Chief Justice (CJ) Islamabad High Court (IHC), Justice Athar Minallah, has questioned whether the Social Media Rules 2021 contradict Article 19 of the 1973 Constitution.
The question was raised during a combined hearing of all the cases filed by human rights activists who have challenged the promulgation of Social Media Rules 2021 in the IHC. The petitioners have contended that these rules are aimed at muzzling free speech.
During the hearing, Justice Athar Minallah summoned digital media experts on the next hearing to answer the court’s question. CJ IHC had appointed social media experts as amicus curiae to assist the court in deciding the petition during the hearing of a similar petition last time.
Besides, Justice Athar Minallah said that some international human rights organizations have claimed that this bench is against the freedom of expression, suggesting forming a different bench to hear the case. The proposal was immediately rejected by the petitioners as they expressed complete trust in the bench. The combined hearing has been adjourned till 3 February.
Back in October 2021, the Ministry of Information Technology and Telecommunication (MoITT) had officially notified the promulgation of Social Media Rules 2021.
Under these rules, every citizen or organization has the right to express and disseminate any online content as enshrined under Article 19 of the 1973 Constitution.