KARACHI: The decision to impose ban on X formerly Twitter is a legitimate exercise of government’s authority to regulate the use of social media platforms in accordance with these constitutional principles, Ministry of Interior told Sindh High Court (SHC).
Filing comments on petitions against ban on X, Ministry of Interior submitted that ban on Twitter/X in Pakistan does not contravene Article 19 of the Constitution, which guarantees the right to freedom of speech and expression.
The Ministry of Interior submitted that ban was imposed to address genuine concern related to national security and public safety and it was undertaken with due consideration for the overreaching goal of promoting responsible and lawful communication in the society.
Ministry of Interior submitted that ban on Twitter/X was a necessary step and it was undertaken with due regard for the rule of law and the principles of democratic governance. The Ministry of Interior stated that Twitter/X being foreign entity operating in Pakistan is subject to regulatory framework of the country and despite repeated requests and engagement with Twitter/X authorities, the company has exhibited reluctance to cooperate with the Pakistani authorities in resolving these critical issues.
It was submitted that government of Pakistan has no alternative but to temporarily block/access the operation of Twitter platform within Pakistan and the Ministry of Interior through its letter issued on February 17 (which is still in force) asked for blocking of X/ Twitter till further orders.
It stated that rampant misuse of social media platform including X/Twitter to spread misinformation, incite violence and propagate extremist ideologies, false and provocative content on these platforms has posed a significant threat to peace and stability of our society and in particular X/Twitter has been used as tool by certain elements to foment unrest, sow discord and undermine the rule of the law in the country.
The Ministry of Interior submitted that not only in Pakistan but other countries of world have also imposed ban on social media platforms from time to time as and when deemed necessary for the safety and security of the their country. The court was requested to dismiss the petitions for the sake of national interest and in order to avoid any irreparable loss to national interest of the country.
The PTA had earlier told the court that X was blocked in the country on direction of the federal Ministry of Interior on the basis of reports it had received from intelligence agencies.
The PTA had submitted that no action of the authority was in contravention of Article 19-A of the Constitution, as it was in accordance with the relevant laws. It said that the suspension of mobile cellular services for public safety reasons or in public emergency or for security reasons was a policy matter and ought not to be interfered with by the court.
The authority said the legislature mandated the federal government to issue policy directives on national security, internal aggression, defence or security in accordance with exigency and need of time.
The interior ministry stated that it had received reports from intelligence agencies and therefore on February 17 the PTA was asked to block social media platform X till further orders under Section 5 (7) (ii) of the Removal and Blocking of Unlawful Online Content (Procedure, Oversight and Safeguards) Rules 2021.
It also said that all action on part of the respondents were taken within the applicable legal framework. The SHC had also directed the PTA to restore X “if there was no lawful justification or reasonable grounds to deny the internet access to X”.
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