PESHAWAR: The Peshawar High Court on Wednesday directed the federal government and Pakistan Telecommunication Authority (PTA) yet again to respond to a petition against restrictions on social media platform X (formerly Twitter) in the country.

When a bench consisting of Justice Syed Mohammad Attique Shah and Justice Syed Arshad Ali took up the petition for hearing, it was informed that the respondents had so far not submitted their comments about the case.

On March 21, a high court bench issued notices to the respondents, including the federal government and the PTA, seeking their response to the petition.

The bench was hearing the petition filed by lawyer Nouman Muhib Kakakhel, who requested it to declare that the ‘systematic disruptions and blocking’ of X service is unconstitutional and a violation of the fundamental and legal rights of the people at large, including him.

Lawyer says ‘systematic disruptions, blocking’ of social media platform is unconstitutional

He requested the court to order the complete restoration of X service in the country.

The petitioner also sought interim relief through orders for authorities to restore X service until the disposal of his petition.

The respondents in the petition are the federal government through the secretary of the Cabinet Division, the secretary of the ministry of information technology and telecommunication, and the PTA through its chairman.

Mr Kakakhel said X was a social media micro-blogging platform used by public personalities, journalists, multinational companies, government departments, officials, and the public at large in the country to express their views, make announcements, and share ideas, and that restrictions on it were unconstitutional and unlawful.

He added that X was also a source of news, entertainment, a marketing tool for businesses, and an opportunity to connect and converse on various topics as a global community.

The petitioner pointed out that the telecom regulator PTA neither issued any notification about the systematic disruptions and blocking of X service in the country nor did it specify any reason for it.

He said the country’s population mostly consisted of youth, who depended on information technology for learning, information, and livelihoods due to a lack of resources.

The petitioner contended that the media - the fourth pillar of the state - was powerful and effective like others, including the executive, judiciary, and legislature, as it helped form public opinions by providing the latest information to the people.

He claimed that social media had taken over a lion’s share of the space previously occupied by the traditional media and provided the people with an opportunity to express their opinions about every national issue.

Mr Kakakhel contended that if ‘miscreants’ misused social media platforms in the country, they could be taken to task by the Federal Investigation Agency’s Cyber-Crime Wing and other authorities, but blocking access of the entire population to the social media platform was unjustified and against the law.

He said the country had various laws under which those acting against national security or the interests of the state, judiciary, or any national institution could be charged and punished in accordance with the law.

Published in Dawn, April 18th, 2024