Freedom of Expression in Pakistan: Constitutional Guarantees, Legal Restrictions, and International Standards

Abstract

The freedom of expression is a principle right that has been acknowledged in the Constitution of Pakistan and in the international law of human rights. This paper analyzes the extent of freedom of expression in Pakistan, the constitutional provisions of the 1973 Constitution as per articles 19 and 19A of the 1973 Constitution, the local limitations on these freedoms as prescribed by the law and how the Pakistan structure interprets the provisions of freedom of expression as per the international requirements, especially the International Covenant on Civil and Political Rights (ICCPR). The doctrinal analysis of the stipulations of the constitution, statutory laws and highly significant judicial decisions, along with the analysis of the pieces of scholarly and human rights literature is conducted. The results indicate, although the Constitution ensures the freedom of speech, expression and information, these freedoms are subject to extensive restrictions, which are not limited to the interests of religion, national security, public order and morality but surpass the limited restrictions that are allowed under the international law. The laws of defamation, blasphemy, sedition and cybercrimes have proved to be a major weapon in curbing dissent and critical voices. The international norms insist that curtailment of any expression must be necessary and proportionate nevertheless, the legislation and application of the same has been revisited many times and has been found wanting in this regard in Pakistan. This study highlights how the constitutional assurances in Pakistan occupy a clash with the legal act and gives suggestions on address of reforms to enhance the protection of freedom of expression to meet the international standards of human rights.