UCP NATIONAL LAW MOOT

COURT COMPETITION, 2024

Organized By:
UCP | Law Society (UCPLS)
(INSTITUTED UNDER THE RULES AND REGULATION OF DEPARTMENT OF STUDENT AFFAIRS UCP)

UNDER TAAKRA’24

MOOT PROBLEM

Theme --- Constitutional Law

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 University of Central Punjab
NATIONAL LAW MOOT COURT
COMPETITION, 2024

Paradisia Digital Media Rights Association (PDMRA)

Versus
The Federation of Paradisia
1. Paradisia, an Asian country, became independent in 1965 after a revolution against
President Maximus Delgado's authoritarian rule. This period was marked by political
upheaval, leading to the adoption of democratic reforms. Post-revolution, Paradisia
adopted a federal system and ratified its Constitution in 1970, emphasizing democratic
governance.

2. The country was divided into four culturally distinct provinces: Sierra Verde, Lago
Azul, Monte Dorado, Valle Rojo, and the federal capital, Ciudad Esperanza, fostering
cultural coexistence and regional autonomy. Paradisia, a secular state, was home to two
major religions: Aurorism and Celestianity, while people belonging to Verdantia were
in minority.

3. The 1970 general elections under the new Constitution marked the beginning of
democratic processes. The Liberal People of Paradisia (LPP) won major victories, and
its leader, Jordan Avery, became Prime Minister, guiding Paradisia through significant
developments, including the establishment of the state-owned Paradisia Television
Corporation Network (PTCN) in 1982.

4. The rise of private television networks like the Rights News Network (RNN) in 1991
altered Paradisia's media landscape, influencing the 1995 elections and leading to a
coalition government. The Paradisia Electronic Media Regulatory Authority (PEMRA)
was established in 2002 to regulate electronic media, but faced criticism for bias,
notably during the 2020 elections, which saw a significant victory for Alex Parker of
the Progressive Alliance of Paradisia (PAP), fueled by his pro-internet freedom stance.

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5. Between 2015 and 2020, social media platforms like YouTube, Facebook, and X
(formerly Twitter) had become primary information sources. In the year of 2023, the
Federal Minister of the Broadcasting, Information and Technology, Ms. Harper Quinn
suggested that the social media ought to be regularized and digital media content
creators must be registered. In the wake of increasing digitalization and the expansive
role of social media in public discourse, the Federal Government introduced an
amendment in January, 2024 (Annexure-I) to the PEMRA Ordinance, 2002 to extend
its regulatory reach over social media platforms.

6. Following this amendment, PEMRA issued a series of regulations and rules

(Annexure-I) directed at content creators on social media, particularly targeting the
burgeoning community of Digital Media creators. These regulations mandate
registration with PEMRA, adherence to a code of conduct mirroring that for traditional
media, and empower PEMRA to take action against content deemed inappropriate or
harmful. Under the new regulations, all the Social Media websites got themselves
registered with PEMRA.

7. Mr. Bailey Morgan, a renowned Youtuber, formed an association named Paradisia

Digital Media Rights Association (the “PDMRA”). The PDMRA, a collective
representing the interests of content creators on YouTube, Facebook and X (formerly
Twitter) has openly criticized the amendment and subsequent regulations, arguing that
they infringe upon fundamental rights guaranteed by the Constitution of Paradisia,
particularly those relating to freedom of speech and expression.

8. In early 2024, the PDMRA, under the leadership of prominent content creators such as
Mr. Bailey Morgan, the Chairman of PDMRA, and Ms. Bella Swan, a celebrated
investigative journalist, launched a series of in-depth interviews. These interviews,
featuring political figures, human rights activists, and public intellectuals, delved into
various socio-political issues, attracting millions of views and sparking national debate.

9. Bella Swan's "Voices Unheard" series was a groundbreaking endeavor, bringing to light
the struggles and opinions of minority leaders from Verdantia. Each episode featured
in-depth interviews, revealing the daily challenges these communities faced,
particularly under the current administration. Bella's empathetic yet incisive

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 questioning allowed her guests to speak openly about their experiences, painting a vivid
picture of life in Verdantia.

10. In one episode, Bella interviewed Mr. Dylan Reed, a prominent religious leader in
Verdantia. Mr. Reed spoke passionately about the neglect and insensitivity shown by
Prime Minister Mr. Alex, especially towards religious practices and dietary customs.
He criticized the Prime Minister's policies, particularly those affecting the traditional
ways of life in Verdantia, including their approach to animal welfare and food practices.
Mr. Reed's remarks, including calling Mr. Alex a "stupid Celestianian," sparked
controversy.

11. The show gained significant traction, with episodes quickly going viral. Viewers from
across the nation and internationally tuned in, drawn by the candid discussions and the
unfolding drama. The series not only highlighted the tensions between different
communities but also underscored the broader issues of religious freedom and state
policies. This surge in popularity brought the series into the limelight, garnering
attention from various sectors of society.

