FREEDOM OF EXPRESSION VS. NATIONAL SECURITY IN THE LIGHT OF CONSTITUTION 1973

Abstract

This study dwells on the clash between the freedom of speech and national security as applied in the Pakistani constitutional system. Though Article 19 provides the right to the freedom of speech, it includes the possibility of restrictions in the name of national security, public order, and morality. The paper emphasizes the issue of striking a balance between the two interests, as the meaning of national security in Pakistan is wide and tends to be hard to nail down. The Prevention of Electronic Crime Act (PECA), other laws such as the Official Secrets Act (1923) give excessive powers in reigning speech, but their extended usage has led to the fear of misuse in stamping out the opposition, quelling dissent, and chilling freedom of the press. The emergence of the digital space adds more complexity to the situation, as social media is already used as the activist space, but it also serves as the means of anti-state rhetoric. To this end, some of the important research gaps that can be identified in the study are the absence of a legal definition of national security, the lack of judicial control over national security, as well as the influence of national security acts on political liberties. The research aims to describe the application of laws of national security and their impact on free speech through analysis of cases, interviews with experts, comparison, and review of documents. According to the study, there should be legal reforms that entail better definitions of national security, greater judicial control, and safeguarding media freedom and political dissent. Finally, it says that what is needed is a more transparent and proportionate approach to limiting speech so that national security concerns should not overly interfere with the basic freedoms in Pakistan.

Keywords:    Freedom of Expression, National Security, Pakistan, Constitutional Law, PECA 2016, Official Secrets Act, Media Freedom, Political Dissent, Judicial Oversight, Legal Reform, Digital Expression, Human Rights, Censorship, Proportionality, Public Discourse, National Security Laws, Democracy, Civil Liberties, Comparative Analysis