LHC orders block on judges' smear content

'Social media must remove posts targeting judges'

LAHORE:

The Lahore High Court (LHC) has directed the Pakistan Telecommunication Authority (PTA) to approach Facebook, X (formerly Twitter), and other social media platforms to ensure the removal of defamatory and contemptuous content targeting judges, observing that legal action can be taken in Pakistan even if such material is created and shared from abroad.

Justice Ali Zia Bajwa issued the directions while hearing a petition filed against an alleged social media smear campaign against judges.

The court remarked that criticism of judicial decisions is permissible, but defamatory propaganda targeting the personal lives of judges cannot be allowed under any circumstances.

During the proceedings, Advocate Mian Dawood appeared on behalf of the petitioner. Director General NCCIA Syed Khurram Ali, Inspector General of Police Punjab Dr Usman Anwar, Advocate General Punjab Amjad Pervez, and other officials were present in court.

IG Punjab informed the court that the FIA's Cyber Crime Wing has now been transformed into the National Cyber Crime Investigation Agency (NCCIA).

He emphasized the need for a centralized digital portal involving all law enforcement agencies to enable the immediate blocking of inappropriate content and contemptuous material.

Justice Bajwa observed that Constitution guarantees freedom of expression, it does not permit contempt of court or the sharing of inappropriate content. He expressed concern over the NCCIA's silence in the matter, terming it "disturbing".

The court stressed that any action taken by police or institutions should not be retaliatory in nature, but those involved in spreading contemptuous or inappropriate content cannot be spared.

It also directed police and NCCIA to launch public awareness campaigns.

Counsel for the petitioner submitted that to date, the PTA has neither blocked any channel nor any website involved in uploading objectionable content against judges. The court questioned the PTA's inaction, asking why it had remained silent.

PTA's counsel Barrister Chaudhry Umar informed the court that 53 institutions are authorized to directly use the PTA portal to remove inappropriate content. He explained that platforms like Facebook and X are secured applications and that PTA cannot block individual links but can only block entire applications.

For removal of specific content, requests are made to the respective platforms.

The federal government's counsel told the court that most institutions in Pakistan use paid VPN services.

Justice Bajwa remarked that websites blocked by authorities can still be accessed through VPNs and directed that accounts involved in spreading inappropriate content should be blocked.

The court was further informed that 170 social media accounts involved in sharing objectionable material had been identified, 14 suspects traced through NADRA, and three cases registered in Lahore and five in Multan.

Authorities also stated that videos uploaded from abroad had been identified and action against those involved had been initiated.

Justice Bajwa reiterated that individuals sitting abroad and sharing contemptuous or inappropriate content can also be proceeded against under Pakistani law.

He directed authorities to trace the sources of such videos, identify who is backing those operating from abroad, and proceed strictly in accordance with the law.