SHC irked by PTA counsel’s ‘irresponsible’ statement on withdrawal of X ban

The Sindh High Court on Monday took exception to the Pakistan Telecommunication Authority’s counsel’s “irresponsible statement” before the court with regard to the withdrawal of the notification of a ban on X, formerly Twitter.

During hearing of petitions against restrictions on internet services and the ban on social media platform X, a division bench headed by Chief Justice Mohammad Shafi Siddiqui inquired the PTA counsel whether it was a mistake or professional misconduct.

The court inquired the counsel under whose instruction he had made the statement that the government had withdrawn the notification with regard to of the ban on X. It observed that the deputy attorney general also did not oppose the statement of the PTA counsel when he was giving the statement in the matter.

The court observed that it can call the PTA chairman for an explanation in this regard and asked the federal law officer against whom it should initiate proceedings for giving the wrong statement.

The PTA had filed an application for modification of the previous court order in which it disposed of a petition with regard to internet restrictions on the PTA counsel’s statement who informed the court that the relevant ministry had told him that the subject letter with regard to the restriction on X had been withdrawn and there was no impediment in the restoration of X.

The PTA counsel submitted that such a statement was given due to some mistake as such an instruction was mixed up with some other case of the PTA. He submitted that the ministry of interior notification with regard to the ban on the social media platform X was still in field and requested the court to modify the previous order.

The deputy attorney general also filed a statement on behalf of the ministry of interior submitting that the impugned notification with regard to the ban on X was still in field and such statement was given due to mistake on the pretext of some other case of the PTA. The court after taking the statements of the PTA and deputy attorney general on record adjourned the hearing till September 24.

Three separate petitions with regard to the suspension of internet services during February 2024 election and the imposition of the ban on X were pending before the SHC. The controversy erupted as the PTA counsel on a previous hearing had informed the court that he had received instruction that the government had withdrawn the impugned letter which had affected the operation of X.

The interior ministry had issued a notification with regard to the imposition of a ban on X on February 17 and vehemently defended it before the court, submitting that the decision to impose the 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.

The Ministry of Interior submitted that the ban was imposed to address genuine concerns 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.

The Ministry of Interior had submitted that the 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. It 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 platforms 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 Pakistan but other countries of world have also imposed a ban on social media platforms from time to time as and when deemed necessary for safety and security. 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.