A CRITICAL EVALUATION OF HATE SPEECH REGULATION UNDER PAKISTAN’S CYBER LAW

Abstract

This paper examines Pakistan’s legal framework governing cyber law within the context of both the Constitution and ordinary legislation. It explores the scope and applicability of various laws pertaining to cyber regulation and considers Pakistan’s obligations to prevent hate speech under its international legal commitments. The study provides a detailed analysis of the concept of hate speech and critically evaluates the relevant legal provisions, assessing their alignment with constitutional guarantees of freedom of speech. Landmark judicial decisions addressing hate speech are also scrutinized to highlight legal interpretations and enforcement practices.

Key findings indicate that Pakistan’s cyber law is integrated within both constitutional and ordinary legal frameworks, with each set of laws possessing distinct scope and applicability. Hate speech is identified as expressions of animosity directed at specific groups for particular reasons, including interfaith, sectarian, racial, anti-Islamic, or anti-state sentiments. The laws addressing hate speech are generally consistent with constitutional protections of free speech. Notably, even prior to the enactment of specific hate speech legislation, the Supreme Court of Pakistan established guidelines for its prevention in landmark rulings. The study adopts a doctrinal methodology to analyze and interpret these legal instruments.