12. The Celestianian community, however, was outraged by Mr. Reed's comments.
Religious leaders from this community saw the remarks as a direct insult to their faith
and beliefs. They called for a public apology from Mr. Reed, demanding respect and
understanding for their religious sentiments. This reaction highlighted the deep-seated
tensions and the fragile inter-community relations in the country.

13. Tensions escalated when a group of young Celestianian protestors gathered outside Mr.
Dylan Reed's residence one evening. The group, fueled by anger and resentment, raised
slogans against the Verdantian community. The protest, initially peaceful, quickly
turned volatile as more people joined, and emotions ran high.

14. The situation deteriorated rapidly as the protest became a mob. The crowd, driven by
fury and perceived religious insults, began to attack Mr. Reed's house, breaking through
security barriers. The police were called, but they struggled to control the escalating
violence. The incident was a stark reminder of the fragility of peace in a diverse society.

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15. Tragically, the protest turned into a lynching. Mr. Dylan Reed was caught by the mob
and brutally assaulted. The horrifying event was a shocking display of mob justice and
highlighted the dangerous consequences of unaddressed religious and cultural tensions.
It sent ripples of fear and disbelief across the nation, raising serious questions about
law, order, and religious tolerance.

16. Meanwhile, Bailey Morgan's series "Behind Closed Doors" took a different approach,
delving into the murky waters of government corruption and power misuse. This
investigative series, unlike Bella's, focused on the alleged corruption within the highest
levels of government. Bailey's methodical and daring journalism uncovered
uncomfortable truths, shining a light on the darker aspects of governance.

17. The series included interviews with several under-trial bureaucrats, once trusted
government officials, now facing corruption charges. These interviews were eye-
opening, revealing a complex web of bribery and corruption. Bailey's relentless
questioning and analysis painted a grim picture of the rot within the system, implicating
even the highest offices.

18. The climax of Bailey's series was a hard-hitting conclusion that directly implicated
Prime Minister Mr. Alex in the corruption scandals. Through a combination of leaked
documents, whistleblower testimonies, and the confessions of the accused bureaucrats,
the series presented a compelling argument that the corruption was not just isolated
incidents but part of a larger, more systemic problem. Bailey's reporting suggested that
these corrupt activities were carried out with the knowledge, if not the direct
involvement, of Mr. Alex.

19. The public reaction to "Behind Closed Doors" was immediate and intense. Across
Paradisia, people expressed shock and outrage at the revelations. Social media was
abuzz with discussions and debates about the series, with many calling for further
investigation and accountability. The series struck a chord with the citizens, who were
already frustrated with perceived government inefficiency and corruption.

20. In response to the mounting public pressure and the allegations raised in Bailey's series,
the government was forced to act. Parliamentary inquiries were suggested, and there

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 were talks of setting up an independent commission to investigate the claims. The series
had managed to initiate a conversation at the highest levels of government, signaling
the potential for real change.

21. The climax of this unfolding drama was a press conference organized by Ms. Harper, a
spokesperson for Prime Minister Mr. Alex. In a packed room full of reporters, she
addressed the allegations head-on. Ms. Harper called Bailey's series "flimsy" and
"baseless," arguing that it was an attempt to undermine the government's integrity. She
vehemently denied any wrongdoing by the Prime Minister, framing the series as a
political attack rather than genuine journalism.

22. However, Ms. Harper's statements did little to quell the public's demand for answers.
Instead, her dismissal of the series as "based on no evidence" only fueled further
suspicion and calls for transparency. Citizens and opposition parties alike criticized the
government's response as inadequate and evasive, intensifying the demand for an
independent investigation.

23. The situation was further complicated by growing street protests. Groups of citizens,
outraged by the allegations and the government's tepid response, organized
demonstrations demanding accountability and transparency. These protests, initially
small and localized, began to spread, gaining momentum and attracting diverse groups
of people united by a common demand for justice.

24. As the protests grew in size and number, the government faced increasing pressure to
act. The international community also began to take notice, with foreign media covering
the protests and the allegations of corruption. This international attention added another
layer of complexity to the situation, putting Paradisia under a global spotlight.

25. The events set in motion by Bella Swan's "Voices Unheard" and Bailey Morgan's
"Behind Closed Doors" series marked a turning point in Paradisia's political and social
landscape. These series not only exposed the underlying tensions and corruption in the
society but also ignited a larger conversation about freedom of speech, religious
tolerance, and governmental accountability. The impact of these series would be felt
for years to come, shaping the nation's trajectory in profound ways.

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26. A complaint was filed before the Council of Complaints (the “Council”) under the
PEMRA Ordinance 2002 against Bailey Morgan and Bella Swan. The Council, after
following the due procedure directed the Facebook and Youtube management to
remove the content published by Bailey Morgan and Bella Swan and impose a complete
ban on both. The decision of the Council mentioned that the content was found to be
“prejudicial to the maintenance of law and order, likely to disturb public peace and
tranquility, and endangered national security”.

27. Before the orders of the PEMRA were complied with by the Facebook and Youtube,
the issue garnered significant attention in both national and international media,
sparking debates on the role of social media in modern democracy, the limits of state
regulation, and the protection of fundamental rights in the digital age. Soon the
Facebook and Youtube removed the profiles and the content published by Bailey
Morgan and Bella Swan.

