Therefore freedom of speech and expression and the freedom of press are guaranteed as fundamental rights subject to certain claw-backs. The important thing to note here is that these claw-backs are subject to “any reasonable restrictions imposed by law”. Similarly the right to access of information is subject to “regulation and reasonable restrictions imposed by law”. Hence the essential ingredients of any curtailment of freedom of speech or expression or any right to information are:
1. Reasonable restrictions
2. Imposed by Law.
3. Regulation in the case of the right to information but not without reasonable restrictions.
In so far as freedom of speech and expression are concerned the reasonable restrictions have to correspond to precise issues of:
1. Glory of Islam
2. Integrity of Pakistan
3. Security of Pakistan
4. Defence of Pakistan
5. Friendly relations with foreign states
6. Public order
7. Decency
8. Morality
9. Commission of or incitement of – in relation to Contempt of Court.
The prima facie claim by the PTA – especially in the case of YouTube Ban with its “Innocence of Muslims” saga – has been that this corresponds to Section 295 C of the Pakistan Penal Code which is more commonly referred to as the Blasphemy Law. Section 295 C of the Pakistan Penal Code states:
“Use of derogatory remarks, etc; in respect of the Holy Prophet. Whoever by words, either spoken or written or by visible representation, or by any imputation, innuendo, or insinuation, directly or indirectly, defiles the sacred name of the Holy Prophet Mohammed (PBUH) shall be punished with death, or imprisonment for life, and shall also be liable to fine.”[4]
Update
Illustration Faraz Aamer