The Islamabad High Court (IHC) on Monday directed the deputy attorney general to put the matter regarding the ban imposed on TikTok – a video sharing social networking service – before the federal cabinet.
In July, the Pakistan Telecommunication Authority (PTA) had again blocked access to the app for its failure to take down "inappropriate content".
The first time the Chinese-owned app was banned in Pakistan was in October 2020. According to the telecommunication authority, the decision was taken over complaints regarding indecent and immoral content. It was lifted 10 days later after the company assured the telecom regulator it would block accounts "spreading obscenity".
On Monday, the IHC accepted Senator Mian Muhammad Ateeq’s plea to become a party against the ban on TikTok. The case was heard by IHC Chief Justice Athar Minallah.
Maryam Fareed Advocate represented the petitioner while Munawar Iqbal Dogal appeared on behalf of the PTA. Deputy Attorney General Syed Muhammad Tayyab Shah was also present in the court.
Read Court orders do not call for ban on TikTok: IHC
The IHC inquired whether the PTA had sought a policy from the government as per its directives.
“Is TikTok currently open or closed nationwide?” the court inquired.
The PTA counsel replied that almost 99% of the app was opened through proxy.
The court questioned why the PTA wanted to cut off the country from the rest of the world.
“Why social media apps are not being banned in the outside world though the law is strict there? What does PTA want from this [ban]?
“If you can’t beat the technology then why are you doing this?”
The IHC asked the PTA attorney why the telecommunication authority had not taken instructions from the federal cabinet despite its orders regarding a policy on ban on TikTok.
The court inquired why TikTok was not banned in Dubai or European countries.
“What message does the PTA want to send to the world?”
The IHC CJ asked the deputy attorney general whether the federal government or the federal cabinet had ordered a ban on TikTok.
The deputy attorney general said that a meeting was held regarding the policy but no such decision was taken.
Chief Justice Minallah remarked that no rules existed and that the PTA had imposed an illegal ban on TikTok. “Ninety-nine per cent people use TikTok through proxy, so why is there a ban for one per cent?”
The petitioner’s counsel replied that so far there were no rules on which the app could be closed.
Senator Ateeq said PTA was taking such steps to promote some people and added that the telecommunication authority had its own agenda for imposing the ban.
Read more TikTok ban
He recalled that the PTA chairman had assured them a year ago that they were not closing the app.
“Is PTA taking Pakistan 100 years back?” the court asked.
The IHC CJ warned that the court would summon the PTA chairman in person if the practice continued.
Chief Justice Minallah observed that technology cannot be shut down but PTA must be prepared to deal with the challenges of the technology.
He pointed out that the telecommunication authority had itself filed an undertaking in the court that one per cent people made the wrong use of TikTok.
“Have you submitted a wrong undertaking in the court?” the court asked the PTA counsel.
The PTA lawyer replied that talks between the telecommunication authority and TikTok continued and that ban on the app would soon be lifted.
The court directed the deputy attorney general to put the matter before the federal cabinet and adjourned the hearing of the case until September 20.
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