ttse Judgement
Page 3
.
extend to two .
. years or w1th fine which may extend to five hundred thousand
rupees or with both."
It is hereby clarified that phrase "with dishonest intention" should not stop the
takin g acf10n, because in absence of source and legal purpose of using
reguh)ator from
.
.
t intention is legally presumed and burden to proof otherwise
dishones
,
s~c material
s all be on person co1n1nitting such act. The regulator has to take prompt action under
• • ns and then ask for discharge of the burden of proof.
these prov1s1o
.3• In administration of justice, though electronic material is admissible as
ev~dence, but its standards are higher than the ordinarily documentary and oral
evidence. For ordinarily documentary evidence, the Court has to satisfy itself by
examining the scribe and the person in possession of the document, otherwise such
documentary evidence is not admissible.
Any audio or video in absence of its source or ownership cannot by any stretch
of interpretation be a taken as piece of evidence for proceedings against an accused.
The person against whom, such audio and video is leaked, is a victim not accused.
4. In this Court's opinion, the person who violates privacy of a citizen, if not
proceeded against by any agency, the officer in charge of the agency should be taken to
have connived with the offence and for such laps disciplinary proceedings should be
initiated, followed by criminal proceedings, if so permissible under the law.
Though this Court has already passed a restraining order on 26.01.2023,
however, it is reiterated and elaborated that airing of audios, videos and printing of
such material in regulated Electronic and Print Media, is hereby restrained.
PTA shall ensure criminal action if such material is uploaded on social media
from the territory of Pakistan. For any material-uplmrded or from abroad, -appropriate
measures for getting such material removed shall be initiated by reporting it to the
handlers and regulators of respective websites or forums like YouTube, Twitter,
Facebook, etc. the measures so taken shall be made public besides making it an official
record.
Enforcement of Fundament rights and protection_ of.the Constitution js primary
duty .of.constitutional courts. The violation shall be a contempt of this Court's order. If
quick action is not taken by the respective regulators, the officer responsible-shall
personally be answera61e-6efore this Court and on proved negligence or inaction shall
be liable to be proceeded under contempt laws along with direction for disciplinary
proceedings under the service laws.
5. Constitutional question raised in order dated 12.05.2023 has not yet been
answered by the respondents and Federal Government. As different provisions of the
Constitution are required to be interpreted along with relevant laws, therefore, notice
under Order XXVII-A of C.P.C. is hereby issued to Federal Government.
6. Re-list for 09.06.2023 for further proceedings.