• Judge Athar Minallah stated that people’s livelihoods depend on social media applications.
• Develop a mechanism and consult the federal government: Chief Justice to PTA.
• Change your mindset, we live in the digital age: ask PTA for help.

Islamabad: The Islamabad High Court (IHC) on Friday asked the Pakistan Telecommunications Authority (PTA) to formulate a mechanism for the operation of the video-sharing application Tiktok in Pakistan and consult the federal government instead of unilaterally deciding to ban the application.

“PTA should never ban Tiktok without consulting the federal government,” it observed, and asked PTA: “What right do you have to ban this application completely?”

IHC Chief Justice Athar Minhallah heard the case against the suspension of the application.

Judge Minallah asked PTA lawyers to provide reasons for banning TikTok, adding that “if banning TikTok is the only solution, then Google should be banned.”

PTA lawyers responded that the high courts of Peshawar and Sindh have issued orders to ban the application and have established mechanisms to prevent inappropriate content from spreading on the application.

In response, the Chief Justice asked the lawyer to read the order of the High Court. He then pointed out that neither of these two courts ordered the application to be completely banned in the country.

“Such videos are also circulating on YouTube. Will you also close YouTube?” Justice Minara asked.

He said that PTA should “guide people not to watch inappropriate content.”

“Apps are a means for people to earn a living and entertain,” the chief justice added.

Judge MinaAllah stated that the PTA had “misused the order from the two courts” and asked to know whether the actual order related to the establishment of the mechanism was complied with. “You were asked to develop a mechanism. Did you make one?”

read more: TikTok responds to Pakistan’s suspension

The Chief Justice further asked why other social media applications were not banned on the grounds that Tiktok was banned.

In response, PTA lawyers responded that for other applications, content based on people’s search content becomes visible, while on Tiktok, content can be displayed without user input.

“What does the PTA want? Does it want ethical supervision?” the Chief Justice continued to ask.

The court asked PTA lawyers not only to focus on negative things, but also to consider positive aspects, because social media applications have many benefits.

It asks PTA to “satisfy the court” whether it has ever studied the pros and cons of Tiktok.

It further requires the PTA to list which countries/regions the application is prohibited and for what reasons.

The PTA lawyer responded that he did not know the current situation, but knew that the application was banned at some point in India and Indonesia.

“For security reasons, the app is banned in India,” the lawyer said.

Judge Minallah corrected him by saying that the app was banned in India because it was a Chinese app and not for security reasons.

“Is the PTA on India’s side now?” he asked the PTA’s lawyer.

The Chief Justice also asked PTA’s lawyers to inform the court authorities under which bill Tiktok was banned.

PTA lawyers stated that they have invoked the Prevention of Electronic Crimes Act (PECA) for this purpose.

“If so, then PECA applies to all applications. Which application does not have some objectionable content?”

Judge Minallah then asked whether the PTA really banned Tiktok, “Can it cut Pakistan from the rest of the world?”

The PTA lawyer stated that this was impossible, adding that the application was prohibited from operating because the company was “not cooperating.”

“You must change your mindset and prepare for the future. You cannot go backwards. You live in a digital world,” the court commented.

PTA lawyers stated that the authorities “have not permanently banned Tiktok”.

“We are just asking the company to work with us to develop a mechanism,” he said, adding that PTA will develop a mechanism for all applications in a timely manner.

In response, the court asked: “Will you also close other applications?”

‘The ban must be lifted’

At the same time, the complainant’s lawyer requested the court to withdraw the PTA’s press release announcing the suspension of the application.

“The court must ask the PTA to lift this ban,” the lawyer added.

The hearing was postponed to August 23.