HATE SPEECH UNDER THE CYBER LAW OF PAKISTAN: A CRITICAL EVALUATION

Abstract

This paper probes into the legal framework of cyber law in Pakistan under the Constitution and ordinary law. It deliberates on the scope and ambit of the different laws involving cyber law. It contemplates Pakistan’s obligation to prevent hate speech under its international legal commitments. It contemplates what is meant by hate speech and engages in a detailed deliberation on the law involving hate speech and whether it is in line with the prerequisites of freedom of speech under the Constitution. It also critically evaluates some landmark cases involving hate speech. The main findings of this paper are that Pakistan’s cyber law is incorporated within the Constitution and ordinary law as well. That these ordinary laws have their own particular scope and ambit. Hate speech refers to the expression of hatred towards a particular group for a particular reason. The law involving hate speech discusses it in different parameters, either in terms of interfaith, sectarian or racial hatred or anti-Islam, or against any other religion, anti-Pakistan or a traitor. That the law involving hate speech provides similar prerequisites in accordance with the freedom of speech in the Constitution. Also, even before there was any law that dealt with hate speech, the Supreme Court of Pakistan had laid down some guidelines for its prevention in a landmark case. The methodology used in this paper is doctrinal.