Islamabad High Court’s (IHC) Chief Justice Athar Minallah on Wednesday said that The Prevention of Electronic Crimes Act, 2016 is being used to curb freedom of expression in the country.
During a hearing on a petition filed by the Pakistan Federal Union of Journalists (PFUJ) President Nasir Zaidi, the chief justice said that Section 6 of the Protection of Journalists and Media Professional Act is against the fundamental rights enshrined in the Constitution of Pakistan.
CJ Minallah said that the words of Section 6 of the said act would grant the state licence to prosecute journalists. He wondered how journalists would be able to report news considering that a lot happens after the registration of cases in Pakistan. He pointed out that the definition of journalist includes photographers, cameramen, producers and editors.
The chief justice said that the Ministry of Human Rights shall ensure that the provisions of the said act does not violate the Constitution of Pakistan. He said that the act must be examined in the context of Articles 19 and 19A.
He said that access to information and freedom of criticism ensures accountability of public office holders. The representative of the Ministry of Human Rights said that they would look into the concerns of the petitioner and work out a solution, adding that if necessary, an amendment will be proposed in the parliament.
CJ Minallah said that PFUJ’s complaint regarding the misuse of laws was not unfounded. The court then issued notices to the Ministry of Human Rights seeking a response within a month. It also ordered the state to prove through its actions that there is no restriction on freedom of expression in the country.
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