IHC restrains IMCEW from blocking access to any website

ISLAMABAD ( MEDIA )

The Islamabad High Court (IHC) on Monday restrained Inter-Ministerial Committee for Evaluation of Websites (IMCEW) not to block access to any website without its permission. A single-member bench headed by Justice Athar Minallah resumed hearing of a writ petition filed by a local NGO, Bolo Bhi, through its counsel Advocate Babar Sattar, challenging the legality of the IMCEW and pleading the court to declare it unconstitutional.

During the course of proceeding, the court while issuing stay order on the petition restrained the IMCEW from issuing any order regarding blocking access to websites without the court’s permission. The court also issued notices to Secretary Ministry of Information Technology and Chairman Pakistan Telecommunication Authority and sought reply from them on the matter.

Besides, the court directed the Ministry of IT and PTA to submit details of all websites access to which have been blocked in the country. The court also sought minutes of IMCEW meetings in which these decisions were taken, within 15 days. The petitioner prayed before the court to declare the impugned notification and the constitution of IMCEW ultra vires to the Constitution, the Telecom Act, the General Clauses Act, the Rules of Business, 1973.

The petitioner urged the court to declare all orders, directives and notifications issued by IMCEW, and directions issued by IT ministry and PTA in pursuance of such orders, directives and notifications are illegal, unconstitutional. The petitioner further asked the court to order PTA to recall all orders issued to ISPs to block or ban websites and URLs that have been issued in excess of authority vested in it under the Telecom Act, dismantle any filtering devices installed by ISPs or telecom service providers to obstruct access to Internet content without the permission and consent of consumers.

Source   BBC.com