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:

The Road to hell

By Yasser Latif Hamdani

Thanks to Pakistan Telecommunication Authority (PTA), we are now a pornography-free society. Now our young boys and girls will grow up to be good Muslims unhindered by the evil temptations that the internet provided, especially boys. This is precisely what Pakistan needed — lots more testosterone and not outlet. We are now dynamite-like and on a very short fuse. Soon the whole world will know that we are all ticking time bombs. The porn-free Pakistanis will be a formidable force but for what? That bit we have not determined yet.