August 29, 2021
ISLAMABAD: The Islamabad High Court (IHC) has directed the government to submit a report about its policy on banning the video-sharing app TikTok on September 20, The News reported Sunday.
In the four-page written order, IHC Chief Justice Athar Minallah directed the PTA to get information from the prime minister and the federal cabinet regarding policy to ban TikTok and submit a report on it in the court on the designated date.
The court order stated that PTA could not present any appropriate justification regarding the ban on TikTok. The counsel for PTA told the court that the issue of a ban on TikTok was not placed before the cabinet. He said that access to TikTok is also possible through other means of technology.
The court adjourned the hearing till September 20 after the deputy attorney general pleaded more time to submit a reply in this regard.
Earlier this month, the IHC had asked the PTA to formulate a mechanism regarding the operations of Tiktok in Pakistan and consult the federal government rather than taking a unilateral decision to ban the app.
"The PTA should never have banned Tiktok without consulting the federal government," it observed, also asking the PTA: "What authority do you have to completely ban the app?"
The case, against the suspension of the app, was heard by IHC Chief Justice Athar Minhallah.
Justice Minallah asked the PTA counsel to provide a reason for banning TikTok, adding that "if banning TikTok is the only solution, then Google should be banned too".
The PTA lawyer responded by saying that the Peshawar and Sindh High Courts had issued orders to ban the app and formulate a mechanism to stop inappropriate content from circulating on the app.
At this, the chief justice asked the counsel to read out the orders of the high courts. He then pointed out that neither court had ordered that the app be completely banned in the country.
"Such videos are circulated on YouTube as well. Will you shut down YouTube too?" Justice Minallah asked.
He said PTA should instead "guide people not to watch inappropriate content".
"Apps are a means of livelihood and entertainment for people," the chief justice added.
Justice MinaAllah said that the PTA had "misused the orders" from both courts and demanded to know if the actual orders, which pertained to developing a mechanism, had even be followed. "You were asked to develop a mechanism. Did you make one?"
The chief justice further asked why other social media apps had not then been banned based on the grounds Tiktok was banned.
To this, the PTA lawyer responded by saying that for other apps, content based on what people search for becomes visible, whereas, on Tiktok, the content is displayed without user input.
Originally published in The News