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

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