that “efforts were accelerated to track internet users’ activities online and hunt down undesirable elements.” It is not just political power hubs like the Ministry of Interior that have advocated an increase in restrictions and monitoring of social media. In March 2017, Justice Shaukat Aziz Sidiqui of the Islamabad High Court (IHC) commented that blasphemy through social media is “a greatest form of terrorism and people involved in this heinous act are biggest terrorists,”4 and ordered the Ministry of Interior to “eliminate access to blasphemous content on social media, even if it means blocking all access to social media platforms.”5 The discussions on media, the statements from ministries and the comments from honorable judges of the judiciary appear to limit the narrative on social media to the issue of blasphemy. Yet the reality is much more complex. The statements from the Ministry of Interior followed a political disaster that unfolded on Twitter, after the official account of the Inter-Services Public Relations (ISPR) was used to send out a tweet that rejected a government statement regarding Dawn Leaks.6 The tweet was later withdrawn through a statement that the “Twitter post stands withdrawn and has become infructuous.”7 However, the original use of Twitter to reject a government statement and the following public outcry created an extremely humiliating scenario for the government, and the Ministry of Interior was at its midst. The comments from the IHC judge followed harrowing incidents of enforced disappearances of five bloggers and activists, who were accused of being involved in running blasphemous pages, but were also known to be political activists with critical and dissenting opinions. 4 5 6 7 Asad, M. (2017, 8 March). ). IHC wants blasphemous content on social media blocked. Dawn.com. https://www.dawn.com/ news/1319102 Shehzad, R. (2017, 7 March). Blasphemy: IHC directs authorities to block all social media if necessary. The Express Tribune. https://tribune.com.pk/story/1348784/ ihc-directs-authorities-block-social-media-necessary Dawn Leaks refers to a news story published in Pakistan’s oldest and most widely circulated English-language newspaper, Dawn. The story was based on information leaked from a high-level meeting between the civil and military leadership. The publication of the story was seen as anti-national and led to a high-level inquiry and the dismissal of then Federal Minister of Information Pervez Rasheed. See Almeida, C. (2016, 6 October). Exclusive: Act against militants or face international isolation, civilians tell military. Dawn.com. https://www.dawn.com/news/1288350/ exclusive-act-against-militants-or-face-international-isolationcivilians-tell-military Dawn. (2017, 10 May). Army withdraws tweet “rejecting” PM Office’s directives on Dawn story probe. Dawn.com. https://www. dawn.com/news/1332244 Ch. Nisar’s own warning about possible permanent blocking of all social media websites came right after “the refusal of the Facebook administration to share details of those persons who allegedly were running a malicious campaign against the superior judiciary through the social networking site.”8 The bloggers were later “recovered,” without much explanation from state authorities. However, despite any presented evidence or a court case, the bloggers were directly linked to blasphemy in the public imagination through a prolonged and structured campaign that was run online and through certain media channels. The recounted incidents and statements occurred in the first half of 2017 alone. They remain reflective of the direction the state is taking with regard to the regulation and criminalisation of expression online. State actions connected to restriction of speech online have gone beyond mere statements, and over the last few years, Pakistan has witnessed a very structured attempt to legally restrict the space for political and other expression through the enactment of regressive laws and policies. Methodology This report is primarily based on a review of laws, legal cases and literature that outline legal limitations imposed upon freedom of expression online. Through a general analysis of available case law, the report also looks at how laws related to expression online have been implemented and interpreted by courts. The research framework is largely drawn from one developed by SMEX.9 Using this framework, the report explores sections related to online expression within the country, in the following areas: • Legal foundations – including those codes that inform the legislative and legal groundwork in the country, including the constitution, the penal code and the code of procedure. • Fundamental rights and freedoms – as defined within the constitution and special laws. • Governance of online and networked spaces – as regulated by relevant criminal laws and within IT policies. • Sectoral laws – laws that are directly related to the operations of the information and communications technology (ICT) sector. 8 9 Rao, S., & Mukhtar, I. (2017, 10 March). Nisar threatens to block social media websites. The Nation. nation.com.pk/national/10-Mar-2017/ nisar-threatens-to-block-social-media-websites https://smex.org 104 / Unshackling Expression