IHC seeks govt, regulatory bodies’ replies on children’s social media use

IHC seeks govt, regulatory bodies’ replies on children’s social media use

The petition, filed earlier this month by Waqas Nasir through advocates Muhammad Jalal Haider and Yahya Farid Khawaja, seeks legislation regulating children’s use of social media and the introduction of an effective age-verification mechanism for social media accounts.

The case was heard by Islamabad High Court (IHC) Chief Justice Sardar Muhammad Sarfaraz Dogar, who issued notices to the Ministry of Information Technology and Telecommunication, Ministry of Information and Broadcasting, Ministry of Interior, Ministry of Law and Justice, Pakistan Telecommunication Authority (PTA) and Pakistan Electronic Media Regulatory Authority (Pemra).

The court directed the ministries and regulatory bodies to submit their responses within 15 days.

Advocates Haider and Khawaja appeared before the court on behalf of the petitioner.

Advocate Haider told the court that an effective age-verification system should be introduced for social media accounts operated by children. He said legislation was needed to protect minors from cyberbullying, online harassment, harmful or inappropriate content and other risks associated with social media use.

He argued that protecting the best interests of children was a constitutional and legal responsibility of the state and called for legislation consistent with international practices.

When Chief Justice Dogar asked whether Pemra had any specific law addressing the issue, Advocate Haider said the authority had powers to take action against individuals on the basis of complaints, but there was currently no specific legislation governing children’s access to social media.

The chief justice also asked whether any law had been enacted specifically to regulate children’s social media use. The lawyer replied that no such legislation had been introduced so far.

The court subsequently issued notices to the relevant ministries and regulatory authorities and directed them to submit their responses within 15 days.

Justice Dogar also instructed the law officer to ensure that the notices were served and implemented.

In his petition, Nasir asked the court to direct the federal government to establish a comprehensive legal and regulatory framework for protecting children online, including specific safeguards for their access to social media platforms.

The petition stated that children were increasingly exposed to risks associated with social media, including cyberbullying, online harassment and harmful or inappropriate content.

It called for a government policy covering children’s digital rights, privacy, and mental and physical safety, while also seeking clear responsibilities for social media platforms to protect minors.

The petitioner argued that several countries had introduced age restrictions and other safety measures governing children’s access to social media. Such legislation, the petition said, would bring Pakistan in line with an emerging international approach to protecting children in the digital environment.

The petition also referred to the United Nations Convention on the Rights of the Child and General Comment No. 25, arguing that safeguarding the best interests of children constituted a legal obligation of the state rather than merely a policy objective.

The issue was also raised in the Punjab Assembly last month, where a resolution was submitted seeking a nationwide ban on social media accounts for children under 16 without parental consent.

The resolution, moved by MPA Sarah Ahmad, called on the provincial government to recommend that the federal government introduce comprehensive legislation regulating children’s access to social media platforms and strengthen measures for their online safety.

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