Court Asserts PTA’s Limited Power in Removing Social Media Content

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The Pakistan Telecommunication Authority (PTA) on Tuesday informed the Sindh High Court that it had no authority to remove any content from social media platforms.

The lawyer for the PTA sought more time to file comments on a petition filed against objectionable, unethical, immoral and unlawful content being uploaded on social media platforms.

At the last hearing, the SHC had directed the PTA to enforce relevant law and rules to prevent and remove objectionable content on social media platforms and put the authority as well as other respondents on notice for Feb 20.

The court had also ordered action in accordance with law and sought a compliance report in this regard.

When the matter cameup for hearing before the two-judge bench headed by Chief Justice Ageel Ahmed Abbasi on Tuesday, a lawyer for the PTA turned up and requested for further time to submit comments/reply.

When the chief justice confronted the counsel about implementation of the last court order, he replied that the PTA could not remove any objectionable or other content from YouTube or other social media platforms.

He further asserted that the PTA used to approach the officials/ authorities concerned for removal of such content.

However, the bench again directed the authority to remove objectionable content from social media platforms and file a comprehensive report at next hearing.

Citing the ministry of information, the chairman of PTA as well as zonal director and direc-tor cybercrime wing of the Federal Investigation Agency as respondents, some YouTube vloggers moved the SHC and asserted that objectionable, unethical, immoral and unlawful content being uploaded on social media platforms.

The counsel for the petitioners, Usman Farooq, contended that the PTA had the authority under the Prevention of Electronic Crime Act, 2016 and the Removal and Blocking of Unlawful Online Content Rules, 2021 to remove and block any vulgar and unlawful content and take appropriate action under such laws.

However, he maintained that the authority was not taking prompt action and asked the SHC to issue directives to block objectionable content.

The lawyer further submitted that the respondents were regulatory bodiesandtokeepacheckand balance on overall social media platforms/websites from different aspects, there must be some regulations or mechanism to control such content being uploaded and aired on social media platforms.

He also asserted that the objectionable content was not only severely affecting the social and cultural norms and values, but also against injunctions of Islam.

The PTA had claimed that on April 8, 2022 the Islamabad High Court had struck down its powers under Section 20 of the Prevention of Electronic Crimes Act, 2016 with respect of defamatory content.

Acknowledgement: Reported by Dawn on 21-02-2024

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