28. The PEMRA's crackdown on the members of PDMRA sparked widespread debate and
protests. Civil society organizations, media freedom advocates, and digital rights
activists organized rallies in major cities, condemning what they perceived as an assault
on freedom of expression.

29. Bella Swan and Bailey Morgan became symbols of resistance against media censorship.
International media outlets covered the story extensively. Renowned global platforms
like the BBC, Al Jazeera, and CNN featured interviews with the affected YouTubers,
highlighting the tension between digital media freedom and state control in Paradisia.

30. Social media campaigns, using hashtags like #StandWithFreeSpeech and

#NoToPEMRACensorship, went viral. These campaigns featured testimonies from
ordinary citizens, journalists, and celebrities, both local and international, voicing
support for the YouTubers and criticizing the government's actions.

31. The government, facing mounting pressure, defended its stance by organizing press
conferences and media briefings. Ms. Harper Quinn specifically stated that “the
Amendment Act and subsequent regulations were not meant to suppress legitimate

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 journalism or freedom of expression, but to ensure responsible use of digital platforms
in the interest of national security”.

32. Mr. Jamie Chen, the Chief Minister of Monte Dorado and a prominent younger leader
of the LPP, also took to the social media and announced his party’s support for the
PDMRA against the PEMRA Amendment Act and the subsequent rules and regulations
made thereunder. He stated that the PEMRA Amendment Act was unilaterally
promulgated by the Federal Government and the Council of Common Interests was not
consulted with which is against the provisions of the Constitution.

33. The PDMRA, under the leadership of Bailey Morgan and Bella Swan announced to
challenge the decision of imposition of ban before the Supreme Court of Paradisia under
its Constitutional Jurisdiction of Article 184(3) of the Constitution. They also
challenged the vires of the PEMRA Amendment Act, 2024 and the subsequent rules
and regulations.

34. The Supreme Court of Paradisia admitted the Petition for hearing and issued notices to
the Federal Government. The Supreme Court has framed the substantial questions of
law as to the interpretation of the Constitution of Paradisia. It has framed the following
issues for consideration:-

A. Whether the Constitutional Petition is maintainable under Article 184(3) of the

Constitution?
B. Whether the PEMRA Amendment Act, 2024 and the rules and regulations made
thereunder are ultra vires to the Constitution?
C. Whether the content published by Bailey Morgan and Bella Swan:
i. Endangered the national security
ii. Was prejudicial to the maintenance of law and order
iii. Was likely to disturb public peace and tranquility

and consequently, warranted a ban by the PEMRA under its applicable laws?

NOTE: The Paradisia’s constitutional, legal, and policy framework are in pari materia
to the Islamic Republic of Pakistan.

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 ANNEXURE-I

PEMRA Amendment Act, 2024

Section 1: Expansion of Jurisdiction

1. The jurisdiction of PEMRA, as established under the PEMRA Ordinance 2002, is

hereby expanded to include oversight of all forms of digital and social media platforms
operating within the territory of Paradisia.

Section 2: Registration and Compliance

1. All social media platforms, including but not limited to websites, applications, and
services that allow user-generated content and communication, must register with
PEMRA.
2. Registered social media platforms shall comply with the Code of Conduct as outlined
by PEMRA, and adhere to the standards of information, education, and entertainment
that align with national interests and public order.

Section 3: Content Monitoring and Regulation

1. PEMRA shall have the authority to monitor content on social media platforms to ensure
compliance with national laws and regulations.
2. Content deemed to be against the integrity, security or defence of Paradisia or any part
thereof, friendly relations with foreign States, public order, decency or morality, or in
relation to contempt of court, commission of or incitement to an offence, or in violation
of the Code of Conduct may be subject to regulatory action, including removal,
suspension, or penalties as deemed appropriate by PEMRA.

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 PEMRA SOCIAL MEDIA RULES, 2024
Rule 1: Registration Process

1. Social media platforms must submit an application for registration, providing necessary
details as specified by PEMRA.
2. PEMRA shall review and approve applications based on compliance with the
regulatory framework and national laws.

Rule 2: Content Guidelines

1. Social media platforms are responsible for ensuring that the content published on their
platforms adheres to the Code of Conduct and all other applicable laws, rules and
regulations.
2. Platforms must establish mechanisms to monitor and moderate content that violates the
specified guidelines.

PEMRA SOCIAL MEDIA REGULATIONS, 2024

Regulation 1: Compliance and Enforcement

1. PEMRA shall establish a compliance and enforcement mechanism to monitor and

regulate content on social media platforms.
2. Violations of the regulations may result in penalties, including fines, suspension of
services, or revocation of registration.

Regulation 2: Grievance and Appeals Process

1. Any content creator or social media platforms may contest the regulatory actions taken
by PEMRA.
2. Decisions made by PEMRA or the Council of Complaints can be appealed in the
designated appellate forum as per the established procedure under Section 30-A of the
PEMRA Ordinance, 2002.

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