n recent times, the so-called audio leaks have become an increasingly frequent occurrence. This raises serious concerns about citizens’ right to privacy. The Constitution of Pakistan protects the right to privacy as a fundamental right. Article 14(1) of the constitution recognises that “the dignity of man and, subject to law, the privacy of home, shall be inviolable.” Moreover, the Protection of Pakistan Act, 2014, the Pakistan Telecommunication (Re-Organization) Act, 1996, and the Prevention of Electronic Crimes Act, 2016, all include provisions related to privacy.

According to the Protection of Pakistan Act, 2014, no person shall be subjected to arbitrary or unlawful interference with their privacy, family, home or correspondence. All such interference must adhere to the law and be carried out in accordance with established procedures. Similarly, the Pakistan Telecommunication (Re-Organization) Act, 1996, emphasises the confidentiality of telecommunication services and the protection of users’ data. Telecommunication operators are required to ensure the confidentiality of all communications, maintain records of all calls made and provide access to user data only under specified circumstances.

The Prevention of Electronic Crimes Act, 2016, is another law that includes provisions related to privacy. The Act defines various offences related to electronic communication and cybercrime and provides for their punishment. It also contains provisions related to the interception of communication and disclosure of information. Under the Act, any person who intercepts or discloses information related to electronic communication without lawful authority may face imprisonment for a term not exceeding seven years, a fine, or both.

Most of the so-called audio leaks represent a violation of privacy. The legal framework that pertains to them is primarily outlined in the Prevention of Electronic Crimes Act, 2016. The Act defines “interception” as the acquisition of the contents of any electronic communication through the use of technical means, and “disclosure” as the availability of the contents of an electronic communication to anyone unauthorised to receive it. The Act covers a wide range of electronic communications, such as emails, text messages and phone calls.

In a landmark ruling of the Supreme Court of Pakistan, (PLD 1998 Supreme Court 388, Mohtarma Benazir Bhutto and another vs President of Pakistan and others), the issue was extensively discussed. The ruling stated that “Tapping of telephones of any person is reprehensible, immoral, illegal and an unconstitutional act which the authorities, finding that there is no clear provision to stop it, have indulged in. The constitution clearly guarantees protection against such violations. Therefore, such acts are unconstitutional. Appropriate legislation should be enacted to regulate them. Until such time that it is duly regulated by a legislative act, the Supreme Court will be justified in issuing directives to protect fundamental rights from violations.”

According to the Protection of Pakistan Act, 2014, no person shall be subjected to arbitrary or unlawful interference with their privacy.

Audio leaks may be subject to other laws in addition to the Prevention of Electronic Crimes Act, 2016. For instance, if the leaked audio contains defamatory material, the Defamation Ordinance, 2002, might apply. Similarly, if the audio contains evidence of a criminal offence, the Criminal Procedure Code, 1898, might apply. The Act prohibits any person from intercepting or disclosing electronic communication without lawful authority, and those who violate this provision may face imprisonment for up to seven years, a fine, or both. The Act also provides for special courts to handle electronic communication and cybercrime offences.

The Supreme Court of Pakistan has taken a firm stance on this issue in several cases, holding that the unauthorised disclosure of telephone conversations is illegal and violates fundamental rights, including the right to privacy. The Prevention of Electronic Crimes Act 2016 regulates telephone tapping under Sections 19, 20 and 21. These provisions establish guidelines for the lawful interception of electronic communication for national security, public order or the investigation of criminal offences. The Act requires that any request for interception of electronic communication must receive approval from the Federal Government or an authorised officer appointed by it. Furthermore, the request must specify the reasons for interception and the duration of the interception. The Act also establishes an oversight committee to ensure that interceptions comply with the law.

To sum up, telephone tapping is prohibited in Pakistan unless authorised by a court order or law. The legal framework that governs telephone tapping is based primarily on the Pakistan Telecommunication (Re-organisation) Act, 1996, and the Prevention of Electronic Crimes Act, 2016. Law enforcement agencies or private individuals can authorise telephone tapping in specific circumstances. Strict procedures must be followed in this regard. Anyone who intercepts or discloses information related to electronic communication without lawful authority can be punished with imprisonment, fine, or both.

The writer is an advocate of the High Court and a PhD scholar