Pakistan court says law on social media 'defamation' against free speech protection in constitution

In this file photo, an IT professional browses Facebook in Lahore, Pakistan, on May 27, 2010. (AFP)
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Updated 24 February 2022
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Pakistan court says law on social media 'defamation' against free speech protection in constitution

  • New ordinance increases jail term for defaming any person or institution on social media from 2 to 5 years
  • Islamabad court has restrained FIA from arresting people under the new ordinance

ISLAMABAD: A Pakistani high court said on Thursday a controversial amendment to the country’s cybercrime law that was approved by the president last week to enhance jail terms for social media users convicted of disseminating “fake news” was against an article of the constitution that related to free speech.

A day earlier on Wednesday, the Islamabad High Court restrained the Federal Investigation Agency (FIA) from arresting people under Section 20 of the recently promulgated Prevention of Electronic Crimes (Amendment) Act Ordinance 2022, which criminalizes ““defamatory” and “fake” content on social media and is widely viewed as a tool to silence critics of the government.

President Dr. Arif Alvi promulgated the ordinance on Sunday to amend the Prevention of Electronic Crimes Act, 2016 (PECA).

The new ordinance introduces an amendment to section 20 of PECA 2016, which was passed during the government of former Pakistan Muslim League-Nawaz (PML-N). It increases the jail term for defaming any person or institution on social media from two to five years and makes it mandatory for courts to decide cases within six months. The offense has also been made non-bailable.

Almost all of Pakistan’s opposition parties and journalist unions have opposed the new law. The government denies it wants to censor the press or political opponents.

“If you read the ordinance, you realize that it is in contravention to Article 19 of the constitution,” IHC Chief Justice Athar Minallah was quoted as saying in a statement by the Pakistan Federal Union of Journalists, referring to an article that deals with freedom of speech, expression and the press.

The IHC was hearing a petition filed by PFUJ against the PECA ordinance.

“No one should be afraid that the government will use this law to target those who criticize it,” the court said. “It is disappointing to say that action is being taken against people who raise their voices against the government.”

The court said that it was of “particular concern” to the judiciary that ordinances were being used to make the cybercrime law even more draconian.

“This [amendment] was carried out by a party whose own strength was social media,” he added, referring to the ruling Pakistan Tehreek-e-Insaf, considered the first political party in Pakistan to establish its presence on social media.  

“If political parties can create social media teams, then why are they so afraid of difference of opinion?” he asked.  

The chief justice said many cases brought before the court pertained to the FIA having acted illegally to protect public officeholders: “You are giving FIA the right to arrest any person and till the trial begins, that person will stay imprisoned? ... Is there nothing else the FIA has to do?”

The chief justice said PFUJ was the only stakeholder in this case, and the high court would not hear petitions filed by political parties against the PECA ordinance. “They should go to the parliament [to seek remedy],” he said.  

The court adjourned the hearing of the case till March 10.


PM hails Pakistan for ‘unstoppable, unbeatable’ performance in South Africa ODI series

Updated 23 December 2024
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PM hails Pakistan for ‘unstoppable, unbeatable’ performance in South Africa ODI series

  • Green Shirts thrashed South Africa 3-0 after losing Twenty20 series 2-0
  • Pakistan will now play three Tests against South Africa later this month

ISLAMABAD: Prime Minister Shehbaz Sharif on Monday praised the Pakistan cricket team for winning a three-match One Day International (ODI) series against South Africa, describing their performance as “unstoppable and unbeatable.”

The Green Shirts completed a series clean sweep over South Africa in the third ODI at the Wanderers Stadium on Sunday, with rising star Saim Ayub smashing his second century of the series and his third from five innings.

The left-handed opening batsman made a sparkling 101 off 94 balls in a Pakistan total of 308 for nine. Heinrich Klaasen thrashed 81 off 43 balls for South Africa, but the hosts were beaten by 36 runs chasing an adjusted target of 308 because of rain.

“Unstoppable and unbeatable!” Sharif remarked in a post on X. “Congratulations to Team Pakistan on an outstanding 3-0 ODI series victory against South Africa.”

The prime minister also praised the Pakistan Cricket Board chairman for the team’s performance.

“Well done, boys! Your determination, skill, and teamwork under the leadership of the PCB Chairman Syed Mohsin Raza Naqvi have made the entire nation proud,” he said.

“Keep raising the green flag high!“

South Africa won the T20I series 2-0 after the third match was washed out on Dec. 14. The ODI series win comes ahead of the upcoming International Cricket Council (ICC) Champions Trophy, which Pakistan will hosting in February and March 2025.

Pakistan will also play three Tests against South Africa later this month.


