PUBG game suspension order of PTA set aside - IHC orders to restore PBG
ISLAMABAD (Dawn 25 July 2020): The Islamabad High Court (IHC) on Friday restored the PlayerUnknown`s Battlegrounds (PUBG) video game and set aside the order of the Pakistan Telecommunication Authority (PTA) for its suspension.
Justice Aamer Farooq of the IHC announced the decision on the peti-tion filed by M/s Proxima Beta Pte, a non-resident private limited company incorporated under the laws ofSingapore and claims to have exclusive rights to operate, offer and control the game in Pakistan.
The counsel for the petitioner contended that no prior intimation was given or hearing was conducted before suspending the online game. It was submitted that under Pakistan Telecommunication (Reorganisation) Act, 1996, the PTA was required to provide an opportunity of hearing to a person against whom any action was proposed tobe taken.
It was contended that the suspension of the game had allegedly been done under Section 37 of Prevention of Electronic Crimes Act (Peca), 2016, however, the parameters prescribed under the said provision are not attracted in the facts and circumstances.
It was further submitted that the PTA under Section 37 could only remove or block or issue directions for removal or block and had no power to temporarily suspend the game.The counsel further pointed out that only a press release had been issued and the impugned order had not been passed.
The court noted that the minutes of the PTA meeting in which the order for suspension PUBG was taken, `clearly show that the same are without reasons and application of mind and fall to fulfil the criteria provided under Section 24-A of General Clauses Act.
It was argued that under the facts and circumstances the action taken by the PTA was without lawful authority.
The counsel for the PTA objected to the maintainability of the petition on the ground that the person signing the petition did not have the authority to do so. In this behalf, it was contended that the power of attorney appended with the petition was not registered and also was not notarised either with the Embassy of Pakistan or the Foreign Office.
It was further submitted that no proper resolution was passed to authorise the direc-tors for execution of the power of attorney.
It was contended that the petitioner had alternative and adequate remedy under Section 37(4) of Peca as review was provided to any person aggrieved of any decision taken by the PTA.
The counsel claimed that no conclusive action had yet been taken to block the game as it had been suspended temporarily. It was also submitted that on July 9 a public hearing was conducted in which the petitioner also participated and the final decision under Section 37(1) shall be taken in due course.
It was submitted that the impugned action was taken on the various complaints received as well as a letter written by Lahore`s capital city police officer (CCPO) and on directions of the division bench of the Lahore High Court.
The counsel pointed out that the game was also found to be against the glory of Islam; hence the suspension.Justice Farooq observed that sole basis for taking decision of temporary suspension was the complaints received from a segment of the public, adding that counsel for the PTA apprised the court that the complaints were with respect to suicides committed by few members of the public and on that basis a letter was written by the CCPO, Lahore.
The court, however, ruled that the PTA did not follow the relevant law while suspending the PUBG. Subsequently, the court set aside the suspension order while allowing the PTA to take action on public complaints against PUBG in accordance with law. `PTA has already conducted a public hearing, providing an opportunity of hearing to all concerned including the petitioner, it shall pass a speaking and reasoned order on the complaints received by it keeping in view the mandate of Section 37, Peca or any other applicable law within the period of seven days,` the court observed.
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