Freedom of Expression AMD Press under Pakistan’s Constitution 1973

Abstract

This article provides a comprehensive analysis of Pakistan’s constitutional guarantee of freedom of expression and press under Article 19 of the 1973 Constitution. By examining the text of Article 19 alongside related provisions (such as Article 19A on information access and Article 10A on fair trial) and reviewing key court decisions, the study clarifies how the right is defined and applied. Using doctrinal legal methodology and case-law review, we assess how Pakistani courts interpret the scope of free expression and the conditions under which it may be lawfully curtailed. Key findings reveal that Article 19 formally guarantees broad expression and press rights but explicitly subjects them to “reasonable restrictions” on grounds like religion, security, and public order (Constitution of the Islamic Republic of Pakistan, 1973). Supreme Court jurisprudence underscores the centrality of free expression in democracy, yet insists any restrictions be lawful, necessary, and proportionate. In practice, however, ambiguous terms in laws such as the Prevention of Electronic Crimes Act (2016) and colonial-era provisions (e.g. sedition and blasphemy laws) have been applied expansively, chilling public discourse. The study identifies significant tensions between Article 19’s promise and its application, and concludes with recommendations for clearer legislative standards and stronger judicial oversight to better safeguard this fundamental right.