HAMNA QAISER vs CHAIRMAN, PEMRA S — 2024 MLD 243 LAHORE-HIGH-COURT-LAHORE

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HAMNA QAISER VS CHAIRMAN, PEMRA S. 19---Phrase "with dishonest intention"---Scope---Unauthorized interruption---Breach of privacy---Uploading audio and video on social media---Original source, identification of---Petitioner was aggrieved of uploading of material on social media---Validity---Breach of privacy must be a felony and making such material public should be intolerable by the state by invoking criminal laws as well as by society by resorting to civil laws for damages---Laws dealing with electronic and print media were required to be reconciled and improved---Phrase "with dishonest intention" should not stop the regulator from taking action---In absence of source and legal purpose of using such material, dishonest intention was to be presumed and burden to proof otherwise would be on person committing such act---Regulator had to take prompt action under such provisions and then to ask for discharge of the burden of proof---Though electronic material was admissible as evidence but its standards were higher than the ordinary documentary and oral evidence---For ordinary documentary evidence, Court was to satisfy itself by examining the scribe and the person in possession of the document, otherwise such documentary evidence was not admissible---Any audio or video in absence of its source or ownership could not be taken as piece of evidence for proceedings against an accused---Person against whom such audio and video was leaked was a victim and not accused---High Court directed PTA to ensure criminal action, if such material was uploaded on social media from the territory of Pakistan---For any material uploaded from abroad, appropriate measures for getting such material removed must be intimated by reporting it to the handlers and regulators of respective websites or forums like Youtube, Twitter, Facebook etc.---High Court directed the authorities to make public the measures so taken besides making it an official record---Constitutional petition was adjourned accordingly.

HAMNA QAISER vs CHAIRMAN, PEMRA S — 2024 MLD 243 LAHORE-HIGH-COURT-LAHORE

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