Social Media Regulation in Pakistan: Balancing Digital Governance and Freedom of Expression

Abstract

This article explores the conflict between digital governance and free speech in Pakistan, where constitutional rights to free speech coexist with cybercrime laws, blocking policies, platform directives and new administrative bodies established to regulate online activities. It questions the ability of the Prevention of Electronic Crimes Act 2016, the Removal and Blocking of Unlawful Online Content Rules 2021, the Prevention of Electronic Crimes Amendment Act 2025 and the blocking practices of the Pakistan Telecommunication Authority (PTA) to meet the test of legality, necessity, and proportionality outlined in Article 19 of the Constitution and Article 19 of the International Covenant on Civil and Political Rights (ICCPR to which Pakistan is signatory. The judgments of Pakistani courts on broadcasting, press freedom and information, along with similar comparative authorities from India, the United States and Europe, clearly demonstrate that Pakistani governance is strong in the language of order and may not be so assertive in enforceability. Digital governance is only legal if it is accurate, subject to independent review, minimally intrusive to avoid overreaching to actual harms, and sufficiently modest to avoid impinging on the contested “middle” of political speech.

Keywords: Social Media Regulation, Pakistan, PECA, Freedom of Expression, Article 19, PTA, Digital Governance, Judicial Review.