Pakistan’s Social Media Ban Petition Reaches Federal Constitutional Court

For context, a petition has been filed before the Federal Constitutional Court (FCC), seeking to ban social media access for children under 16.

Key points

• They additionally cited the Convention on the Rights of the Child and a previous Lahore High Court judgment, PLD 2020 Lahore 137.
• They specifically point to the Prevention of Electronic Crimes Act (Peca), 2016, saying it contains no provision restricting social media employ by children under 16.
• The petitioners argue that the government's failure to address these problems violates Articles 9, 14, 25, 25-A and 35 of the Constitution.
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Meanwhile, the petitioners cited Australia, Italy, and Brazil as examples of countries that have already introduced restrictions on social media access for users under 16, arguing that similar measures are both feasible and necessary in Pakistan.

In practice, the petition was filed at the Lahore registry by lawyers Sheraz Zaka and Moin Akhtar. While Akhtar filed the case as the father of a minor child, zaka described himself as an activist.

Meanwhile, the petitioners argue that children in Pakistan are being exposed to cyberbullying, addictive platform designs, sexualised material and the glorification of alcohol. It they say can negatively affect their mental and moral development. Here Are the Key Steps to Protect WhatsApp from Hackers. What the Petition is Asking For.

Meanwhile, the petitioners have asked the FCC to direct the federal administration to amend Peca 2016 to restrict social media access for children under 16 through an age-verification mechanism.

They are additionally seeking directions for Pemra to strictly enforce content regulations during child-viewing hours.

Furthermore, the lawyers want the administration to coordinate with social media businesses on parental control measures and take steps to address the number of out-of-school children and school dropout rates.

Notably, the petitioners describe the case as the first petition of its kind filed in Pakistan on the matter.

Notably, the respondents named in the petition include the federal administration through the Ministry of Law and Justice, Ministry of Information Technology, National Cyber Crime Investigation Agency, Pemra and Pakistan Telecommunication Authority. Petition Seeks Age Verification.

Meanwhile, the lawyers claim that Pakistani law at present does not require age verification before allowing access to social media platforms.

They specifically point to the Prevention of Electronic Crimes Act (Peca), 2016, saying it contains no provision restricting social media employ by children under 16. Pemra Accused of Failing to Enforce Content Rules.

In practice, the petition additionally alleges that the Pakistan Electronic Media Regulatory Authority (Pemra) has failed to properly enforce its own code of conduct.

According to the petitioners, television dramas and containing intimate scenes and depictions of alcohol are being aired during hours when children are probable to be watching.

They want Pemra to strictly enforce content standards during periods when children are projected to be part of the television audience. Petition Additionally Highlights Education Crisis.

Notably, the lawyers additionally referred to Pakistan's wider education challenges, citing figures suggesting that around 25 million children are out of school.

They remarked this is reportedly the highest number of out-of-school children in any country.

Meanwhile, the petitioners argue that the government's failure to address these problems violates Articles 9, 14, 25, 25-A and 35 of the Constitution. It cover the rights to life, dignity, equality, education and protection of the family.

They additionally cited the Convention on the Rights of the Child and a previous Lahore High Court judgment, PLD 2020 Lahore 137. It directed the state to legislate on human rights and social matters.

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Taken together, the developments around pakistan's Social Media Ban Petition Reaches Federal Constitutional Court point to a situation that is still moving, and the coming days should bring more clarity.