Law: Constitution of Pakistan, 1973

Section: 18,19

Law: Pakistan Electronic Media Regulatory Authority Ordinance, 2002

Section: XIII,5,19,22,25,33A

Law: Pakistan Electronic Media Regulatory Authority Rules, 2009

Section: 9(5)

(a) Constitution of Pakistan-------Art. 19---Freedom of speech---Right to dissent---Criticism of State and its policies---National security predicament---Rationale for free speech is at least threefold---One, human beings have agency and can distinguish between truth and falsehood---Two, in a marketplace of ideas where all sorts of desirable and undesirable ideas are available, truth eventually drives out falsity---Three, the standards for enforcing fundamental rights to equality, dignity and liberty evolve over time---As dissenters challenge existing ideas, social consciousness grows, the condition of human existence and rights improve and society progresses---It is in society's collective interest that right to dissent be upheld, even though critical ideas might seem unpalatable---It is in the State's own interest to tolerate ideas critical of it---Criticism of the State and its policies is a natural outcome of democratic system of governance and does not produce a national security predicament---National security is a meaningful concept and must not be bandied about in a trivial manner or used as a prop to defeat fundamental rights of citizens, including the right to free speech and information---Security of the State must not be projected by the State itself to be so fragile that critical speech or a level-playing field for the media would shake its foundation---Disagreeable or critical speech does not fall within the category of speech that is unprotected under Art. 19 of the Constitution---Right to freedom of speech as guaranteed by Art. 19 of the Constitution is not unconditional--Constitution itself carves out categories of speech that are illegal and unprotected.Abrams v. US (250 U.S. 616 (1919)); East and West Steamship Company v. Federation of Pakistan PLD 1958 SC 41; Pakistan Muslim League v. Federation of Pakistan PLD 2007 SC 642 and All Pakistan Muslim League through Chief Organizer Sindh v. Government of Sindh through Home Secretary and 3 others 2012 CLC 714 rel.(b) Pakistan Electronic Media Regulatory Authority Ordinance (XIII of 2002)------Ss. 19, 22 & 25---License, issuance of---Eligibility criteria---Determination--Role of intelligence…