figure 2. Restriction on freedom of expression under Article 19 of the constitution
Blasphemy - Section 295 A,
295C, 298 & 298 A of Pakistan
Penal Code, 1860
Against the
glory of Islam
Restrictions on Ahmediyya
Community - Section 298
B & 298 C of Pakistan
Penal Code, 1860
Against integrity,
security or
defence of
Pakistan
Constitutional
restrictions
on freedom of
expression as
defined in Article
19, Constitution
of the Islamic
Republic of
Pakistan, 1973
and laws defining
the restrictions
Affects friendly
relations with
foreign states
Section 37 of
Prevention of Electronic
Crimes Act, 2016
Sedition - Section 124 A of
Pakistan Penal Code, 1860
Section 11 W of Anti
Terrorism Act, 1997
Section 12 of Security of
Pakistan Act, 1952
Section 3, 4, 5 and 6
of Official Secrets Act,
1923
Public Order (Meetings)
Ordinance, 1958
+ Additional laws
at provincial levels
Disturbs public
order
Section 20 and 21
of Prevention of
Electronic Crimes
Act, 2016
Against decency
or morality
Section 294 of
Pakistan Penal
Code, 1860
Contempt of Court
Act, 2012
In relation to
contempt of court
Leads to
incitement of an
offence
Article 204
of the
Constitution
Section 37 of
Prevention of
Electronic Crimes
Act, 2016
Section 11 W of Anti
Terrorism Act, 1997
Section 37 of Prevention of
Electronic Crimes Act, 2016
Pakistan Electronic Media Regulatory Authority Act,
the Press Council of Pakistan Act, and other laws
defining censorship and content regulation in films
and advertisements. However, none of these specifically extends to the online sphere and thus they
are not a subject of study in this paper.
Curtailment of online freedom of expression
Constitutionally prescribed restrictions on
freedom of expression
The discussion on online freedom of expression
has to start with Article 19 of the Constitution of
the Islamic Republic of Pakistan, which both grants
and limits the right of freedom of expression in the
country. Article 19 states that:
Every citizen shall have the right to freedom of
speech and expression, and there shall be freedom of the 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.
Most of the restrictions prescribed in Article 19 have
been codified through a set of laws (see Figure 2).
106 / Unshackling Expression