SHC vacates stay order against Tik-Tok

KARACHI: The Sindh High Court on Friday recalled its previous order with regard to suspension of social media application Tik-Tok operation in Pakistan with direction to the Pakistan Telecommunication Authority to decide the complaints against unlawful content within three days.

The Pakistan Telecommunication Authority had filed an application before the SHC for vacating the interim stay order with regard to suspension of Tik-Tok operation in Pakistan, mentioning that the authority was proceeding on complaints against unlawful and obscene material. The PTA counsel submitted that the complaint of the plaintiff against unlawful content was fixed before the authority on July 5 and requested the court to recall its interim stay order.

The PTA counsel and additional attorney general undertook before the court that the complaint of the plaintiff will be decided on July 5. The PTA also filed a counter affidavit in the case and submitted that the authority has blocked 224 uniform resource locators consisting of objectionable content at social media application Tik-Tok on complaints. It also opposed the interim stay order of the Sindh High Court with regard to suspension of the Tik-Tok as proceedings in the court were not maintainable.

The PTA’s officer submitted that there were 16.5 million users of Tik-Tok application in Pakistan and due to any objectionable and illegal act by a few users of posting objectionable videos on application, the majority users could not be deprived of their right to use the application.

He submitted that if the service provider or social media company fails to remove or block access to the online content or to comply with the direction issued by the authority, the PTA may initiate action against such defaulter, therefore, the instant lawsuit being ultra vires to the provisions of Rules 2020. The SHC’s single bench, headed by Justice Mrs Kausar Sultana Hussain, after hearing the arguments of the PTA counsel and federal law officer, recalled the interim order with regard to suspension of the Tik-Tok operation in Pakistan and directed the PTA to decide the complaints against unlawful content within three days.

The court observed that in case of failure by the PTA, the plaintiff was at liberty to agitate his application for an interim stay order on July 8 when the case was fixed for hearing. The SHC had on June 28 directed the Pakistan Telecommunication Authority to suspend the operations of social media application Tik-Tok in Pakistan till further orders.