Government, Imran Khan’s party conclude first round of formal talks, next session on Jan. 2

Updated 57 sec ago
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Government, Imran Khan’s party conclude first round of formal talks, next session on Jan. 2

  • Negotiations began after Khan threatened civil disobedience, seeking release of political prisoners
  • PTI has been asked to present its demands in the next session to set the tone for the negotiations

ISLAMABAD: The government and the opposition Pakistan Tehreek-e-Insaf (PTI) of former Prime Minister Imran Khan held the first round of formal negotiations on Monday to address a range of issues, with PTI asked to present its demands in writing at the next session on January 2.
The two sides began long-awaited talks to resolve issues fueling political polarization and straining the country’s fragile economy, with National Assembly Speaker Ayaz Sadiq chairing the meeting, after the government formed a negotiating team a day earlier.
The development came after ex-premier Khan’s threat to launch civil disobedience by urging overseas Pakistanis, his party’s key support base, to halt remittances if his demands, including the release of political prisoners, were not met by Dec. 22. Khan, who has been imprisoned for over a year on charges he claims are politically motivated, has also called for judicial commissions to investigate violent protests on May 9 last year and Nov. 26 this year, which the government says involved his party supporters.
Known for taking hard-line political positions, Khan formed a seven-member committee to negotiate with the government. This was done amid growing concerns he may face trial by the military for allegedly inciting attacks on sensitive security installations during violent protests following his brief detention last year in a graft case.
“Since some members of the opposition could not join the talks today, we have decided to hold the next meeting on January 2,” Sadiq said at the end of the initial round of negotiations. “The opposition will also present a charter of demands in the meeting.”

Representative of the government coalition attend the committee meeting in Islamabad, Pakistan, on December 23, 2024. (@NAofPakistan/X)

He said the talks were held in a cordial environment, adding that it was vital to end political polarization in parliament and across the country.
The speaker requested Senator Irfan Siddiqui to read a joint press statement and urged people not to speculate excessively about the negotiations to ensure their success.
Siddiqui said both sides agreed parliament was the appropriate forum to resolve political differences and emphasized that the negotiation process should continue.
He mentioned the PTI had been asked to provide a written document outlining its demands to help set the tone for the talks.
Speaking to the media later, Khan’s close aide, Asad Qaiser, said the PTI team asked the government to release all political prisoners, including the former prime minister, and form a judicial commission with senior Supreme Court judges to probe the May 9 and Nov. 26 incidents.
“We should be allowed to hold a meeting with Imran Khan,” he said. “He is our leader. We will move forward with his instructions.”
Qaiser informed the government had said it would arrange the meeting, though he maintained it was not clear when would that happen.

Asad Qaiser (left), member of former Prime Minister Imran Khan's Pakistan Tehreek-e-Insaf party, speaks during the committee meeting in Islamabad, Pakistan, on December 23, 2024. (@NAofPakistan/X)

The negotiations came days after Pakistan’s military announced prison sentences for 25 people involved in the May 9, 2023, protests, which PTI has demanded be investigated. The military said it had gathered “irrefutable evidence” against those prosecuted and reiterated its commitment to bringing the planners of the violence to justice.
The country has remained gripped by political unrest and uncertainty since Khan’s ouster from power through a parliamentary no-confidence vote, which has also exacerbated Pakistan’s economic hardships.
Senior government representatives have previously acknowledged that negotiations could offer a pathway out of the current political impasse. However, they have cautioned that it is too early to determine which of PTI’s demands might be addressed.


Ancient winter festival in Pakistan’s Chitral concludes with rituals, traditional dance

Updated 23 December 2024
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Ancient winter festival in Pakistan’s Chitral concludes with rituals, traditional dance

  • Chawmos festival is celebrated in December by the Kalash people, who are numbered around 4,000
  • Festival marks welcoming of new year, celebrated with dance, animal sacrifice, singing and feasting

PESHAWAR: A religious winter festival celebrated by the Kalash people in the northwestern Pakistani district of Chitral has concluded after featuring rituals, traditional dance and other festivities for two weeks, provincial tourism authority said on Monday.

The Kalash are a group of about 4,000 people, possibly Pakistan’s smallest minority, who live in the mountains of the Hindu Kush, where they practice an ancient polytheistic faith.

They come together each year in December to celebrate the two-week Chawmos festival after the community finishes fieldwork and stores cheese, fruit, vegetables and grains for the year.

The festival features various rituals, animal sacrifice, dance, songs and feasting, preserving the Kalash culture and attracting a number of tourists to Pakistan’s Khyber Pakhtunkhwa.

“The religious Chawmos festival of the ancient Kalash Valley has concluded,” Mohammad Saad, a spokesperson for the KP Tourism Authority, said in a statement.

“The festival continued from Dec. 8 in the three valleys of Bumburet, Birir and Rumbur.”

The picture shared by the Khyber Pakhtunkhwa Culture and Tourism Authority on December 23, 2024, shows men wearing animal masks participate in the two-week Chawmos festival in the northwestern Pakistani district of Chitral. (kptourism/Facebook)

The Kalash community’s religion incorporates animiztic traditions of worshipping nature as well as a pantheon of gods, and its people live mainly in the three Kalash valleys of Bumburet, Birir and Rumbur.

The Chawmos festival is celebrated to welcome the new year, with the Kalash people indulging in religious practices and distributing vegetables and fruit among each other, according to the official.

