garb of freedom or liberty whether for speech or
press.”
In addition to Section 295 A and B of the PPC,
Section 37 of the Prevention of Electronic Crimes
Act, 2016 also instructs the Pakistan Telecommunication Authority (PTA) to block access to content
that is “against the glory of Islam” – i.e. blasphemous content.
Some of the more prominent cases of blasphemy involving technology include a first information
report (FIR) filed against Shan Taseer, son of a former governor who was killed by his own guard for
criticising the blasphemy law.13 The FIR against Shan
Taseer is also on criticism of the law, not conducting blasphemy itself. The criticism was expressed
through social media. In 2017, Pakistan also witnessed the first sentence of capital punishment14
for someone convicted of expressing blasphemy
online. On 17 September 2017, another death sentence was given to a Christian man for sending a
blasphemous poem over WhatsApp.15 Cases filed
have included incidents of sending SMS,16 sending
text over WhatsApp,17 recording and sending blasphemous content via mobile phone,18 or “liking”
blasphemous posts on Facebook19 or other social
media.20 Cases have also been registered against
non-Pakistani citizens and residents.21
Another serious development was the decision
of Salman Shahid vs Federation of Pakistan. Justice
Shaukat Aziz Siddiqui of the Islamabad High Court
commented in the decision22 that the government
should try to initiate action to permanently shut
down websites and pages that host blasphemous
content. The court also asked the government to “agitate the matter before the United Nations through its
permanent delegate for legislation at international
level against such acts and convey the reservations
of the Muslims of the world in general and that of
Pakistan in particular regarding the publication of
such objectionable material.” The justice has also
recommended more stringent legislation on the likes
of other “Islamic countries” as well as China.
13 Tanvir, R. (2016, 31 December). Shaan Taseer booked
for “hate speech” following Christmas message. The
Express Tribune. https://tribune.com.pk/story/1280484/
shaan-taseer-booked-hate-speech-following-christmas-message
14 Rasmussen, S., & Gillani, W. (2017, 11 June). Pakistan:
man sentenced to death for blasphemy on Facebook. The
Guardian. https://www.theguardian.com/world/2017/jun/11/
pakistan-man-sentenced-to-death-for-blasphemy-on-facebook
15 Johnston, I. (2017, 16 September). Christian man sentenced to
death in Pakistan over ‘blasphemous’ WhatsApp message sent to
friend. The Independent. www.independent.co.uk/news/world/
asia/pakistan-blasphemy-death-sentence-nadeem-james-poemwhatsapp-message-gujrat-a7950561.html
16 Islam, S. (2012, 3 March). Blasphemy prosecution: Cleric made
complainant on court directive. The Express Tribune. tribune.
com.pk/story/344660/blasphemy-prosecution-cleric-madecomplainant-on-court-directive
17 AFP. (2016, 11 July). Christian man in Lahore
charged with blasphemy over WhatsApp poem. The
Express Tribune. tribune.com.pk/story/1139513/
christian-man-lahore-charged-blasphemy-whatsapp-poem
18 Gabol, I. (2016, 28 June). Two Christians among three sentenced
to death for blasphemy by Punjab court. Dawn.com. https://www.
dawn.com/news/1267876/two-christians-among-three-sentencedto-death-for-blasphemy-by-punjab-court
19 Jami, A. (2017, 24 March). FIA arrests three in social media
blasphemy case. Dawn.com. https://www.dawn.com/
news/1322531
20 Dhakku, N. (2014, 15 November). Man held over blasphemy
allegation. Dawn.com. https://www.dawn.com/news/1144655/
man-held-over-blasphemy-allegation
21 Islam, S. (2012, 28 February). Blasphemy: Burning Quran is a form
of international terrorism, says petitioner. The Express Tribune.
tribune.com.pk/story/342763/blasphemy-burning-quran-is-aform-of-international-terrorism-says-petitioner
(1) A person commits an offence if he prints, publishes or disseminates any material, whether by
audio or videocassettes [or any form of data
storage device, FM radio station or by any visible sign] or by written photographic, electronic,
digital, wall chalking or any other method [or
means of communication] which [glorifies terrorists or terrorist activities or] incites religious,
sectarian or ethnic hatred or gives projection to
any person convicted for a terrorist act, or any
person or organization concerned in terrorism
or proscribed organization or an organization
placed under observation:
Restrictions on the basis of national security
The most prominent law that defines restrictions
geared towards protection of national security is
the Anti Terrorism Act. Section 11W of the Anti Terrorism Act has been used to register cases against
speech online:
11W. Printing, publishing, or disseminating any
material to incite hatred or giving projection
to any person convicted for a terrorist act or
any proscribed organization or an organization
placed under observation or anyone concerned
in terrorism.
Provided that a factual news report made in
good faith shall not be construed to mean “projection” for the purposes of this section.
(2) Any person guilty of an offence under subsection shall be punishable on conviction with
imprisonment, which may extend to five years
and with fine.
In June 2017, a man was handed the death sentence
for committing blasphemy over Facebook. The
22 Salman Shahid vs Federation of Pakistan via Ministry of Interior,
Writ Petition739/2017 (Islamabad High Court 2017).
108 / Unshackling Expression