Case Summary and Outcome

A ban on Facebook access throughout Pakistan was enacted on May 19, 2010 and then subsequently lifted on May 31, 2010. The Lahore High Court lifted the ban only after it was assured by the Pakistan Telecommunication Authority that the offensive material found on Facebook was no longer available.

Facts

On May 19, 2010, the Lahore High Court banned access to Facebook.com in response to a writ petition (according to article 199 of the Constitution) submitted to the court by Zulfiqar Ali, affiliate of the Islamic Lawyers’ Movement (ILM). [1] Under article 199 of the Pakistani Constitution, a High Court has jurisdiction to make an order in response to the application of an aggrieved party. [2] In this case, the grievance from Mr. Ali surrounded the “Everybody Draw Mohammed Day!” Facebook page and the lack of government action to address the offensive material. [3] The petition asserted that according to the Constitution of Pakistan the government is responsible for “monitor[ing] and check[ing] the websites and … ensur[ing] that the emotions and belie[f]s of the Muslims of Pakistan [are] not distributed.” [4] Thus, because the government failed to address the offensive material on Facebook, the petitioner was permitted in evoking the jurisdiction of the Lahore High Court to ban the website. [5]

[1] Farieha Aziz, In the Name of the Law, (June 30, 2010), http://www.newslinemagazine.com/2010/06/in-the-name-of-the-law/

[2] Pak. Const. art. 199

[3] Farieha Aziz, In the Name of the Law, (June 30, 2010), http://www.newslinemagazine.com/2010/06/in-the-name-of-the-law/

[4] Id.

[5] Id.

Decision Overview

On May 31, 2010, after hearing the matter, the Lahore High Court lifted the ban on Facebook. Legal experts have stated that a blanket ban on Facebook.com violated several rights enshrined within Pakistan’s Constitution, including the right to freedom of expression and information (article 19). [1] However, a constitutional analysis was not utilized in the court’s reasoning to lift the ban. Rather, the ban was lifted after the government, specifically the Pakistan Telecommunication Authority (PTA), assured the court “that the ‘blasphemous material’ would no longer be available in Pakistan.” [2]

[1] Farieha Aziz, In the Name of the Law, (June 30, 2010), http://www.newslinemagazine.com/2010/06/in-the-name-of-the-law/. Pak. Const. art. 19.

[2] Zeeshan Haider, Pakistan lifts Facebook ban but restrictions remain, (May 31, 2010), http://www.reuters.com/article/2010/05/31/us-pakistan-facebook-idUSTRE64U14J20100531.