Regulation of Social Media Platforms in Pakistan: Legal Challenges and Freedom of Expression Concerns

Abstract

The policing of social media has become one of the most debatable aspects of digital governance in Pakistan that poses a problem that is difficult to resolve through legal, constitutional and normative legal frames due to the vested authority of the state, the accountability of the platform and freedom of speech. Since the emergence of social media as one of the main sources of political dialogue, the rise of journalism, activism, and socialization, the Pakistani state has been actively attempting to censor online content by applying both statutory and delegated laws as well as executive directives. The paper is a critical analysis of how the regulation of social media platforms in Pakistan is being changed, the institutional machinery that undertakes the change and the dilemma of the regulations on freedom of expression to the Constitution and international human rights law. It states that although the state can have legitimate concerns in dealing with illegal contents, fake news and online malaise, the regulatory stance used by Pakistan is of an unclear legal framework, wide discretion, and a lax procedure. The Prevention of Electronic Crimes Act, 2016, and the regulatory regulations provided by the Pakistan Telecommunication Authority confer wide powers to block, censor or delete online content, which in many instances are not accompanied by clear criteria or due process through the courts. These attributes bring about important overreach dangers, selective enforcement, and chilling impacts on legitimate expression. This article brings out the conflict between social media regulation in Pakistan and the freedoms of democratic values by placing the social media regulation in Pakistan under the constitutional jurisprudence and also in relation to the international standards. It concludes that unless there is a more explicit legal clarification, autonomous control, and enhanced defense of expressive freedom, social media regulation in Pakistan would be at the disadvantage of freedom of expression and integrity of digital control.