PTA tells SHC it followed interior ministry orders to shutdown X for 'security reasons'

• PTA says it shutdown X for "security reasons".
• Site blocked after "reports" by intelligence agencies.
• Petitioners had no locus standi in matter, PTA says.

KARACHI: The Pakistan Telecommunication Authority (PTA) told the Sindh High Court that it blocked social media platform X, formerly Twitter, across the country after receiving directions from the federal interior ministry, a The News report stated on Thursday.

According to the PTA, the ministry ordered the shutdown on the basis of reports it had received from intelligence agencies.

Submitting its statement in the court on Wednesday, in response to the petitions filed against the shutdown of internet cellular phone service on the day of the February 8 general elections as well as the blockage of X, the telecommunication authority stated that the its action was not in contravention of the Article 19-A of the Constitution; it was, in fact, in accordance with relevant laws.

The PTA also stated that the suspension of mobile cellular services for public safety reasons or in public emergency or for security reasons was a policy matter — something the court should not interfere with.

The authority maintained that the suspension of cellular phone service was carried out only in extreme cases upon well considered recommendations of the law enforcement agencies, provincial governments and intelligence agencies that were received and scrutinised by the interior ministry.

The PTA said that the directions for temporary suspension of mobile internet data service, social media websites and applications are only issued by the ministry of interior after careful consideration of all the relevant report and circumstances. 

The authority maintained it was bound to adhere to the directives issued by the ministry of information technology and accordingly telecommunication services were suspended due to security reasons.

Regarding the petitions against the ban on X, the PTA said the petitioners had no locus standi in the matter.

It said that reliance solely placed by the petitioners on news or information disseminated through social media platforms was unfounded adding that these platforms being international providers of social content gave no access or control to the PTA over the news or information circulated through them thus creating more probability of the circulation of fake news that could be against the national interest and may harm the image of the country.

The authority said the legislature mandated the federal government to issue policy directives on national security, internal aggression, defence or security in accordance with exigency and need of time.

The interior ministry stated that it had received reports from intelligence agencies and therefore on February 17, the PTA was asked to block social media platform X till further orders under the Section 5 (7) (ii) of the Removal and Blocking of Unlawful Online Content (Procedure, Oversight and Safeguards) Rules 2021.

The interior ministry said that all action on part of the respondents were taken within the applicable legal framework.

A division bench of the SHC headed by Chief Justice Aqeel Ahmed Abbsai after taking the comments on record directed the counsel to supply the copies to the petitioners’ counsel to file rejoinder, if any, on the comments. 

The high court also directed the interior secretary to file comments on the petition and adjourned the hearing till April 17.

It is pertinent to mention that the SHC had directed the PTA to ensure that there shall be no further shutting down, disruption or slowing down of internet service unless there were valid or cogent reasons which shall be intimated to the court on the next date of hearing.

The high court had made it clear that if no valid reasons were provided for continued suspension, disruption or slowing down of the internet service, adverse inference may be drawn against the authorities concerned. 

The SHC had also directed the PTA to restore social media site X "if there was no lawful justification or reasonable grounds to deny the internet access to X".