2. The learned counsel has, inter-alia, contended that the actions of the Authority are in violation of section 37 of the Prevention of Electronic Crimes Act, 2016 [hereinafter referred to as the “Act of 2016”]. It has been argued that despite this Court’s directions vide order, dated 12.09.2019, passed in W.P. No. 634/2019, titled “Awami Worker Party v. PTA, etc.“, the Authority and the Federal Government have failed to fulfill their respective statutory obligations under sub section (2) of section 37 of the Act of 2016 and thus the powers conferred under sub section (1) ibid are being abused. The “TikTok” app has been banned by the Republic of India on the ground of security concerns because it is owned by a Chinese company. The learned counsel has contended that another judgment, dated 24.07.2020, of this Court passed in W.P. No. 1788/2020, titled “M/s Proxima Beta Pte. Ltd. v. Federation of Pakistan, through the Secretary, Ministry of Information Technology and Telecommunication, Islamabad and 02 others” has also been consistently violated by the Authority. The learned counsel has stressed that Articles 19 and 19-A of the Constitution of the Islamic Republic of Pakistan, 1973 [hereinafter referred to as the “Constitution”] guarantee the fundamental right of free speech and access to information. The learned counsel has stated that the petitioner is not against regulating the application but is aggrieved on account of prohibition imposed by the Authority and that too in violation of the provisions of the Act of 2016. He has stated that the app “TikTok” provides a source of income to many talented citizens, particularly belonging to marginalized classes and that the abuse of the platform by a few does not justify imposing a ban.
3. The questions raised need consideration. Admit. Notice.
4. Keeping in view the importance of the questions raised, the President of Pakistan Federal Union of Journalists, Mr Mazhar Abbas, former president, Vice Chairman, Pakistan Bar Council, and Mr Javed Jabbar, former Federal Minister are appointed to assist this Court as amici, particularly regarding the question of alleged abuse of powers by the Authority vested under the Act of 2016 which consequently violates the fundamental rights guaranteed under Articles 19 and 19-A of the Constitution. Copies of this order alongwith memorandum of petition, are directed to be sent to the amici.
5. The Authority is directed to nominate a senior officer to appear before this Court on the next date fixed and explain why proceedings may not be initiated for violating the directions given by this Court in the aforementioned judgments and why the order of banning “TikTok” app may not be suspended.
6. Relist, on 23.10.2020. The petition will be taken up at 10:30 a.m.
Exemption sought for is allowed, subject to all just and legal exceptions.
