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"X" ( Twitter ) ki Bandish,Asal Kahani Kiya?? Abdul Moiz Jaferii Analysis
"X" ( Twitter ) ki Bandish,Asal Kahani Kiya?? Abdul Moiz Jaferii Analysis
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00:00 We will talk about the last part of the program, the curious case of Twitter in Pakistan,
00:05 that is, the ban of X.
00:06 It's been almost 34 days,
00:08 all the government authorities like Saleemullah and Kaleemullah were throwing this ball at each other.
00:15 But finally, now it has been found out why Twitter has been banned,
00:22 who has ordered it and who has ordered it.
00:25 But this started when we kept asking Mr. Murtaza Solangi,
00:30 what is the government's point of view on Twitter?
00:33 So, Mr. Information Minister, who was the caretaker of the case,
00:37 what did he say?
00:39 Who has banned X?
00:42 It would be better if you talk to the Minister of Information Technology and the Chairman of the BDS.
00:51 The job of the Information Minister is to ask the authorities and tell them who has banned it.
00:58 Anyway, he threw this ball in their court.
01:01 After that, I elected government.
01:03 When Mr. Atatarir was asked at the first press conference, he first refused.
01:07 He said that Twitter is not banned.
01:09 After that, he admitted in some interviews that it is a ban,
01:13 it has to be run by VPN.
01:15 According to the knowledge of that time, there was no official notification of Mr. Atatarir.
01:21 Twitter is running, tweets are also running on Twitter.
01:24 If there is any notification of any ban, then you bring it to my knowledge, then we will talk about it.
01:28 When we came to power, Twitter was already banned.
01:30 There is no official notification of it, but obviously everyone can see that its signal,
01:34 its frequency is not running that way and it is being used by VPN.
01:38 This is absolutely correct.
01:41 Then the matter came to the Interior Ministry.
01:43 Someone asked him, why is Twitter banned?
01:46 He said that if it can be banned in America, then there is a need for consideration in the laws of Pakistan.
01:55 TikTok has been banned in America.
01:57 After so many things, they have put a charge sheet and closed it.
02:00 If this is happening there, then we will also have to review our laws and we will have to see.
02:05 Anyway, then Mr. Omar Saif, who was in charge of the IT Ministry at that time,
02:10 about which Mr. Murtaza Sulangi was saying, ask him why Twitter is banned.
02:14 Today he tweeted, he could never handle tweets in his tenure, but today he tweeted.
02:19 He said that if any website is closed, if anything is banned, then the job of the Interior Ministry is done and it implements PTA.
02:29 And no one even asks the Ministry of IT and Telecom.
02:32 So he also removed this allegation from his ministry that this happened on his saying.
02:37 Anyway, if we say that there are some persistent people in Pakistan, or if we use the word of stubbornness,
02:44 they kept going to the courts again and again, kept asking the government, who is banning X.
02:49 So finally, after their effort and hard work, on 20th March, there is an answer in Sindh High Court.
02:55 And in that, this misunderstanding is removed that why this Twitter has been banned.
03:00 The Ministry of Interior presents a notification, in which it is said that this notification of Twitter ban came on 17th February.
03:07 Remember, there is a decision of Sindh High Court, in which the order to end this ban has been given, but it has been made unheard of.
03:15 Moiz Jafri is present with us, he is also following this case, he is a very important representative in this case.
03:21 He also keeps us informed about that.
03:23 Thank you very much, Moiz.
03:25 At least we got to know, who banned Twitter.
03:28 Tell us, the way the case is going on, has Sindh High Court not given a decision to end this ban?
03:35 After that, the legal proceedings that are taking place, the legal technicalities that are not understood by the simple people,
03:41 how far has the case reached, and how long is there a possibility of a decision being made on this?
03:47 Thank you Maria, for giving me the opportunity.
03:50 I am a lawyer of a few journalists and academics, who have jointly filed this petition, in reference to Twitter.
03:56 This petition was filed on 22nd February, the day the decision was given, which made it clear that if Twitter is banned,
04:03 and there is no legal basis for it, then it should be opened.
04:06 After that, this case was filed with a running petition of Jibran Nasir, which on 8th February,
04:13 this same court had ordered once before, that you will not ban the internet, but still, because they had banned the internet,
04:19 the process of contempt was going on.
04:22 When the next date came, they gave an answer in the process of contempt,
04:27 that the ban of the internet was due to the threat of terrorism, but they did not give an answer to our case.
04:34 And they tried to give an answer to our case, that we are all making a wrong statement,
04:40 and there is no issue of banning Twitter, and Twitter is still going on.
04:43 Anyway, our petition was extended again, and in our case, it was also said that if this is not the case,
04:50 then you will also book the proceedings of contempt.
04:53 After that, when the next date came, I will clarify this,
04:56 there has been no answer from the Ministry of Interior yet.
04:59 The lawyer who represents the Ministry of Interior, was still adamant that we do not know anything about this.
05:07 The position of the PTA, which they were saying, while presenting their legal advisor in the case,
05:13 that we do not know anything, we did not do anything, we do not know how to do anything, they were saying this.
05:17 The new lawyer who was hired by them, filed his reply without saying anything.
05:22 In the reply, there is a letter of 17th February, which the FIA writes to the PTA,
05:29 that you know, based on the reasons we have told you, you should ban Twitter.
05:33 That is it, it is a one line letter, and in it, they say that we have banned Twitter based on these instructions.
05:41 Now, first, it was admitted that the PTA has banned it, which was the complete opposite of what the PTA was saying.
05:48 Secondly, it was admitted that the letter has come from the Ministry of Interior,
05:51 which the Ministry of Interior was still expressing ignorance.
05:55 And, two or three things are very important to be clarified here,
05:59 that the law of Section 37 of PICA is very clear,
06:03 that before the PICA's Pakistan Electronic Crimes Act, there was no legal basis for banning the internet.
06:10 So, if it was banned, it was under the rules of a blanket banned PTA,
06:16 but the access to website restriction was illegal.
06:19 After which, when PICA came, under Section 37, there were regulations to restrict online content.
06:25 So, when they started doing it, the PWA and other people challenged the ban,
06:31 that it is a blanket, it is an overreach of the regulator.
06:37 So, the court of Islamabad of Mr. Athar Minilla issued a very clear order,
06:42 which first clarified that the Article 19, which is your and my freedom of expression,
06:47 cannot be imposed by a blanket law.
06:51 So, all the ways to restrict online content will obviously be in accordance with Article 19.
06:57 And, they will have to reason that the permission for reasonable restriction,
07:02 that is, if something is damaging the honour of Islam,
07:06 or the integrity of the state is in trouble, or there are concerns about safety and security,
07:12 then it is obligatory to issue a reasoned order.
07:15 And, you can do it to the extent of the need for reparation or restriction.
07:22 And third, it is necessary to come across all these reasoned notifications.
07:28 Now, see, a letter is sent to the PTA from the FIA, this is not a notification, this is not a permit.
07:34 And, if in this notification also, the PTA without giving a permit,
07:38 says that we are closing for this or that reason,
07:42 then there is no justification for an open-ended shutdown in the law.
07:45 So, this is a completely illegal position.
07:48 But, we are thankful that finally, someone has taken a position.
07:51 Because, till now, they were saying that, I don't know what you all are talking about,
07:54 on one date, the PTA advisor stood up and showed his phone to the court,
07:58 that see, I have it.
08:00 So, first, they were trying to show us all a collective fool.
08:04 Gaslighting. The word gaslighting is used, where you are told that you are crazy.
08:08 There is nothing like that. You are crazy.
08:10 So, now we are convinced that we are not crazy.