Statement of Facts

1. Social media platforms such as YouTube, Facebook and X (formerly twitter) saw
a massive rise in their popularity between 2015 and 2020. The general public
started consuming these platforms not just for entertainment but also for news.
2. The content being published on these platforms was not regularized. Thus, in
January 2024, an amendment (Annexure-I) was made in PEMRA Ordinance, 2002
to extend its regulatory jurisdiction over social media platforms on the same
pattern as electronic media.
3. This amendment (Annexure-I) in PEMRA Ordinance, 2002 introduced several
rules and regulations for digital media creators. These include mandatory
registration with PEMRA, compliance to a code of conduct similar to electronic
media, and authorizing PEMRA to initiate action against any inappropriate and
harmful content.
4. This state control over social media was not perceived as very progressive by
many digital content creators. Among these was a renowned YouTuber, Mr. Bailey
Morgan. Mr. Morgan formed an organization by the name of Paradisia Digital
Media Rights Association (PDMRA) to voice his concerns about these
amendments by the government, arguing that they violate freedom of speech and
expression.
5. Mr. Morgan, Chairman PDMRA, and Ms. Bella Swan, a popular investigative
journalist, started a series of in-depth interviews where they discussed various
social and political issues.
6. Ms. Swan’s “Voices Unheard” was an interview series where minority leaders
from Verdantia shared their struggles and opinions. One such episode was
conducted with a prominent religious leader from Verdantia, Mr. Dylan Reed. Mr.
Reed criticized Prime Minister Mr. Alex Parker for neglecting Verdantia and
criticized his policies affecting Verdantia negatively.
7. During this interview, Mr. Reed made a controversial remark by calling Mr.
Parker ‘a stupid Celestianian’. Mr. Reed’s these comments sparked a huge
controversy among the masses.
8. The Celestianian community was infuriated by Mr. Reed’s these comments. This
was seen as a humiliation of the Celestianian beliefs by the Celestianian religious
clerics . They demanded a public apology from Mr. Reed.
9. The situation further aggravated when a few young Celestianians gathered outside
Mr. Reed’s house and started chanting provocative slogans targeting Verdantia.
10. The protest quickly turned into a mob. Protestors started forcing their way into
Mr. Reed’s house. Household articles were dilapidated. Police were called, but
they failed to control the chaos.
11. The violent mob took a heinous step. Mr. Reed was captured, assaulted and
eventually lynched by the mob. This was a horrifying occurrence which shook the
nation’s foundations.
12. On the other hand, Mr. Bailey Morgan was conducting an investigative series
“Behind Closed Doors” where he discussed the web of corruption in government
circles by interviewing different government officials trapped in corruption
scandals.
13. The culmination of Bailey’s series occurred when these investigations revealed
Prime Minister Alex Parker’s role in the corruption scandals. Through leaked
documents, whistleblower testimonies and the confessions of the accused
bureaucrats, the series showed that corrupt activities were being carried out with
the knowledge of Mr. Parker if not his direct involvement.
14. The public reaction to these revelations was severe and intense. People were
outraged by Prime Minister’s alleged role in the corruption. Widespread protests
erupted across the country. There were demands for a fair public inquiry of the
allegations against Prime Minister Alex Parker.
15. A complaint was filed before the Council of Complaints (the ‘Council’) under the
PEMRA Ordinance, 2002 against Bailey Morgan and Bella Swan. The Council
found Mr. Bailey Morgan and Ms. Bella Swan guilty of violating the code of
conduct and instructed the Facebook and YouTube management to remove the
content published by these creators and ban their profiles.
16. The Council declared their content to be ‘prejudicial to the maintenance of law
and order, likely to disturb public peace and tranquility, and endangered national
security’.
17. There was widespread criticism of PEMRA for censoring these social media
creators. People saw it as a suppression of independent journalism and free
speech.
18. Ms. Harper Quinn stated, “the Amendment Act and subsequent regulations were
not meant to suppress legitimate journalism or freedom of expression, but to
ensure responsible use of digital platforms in the interest of national security”.
19. Mr. Jamie Chen, the Chief Minister of Monte Dorado and a prominent young
leader of LPP, also criticized PEMRA and said that PEMRA Amendment Act was
unilaterally promulgated by the Federal Government and the Council of Common
Interests was not consulted with which is unconstitutional.
20. The PDMRA, under the leadership of Bailey Morgan and Bella Swan challenged
the imposition of ban before Supreme Court under Article 184 (3) of the
Constitution.
21. The PDMRA also challenged the vires of the PEMRA Amendment Act, 2024 and
the subsequent rules and regulations.
22. The Supreme Court of Paradisia admitted the petition for hearing and issued
notices to the Federal Government.