2024 M L D 243
Prevention of Electronic Crimes Act --S .19 --- Phrase " with dishonest intention " --- Scope --- Unauthorized interruption --- Breach of privacy --- Uploading audio and video on social media --- Original source , identification of --- Petitioner was aggrieved of uploading of material on social media --- Validity --- Breach of privacy must be a felony and making such material public should be intolerable by the state by invoking criminal laws as well as by society by resorting to civil laws for damages --- Laws dealing with electronic and print media were required to be reconciled and improved --- Phrase " with dishonest intention should not stop the regulator from taking action --- In absence of source and legal purpose of using such material , dishonest intention was to be presumed and burden to proof otherwise would be on person committing such act --- Regulator had to take prompt action under such provisions and then to ask for discharge of the burden of proof --- Though . electronic material was admissible as evidence but its standards were higher than the ordinary documentary and oral evidence --- For ordinary documentary evidence , Court was to satisfy itself by examining the scribe and the person in possession of the document , otherwise such documentary evidence was not admissible --- Any audio or video in absence of its source or ownership could not be taken as piece of evidence for proceedings against an accused --- Person against whom such audio and video was leaked was a victim and not accused --- High Court directed PTA to ensure criminal action , if such material was uploaded on social media from the territory of Pakistan --- For any material uploaded from abroad , appropriate measures for getting such material removed must be intimated by reporting it to the handlers and regulators of respective websites or forums like Youtube , Twitter , Facebook etc .--- High Court directed the authorities to make public the measures so taken besides making it an official record --- Constitutional petition was adjourned accordingly .
0 Comments