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.