SHC orders uninterrupted internet, cellular phone services

The Sindh High Court on Wednesday directed the Pakistan Telecommunication Authority (PTA) and the Ministry for Information Technology to ensure that there was no more disruption and shutdown of cellular phone and internet broadband services unless provisions of relevant rules are attracted.

The court directed the PTA to ensure smooth and uninterrupted mobile phone and broadband services and access to social media platforms and websites. The directions came on a petition against the shutting down of internet services in the country every now and then.

Petitioner Jibran Nasir, who is also an independent candidate in the coming general elections, submitted in the petition that the PTA and the Ministry of Information Technology and Telecommunication were causing hindrance in access to social media platforms while disrupting internet broadband services without any cogent reasons.

He submitted that the PTA and other respondents had disrupted the internet services and shut down the social media platforms, and it appeared that such an act aimed to stop political parties as well as independent candidates who were contesting the polls and conducting campaigns on social media.

The petitioner submitted that the official respondents prima facie do not want to allow such candidates to use such platforms for their election campaigns, which appears as a cost-effective source to approach the voters at large, whereas no reasonable explanation whatsoever has been given for such abrupt interruptions and shutting of social media platforms.

Nasir said the PTA and the ministry of information instead of remedying the grievance by removing the technical errors issued a statement to the effect that there was likelihood of further interruptions and shutting down of social media platforms for the next 90 days during which the general elections were scheduled to be held.

He said he and public at large have a serious apprehension about such interruptions, as shutdowns of internet services may be used as pre-poll rigging for the reason that either the media persons or the social media users as well as public at large will not be in position to report any event of rigging etc. on the day of the polling.

The petitioner said that since disruption of social media services platforms amounts to denying access to the public at large to information about the national affairs and one of the most important events having a grave impact on the life of citizens of Pakistan, that is general elections, which otherwise will create serious doubts even about the fair and transparent elections in the eyes of the public at large as well as in the comity of nations. He further submitted that impugned act of the PTA also caused serious financial losses to the national economy and multiple businesses operating on online social media platforms.

According to the petitioner, current disruptions and shutdowns of internet services are being monitored by the PTA, which are under a legal obligation to ensure smooth and uninterrupted internet services and social media services, and in case of any default on their part the same may be removed immediately.

The court was requested to declare the act of shutting down mobile phone and internet services on December 17, January 7 and 20 across Pakistan by PTA as unlawful and in violation of the policy directive of the PTA as well as removal and blocking of unlawful online content rules and articles 4, 9, 18 and 19 of the Constitution.

He requested court to direct the PTA and other respondents to ensure that there was no further disruption and shutting down of broadband services so that the petitioner and other contesting candidates may be in a position to have access to the voters of their constituencies through social media platforms.

A division bench headed by Chief Justice Aqeel Ahmed Abbasi, after preliminary hearing of the petition, issued notices to the PTA, the Ministry of Information Technology and others and called their comments on January 29.

The court directed the respondents to ensure that unless the provision of Section 8 and Section 54 of the Pakistan Telecommunication Act read with relevant rules are attracted, there be no disruption and shutting down of mobile and internet broadband services. It also told the PTA to ensure smooth and uninterrupted internet broadband services so that the people could have access to social media platforms or websites.