The picture shared by the Khyber Pakhtunkhwa Culture and Tourism Authority on December 23, 2024, shows a man applying henna at the Chawmos festival in the northwestern Pakistani district of Chitral. (kptourism/Facebook)

The festival was attended by a large number of domestic and foreign tourists who were fully facilitated by the provincial tourism authority.

The picture shared by the Khyber Pakhtunkhwa Culture and Tourism Authority on December 23, 2024, shows Kalash tribespeople and tourists participate in the two-week Chawmos festival in the northwestern Pakistani district of Chitral. (kptourism/Facebook)

 


Pakistan defense minister blames judiciary for delayed verdicts in May 9 cases

Updated 23 December 2024
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Pakistan defense minister blames judiciary for delayed verdicts in May 9 cases

  • National problems require decisions at the earliest, says Khawaja Asif while talking to media in London
  • Protests erupted in several Pakistani cities on May 9, 2023, over ex-PM Imran Khan’s arrest in a graft case

ISLAMABAD: Pakistan’s Defense Minister Khawaja Asif on Sunday blamed the judiciary for delaying verdicts in the May 9, 2023, cases, which have so far led to the conviction of 25 supporters of former Prime Minister Imran Khan’s Pakistan Tehreek-e-Insaf (PTI) party for attacking government buildings and military properties last year.

On Dec. 21, the Pakistan Army sentenced 25 people for participating in the violent protests that erupted in several Pakistani cities following Khan’s brief detention on corruption charges, resulting in damage to major military facilities and martyrs’ monuments in the country.

However, several suspects are also facing legal charges in anti-terrorism courts, with the military hoping for early verdicts in their cases, according to a statement announcing the sentencing of the 25 individuals, which described the rioting as “politically provoked violence.”

The PTI has denied any involvement in the violence, describing the May 9 incident as a “false flag” operation aimed at crushing the party.

“The judiciary created the biggest hurdle in this [the conviction of May 9 suspects] while this thing was allowed to linger for one and a half years,” Asif said while speaking to the media in London, the city he is currently visiting.

Describing the May 9 protests as a national problem, he said all the cases related to it required verdicts at the earliest.

The conviction of the 25 individuals followed a ruling by a seven-member Constitutional Bench of the Supreme Court of Pakistan on Dec. 13, allowing military courts to share their verdicts. Prior to that, the court had unanimously declared last year that prosecuting civilians in military courts violated the Constitution.

Khan’s PTI party rejected the military’s announcement, with opposition leader Omar Ayub Khan saying they were “against the principles of justice.”

The sentencing of the 25 individuals also raises concerns about Khan, who faces charges of inciting attacks against the armed forces and may potentially be tried in a military court.

Earlier, Asif had regretted the delay in announcing the verdicts, saying that it “raised the morale of the accused and their facilitators.”

“Right now, only the workers, who were used [to generate violence], have been punished under the law,” he had said. “This will not end until the ones, who planned this terrible day, are not brought before the law.”


Pakistan PM reviews security situation amid rising militancy, sectarian clashes

Updated 23 December 2024
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Pakistan PM reviews security situation amid rising militancy, sectarian clashes

  • PM Sharif was briefed by Mohsin Naqvi who recently attended a security meeting in Khyber Pakhtunkhwa
  • Security remained a concern for Pakistan this year, which witnessed renewed attacks on Chinese nationals

ISLAMABAD: Prime Minister Shehbaz Sharif evaluated the security situation during a meeting with Interior Minister Mohsin Naqvi in the eastern Pakistani city of Lahore on Sunday, focusing on measures taken by the authorities to ensure peace across the country.

The talks come days after Naqvi attended a high-level security meeting in the volatile Khyber Pakhtunkhwa province, which borders Afghanistan and has seen a surge in cross-border militant attacks.

The region’s Kurram district has been gripped by sectarian clashes since last month, leaving well over 100 people dead, according to local reports.

During the meeting in Khyber Pakhtunkhwa, Naqvi and other stakeholders decided to enhance the capacity of law enforcement agencies with the federal government’s full cooperation to combat mounting security challenges.

Pakistan has also faced unrest in its southwestern province of Balochistan, where separatist attacks intensified throughout the year.

“Federal Interior Minister Syed Mohsin Raza Naqvi provided a detailed briefing to Prime Minister Muhammad Shehbaz Sharif on the overall security situation in the country,” the statement from the PM Office said. “The Prime Minister expressed satisfaction with the measures taken to ensure law and order in the country.”

The meeting also included discussions on the country’s political situation, the statement added.

Security remained a major concern for the government this year, which witnessed renewed attacks on Chinese workers, including five fatalities when their convoy was targeted by an explosive-laden vehicle near Besham city in Khyber Pakhtunkhwa.

Later in October, two Chinese engineers lost their lives in a blast near Karachi airport.

On Sunday, Pakistan’s army chief, General Asim Munir, vowed to hunt down militants and their facilitators, following a deadly attack on a military outpost in Khyber Pakhtunkhwa that left 16 soldiers dead.