An Analysis of the Impact of State Practice Limiting Freedom of Speech in Pakistan: A Study in the Light of United Nations Human Rights Committee`s Finding

Abstract

The paper in hand will explore the rights to freedom of speech and expression which is the lifeblood of democracy, which is guaranteed by many international treaties and constitutions, as well as international conventions and treaties enshrine freedom of speech and expression as one of the fundamental human rights, before being guaranteed and codified into the constitution of Islamic Republic of Pakistan. However, despite being protected by the constitution this freedom is not absolute and needs to be limited in certain cases to maintain public order, national security and the glory of Islam. The lack of clarity in restrictions facilitates arbitrary censorship and often results in excessive restrictions, and the excess in use of executive authority and the absence of judicial independence compromising the principle of proportionality and undermining the protection of fundamental rights, along with the best recommendations of UN Human Rights Findings in the shape of general comments. 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.