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Freedom of Expression
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Universal Declaration of Human Rights Adopted by the United Nations General Assembly on 10 December 1948 at Paris. The Declaration arose directly from the experience of the Second World War and represents the first global expression of rights to which all human beings are inherently entitled
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Universal Declaration of Human Rights Everyone has the right to freedom of opinion and expression; this right includes the freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers
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Article 19 of Pakistan's Constitution 1973 Freedom of speech: Every citizen shall have the right to freedom of speech and expression, and there shall be freedom of the press, subject to any reasonable restrictions imposed by law
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19A.Right to information Every citizen shall have the right to have access to information in all matters of public importance subject to regulation and reasonable restrictions imposed by law.
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Restrictions on Article 19 Article 19 contains the grounds on which restrictions on the freedom of speech and expression can be imposed :- 1) Glory of Islam: The first exception is stating, doing or acting in a way that opposes the glory of Islam.
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Restrictions on Article 19 Examples are the ban on Facebook for two weeks because it carried a page titled “Everybody draw Mohammad Day-May 20”. The more recent example is of blasphemous film Innocence of Muslims.
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Restrictions on Article 19 2) Security of State: Under Article 19 reasonable restrictions can be imposed on freedom of speech and expression in the interest of security of State. The term "security of state" refers to serious and aggravated forms of public order e.g. rebellion, waging war against the State, insurrection e.g. unlawful assembly, riot
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Restrictions on Article 19 Molvi Fazalullah tried to develop a state with in state therefore he was encountered with strict action. NATO forces attack on Saalala, drone attacks, Mehran base attack and the coverage of this attack by journalist Saleem Shahzad In the same all films which are against the integrity of Pakistan they are banned like Ek tha Tiger.
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Restrictions on Article 19 3) Friendly relations with foreign states: The object behind the provision is to prohibit unrestrained malicious propaganda against a foreign friendly state, which may jeopardize the maintenance of good relations between Pakistan, and that state.
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Restrictions on Article 19 Attack on Srilankan team, kidnapping and murder of Chinese engineers in Pakistan, Murder of tourist in Fairy Meadows murder of Daniel Pearl these kind of events can harm the relation of Pakistan with other countries.
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Restrictions on Article 19 4) Public Order: 'Public order' is an expression of wide connotation and signifies "that state of tranquility which prevails among the members of political society as a result of internal regulations enforced by the Government which they have established."
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Restrictions on Article 19 Public order is something more than ordinary maintenance of law and order. 'Public order' is synonymous with public peace, safety and tranquility. The test for determining whether an act affects law and order or public order is to see whether the act leads to the disturbances of the current of life of the community or whether it affects merely an individual being
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Restrictions on Article 19 Thus creating internal disorder or rebellion would affect public order and public safety. But mere criticism of government does not necessarily disturb public order. In its external aspect 'public safety' means protection of the country from foreign aggression.
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Restrictions on Article 19 5) Decency or morality: The words 'morality or decency' are words of wide meaning. It prohibit the sale or distribution or exhibition of obscene words, etc. in public places. No fix standard is laid down till now as to what is moral and indecent. The standard of morality varies from time to time and from place to place.
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Restrictions on Article 19 6) Contempt of Court: Restriction on the freedom of speech and expression can be imposed if it exceeds the reasonable and fair limit and amounts to contempt of court.
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Restrictions on Article 19 7) Defamation: A statement, which injures a man's reputation, amounts to defamation. Defamation consists in exposing a man to hatred, ridicule, or contempt.
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Restrictions on Article 19 8) Incitement to an offence: Obviously, freedom of speech and expression cannot confer a right to incite people to commit offence. The word 'offence' is defined as any act or omission made punishable by law for the time being in force.
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Restrictions on Article 19 8) Incitement to an offence: Obviously, freedom of speech and expression cannot confer a right to incite people to commit offence. The word 'offence' is defined as any act or omission made punishable by law for the time being in force.
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