Internet Freedom - Real Independence

By Yasser Latif Hamdani

Newspapers reported that the IT Minister, Ms. Anusha Rahman, is working with experts to create software to block all objectionable material which would then allow the YouTube ban to be lifted. After 11 months, this is where we are at and we still have it all wrong.

I am the petitioner’s counsel in Bytes for all v. Federation of Pakistan etc before the Lahore High Court where the petitioner argues for unfettered net freedom and an unqualified end to censorship, filtering and regulation on the internet. As petitioner’s counsel I would like to re-state for the people the case we have made before the Honourable High Court in simple English language. It has been necessitated by a malicious defamatory campaign that has been undertaken by certain quarters within the power pro-censorship lobby in our government.  

My Arguments before His Lordship Umar Ata Bandial in PTA-Blackberry Case 28.11.11

          In the Honourable Lahore High Court at Lahore

                             Yasser Latif Hamdani v. PTA and one other

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Writ Petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973

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ARGUMENTS

RESPECTFULLY SUBMITTED:

1. Article 19 of the Constitution of the Islamic Republic of Pakistan, 1973, reads :

Every citizen shall have the right to freedom of speech and expression, and there shall be freedom of press, subject to any reasonable restrictions imposed by law in the interest of the glory of Islam or the integrity, security or defence of Pakistan or any part thereof, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, commission of or incitement to an offence.

Submission:

1. Possible restrictions on freedom of speech, constitutional or unconstitutional, may be divided into two categories : 

a.       Restraints on freedom of speech and expression prior to an exercise of the same.

b.      Restraints on freedom of speech and expression after the exercise of the same.

The narrowest view of freedom of speech and expression is that of William Blackstone. In his commentaries on freedom of expression, Sir William Blackstone took the view that the terms freedom of speech, expression and press were aimed at liberating the individual from fetters of the first kind. In chapter XI of his famed Commentaries on laws of England, Sir William lays down his view:

Misusing Article 14 and Article 19-A of the Constitution

It is extraordinary when people who otherwise have nothing to do with constitution and law use fundamental rights to forward their own narrow agenda. Article 19-A was introduced by the legislature through the 18th Amendment to create transparency in matters of public importance. Similarly Article 14 is a longstanding fundamental right promising dignity of life. Ironically Hafez Saeed- who does not believe in democracy or fundamental rights- has filed a petition through A K Dogar in the Lahore High Court.

Jamatud Dawa chief Hafiz Saeed has moved a constitutional petition in the Lahore High Court seeking implementation of a resolution unanimously passed by parliament against the US drone attacks in Pakistan.

Hafiz Saeed filed the petition on Tuesday through his counsel AK Dogar and also pleaded that the federal government might be directed to make public the ‘secret deals’ with the US as under Article 19-A of the Constitution every citizen of Pakistan had the right to have access to information.