Journal of the Punjab University Historical Society
Volume: 33, No. 02, July – December 2020
Naveed Ahmad *
Muhammad Ejaz Malik**
Freedom Of Speech
... [Show More] And Expression In The Contemporary
World: A Case Study Of Pakistan And Limitations Of Article 19
Of The Constitution Of Pakistan, 1973
Abstract
‘Freedom of Speech and Expression’ is one of the inherited fundamental right
since the birth of mankind and eventually came under the legal umbrella of
various constitutions, conventions, treaties and charters of the world. The world
community, states legislatures and jurists have further glorified it to be respected
and consistently this fundamental right is also enshrined under Article19 of the
Constitution of the Islamic Republic of Pakistan, 1973 with some limitations and
restrictions. It struck a balance between ‘freedom and diversity in society’ in terms
of faith, belief and religion, otherwise, the unbridled freedom may create disorder
and chaos in the society. The globalized world has taken various legislative steps
in furtherance of this Fundamental Right and likewise Pakistan has also
promulgated many statutory laws i.e. Defamation Ordinance, 2002 (LVI2002) to
be adjudicated in civil nature and also the insertion of section 295A & 295C in
Pakistan Penal Code, 1860 (XLV of 1860) and Prevention of Electronic Crime
Ordinance, 2009 (VIII of 2009) etc. The prime object is to adjudicate in criminal
nature to further rationalize the state laws to secure protected interests of people
to restrict the ‘freedom of speech and expression’, not to hurt the feelings of
others, as the society passing through a phase of modern development, invention
and advent of new devices of communication and publication. The basic purpose
of this research article is to explore all those modern tools of freedom of speech
and expression and to rationalize limitations thereof with reference to the Article
19 of the Constitution of Islamic Republic of Pakistan, 1973 as the world is going
to enter into a new era of development.
Key Words: Fundamental Rights, Freedom of Speech and Expression,
Constitution of Pakistan, Press, Media, Social Media.
Introduction
The origin of Fundamental Rights dates back to 17th and 18th Century‟s
philosophies of Rousseau and Locke, the great philosophers of English common
law. These vague and precisely defined notions of ingenuous and natural rights
travelled along with the new settlers to the American continent by embracinga
precise legal form by the constitutionalists and lawyers in US constitution and its
corresponding amendments. The American Judges expounded, explained and
defined them further for almost more than a century. In December 1948, thirty
* Dr. Naveed Ahmed, Postdoctoral Research Fellow at Washington University, USA,
Assistant Professor, University Law College, University of the Punjab, New Campus,
Lahore, Pakistan. Email: [email protected]..
** Muhammad Ejaz Malik, Administrative Officer at CEMB, University of the Punjab, New
Campus, Lahore, Pakistan. Email: [email protected].
JPUHS, Vol. 33, No.2, July - December 2020
92
(30) human rights were approved by the UN General Assembly which bec [Show Less]