Freedom of Speech vs. Hate Speech: A Legal Perspective in Pakistan

Abstract

Freedom of expression is a prerequisite right incorporated in Article 19 of the Constitution of Pakistan, 1973. Nonetheless, it is governed by legal limitations especially concerning matters of national security, morality of the public, and religious sentiments. This article explains the legal parameters for freedom of speech and hate speech in Pakistan’s context in terms of constitutional provisions, the Pakistan Penal Code (PPC), the PECA 2016, and the ATA 1997. Those legal provisions, intended to prevent violence and maintain order, are sometimes vaguely defined and misapplied, leading to more violence and social discord, and restricting fundamental freedoms and human rights. The heretofore study also analyzes the United States and European legal systems in comparison and points out the necessity of a moderate way of safeguarding free speech and combating hate speech. This paper offers conclusions with policy recommendations that support more precise legal and judicial provisions, greater public education, and digital responsibility in order to avoid the misuse of freedom of expression for incendiary purposes.