ISLAMABAD-The Islamabad High Court (IHC) Friday raised question over the government rules regarding social media saying that criticism was essential for democracy. 
A single bench of IHC comprising Chief Justice of IHC Justice Athar Minallah raised the question over the rules while hearing a petition challenging the ban on TikTok, by Pakistan Telecommunication Authority (PTA) moved by Muhammad Ashfaq Jutt, a Lahore-based sportsman and celebrated athlete.  In this matter, the Pakistan Bar Council (PBC) as amici (assistant to court) submitted its reply by raising objections over the recently approved rules titled, Removal and Blocking of Unlawful Online Content (Procedure, Oversight and Safeguards) Rules 2020 (RBUOC). 
The PBC maintained that it seemed the new rules contradicted some articles of the Constitution.  During the hearing, the IHC Chief Justice discouraged the PTA counsel for citing India as an example and remarked that the court was very clear that fundamental rights of the citizens would not be violated. 
He made the observation that if India is wrong then they would not follow its footsteps. He questioned that which authority had made and approved the rules. 
Justice Athar emphasised that social media rules should encourage criticism because discouraging criticism on social media would discourage the accountability. He added that PTA should encourage criticism because it is the most important part of freedom of expression and democracy. 
He also asked that why should anyone be afraid of criticism? Everyone should face it. Even court decisions are criticised. He maintained that if the authorities ban criticism in the 21st century, it would lead to damage. 
The Pakistan Telecommunication Authority (PTA) official informed the court that letters were written to the PBC and Islamabad Bar Council for suggestions. He added that some provisions of the rules gave the impression that they are unconstitutional.  The IHC bench directed the PTA counsel to argue his case and prove that the rules were not in conflict with Article 19 and 19A on the next hearing. He reiterated that the objections raised by PBC were justified and directed the PTA to also take into account the objections raised by the PBC.  Justice Athar said that when court decisions are made public, there is no contempt of court for criticising those decisions. Then, the court sought a reply from the PTA and adjourned the hearing till December 18.