At the outset, it should be established that the freedom of expression has been enshrined in the Constitution of Pakistan.[1] The Constitution also states that every citizen has the right to access information from public bodies.[2] Both these rights, however, have been made subject to certain restrictions related to the security of the nation.

The Pakistani nation has been experiencing varying degrees of internet outage, ranging from partial disruptions to complete shutdowns. Coincidentally, on the days when the internet had been made unavailable, a political party might have scheduled to host virtual campaign events as the general election (GE) in the country had been approaching in February.

This article will delve into two crucial aspects that arise as a consequence of such shutdowns:

• The right to conduct a fair campaign; and
• The impact on a civilian’s right of expression and the ability to access information from public bodies and the internet.

Before the Election

On 3 distinct days—17th December 2023,[3] 07th January 2024[4] and 20th January 2024—[5] Pakistan experienced internet disruptions concurrent with a virtual political rally hosted by a specific party. Article 17 of the Constitution of the Islamic Republic of Pakistan explicitly safeguards the right to vote and contest elections.[6] Notably, this fundamental right aligns with international commitments and has been enshrined in the International Covenant on Civil and Political Rights (ICCPR)[7] to which Pakistan acceded and ratified in 2010.[8] This underscores Pakistan’s adherence to international standards regarding the protection and promotion of civil and political rights, particularly in the context of democratic processes and electoral participation.

Consequently, it can be argued that the interruption of internet services during opponents’ campaign impedes their ability to connect with voters, thereby undermining their prospects of participating in a fair electoral process and potentially infringing upon constitutional rights.

Debates on various forums have posited that such occurrences have not been mere coincidences but deliberate tactics employed by the incumbent government to impede the campaign of the aforementioned party.

It is also worth noting at this juncture that X (previously known as Twitter) has also been blocked since February 2024. The Ministry of Interior cited 2 reasons for this ban:

• national security concerns; and
• X‘s refusal to comply with government requests to remove content it considered harmful and unlawful.[9]

The Prevention of Electronic Crimes Act (PECA), 2016 states that the Pakistan Telecommunication Authority (PTA) has the power to remove or block access to any information online if it believes this is necessary for various reasons. These include:

• protecting the glory of Islam;
• maintaining the integrity, security or defence of Pakistan; and
• preserving public order, decency or morality.
• Moreover, the Authority can act to prevent contempt of court or stop the commission of, or incitement to, any crime under this law.

In essence, this means that the Authority can censor or restrict online content to uphold these standards and protections.

The Human Rights Watch characterizes the present political landscape in Pakistan as one where the incumbent government has continued the trend of stifling opposing viewpoints in the media, non-governmental organizations and the political opposition, mirroring the tactics of its predecessor. This involves the recurrent use of severe counterterrorism and sedition laws by the authorities to intimidate individuals expressing peaceful criticism.[10]

Moreover, the Human Rights Council of Pakistan, in an online post, stated the following:

“Suspension of Internet and other source of communication is a violation of international law. Suspension of internet services is also a violation of fundamental rights. Slowing down of internet service and blocking of social media websites to prevent political activities in Pakistan is unfortunate. HRC Pakistan believes that all political parties have the right to carry out their activities. In the context of elections, all political parties should get the basic right of freedom of expression. It is the responsibility of the government of Pakistan to uphold the fundamental rights.”[11]

It is imperative to note that a petition had been filed in the honourable High Court of Sindh by an independent candidate affiliated with the political party directly or indirectly affected by the outage. The honourable court issued a stay order on 29th January 2024, stating the following:

“[The] respondents are directed to ensure that unless the provision of Section 8 and Section 54 of the Pakistan Telecommunication (Re-Organisation) Act, 1996, read with Rule 5 of Removal and Blocking of........

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