1) above, may lodge
a complaint against any unlawful Online Content to the Authority through the Form specified
in the Schedule, which may be amended from time to time by the Authority.