Abstract
Election creates an environment of hate which may lead to potential of violence. Although there
are enough laws relating to prohibition of hate speech under the Constitution of Pakistan and the
ordinary law like Pakistan Penal Code and Anti Terrorism Act, however, there are special laws
which control hate speech during Elections. Although International Instruments protected
freedom of speech first but did not prohibit hate speech, however, it was permitted to be limited
in certain cases.
Similarly, the Constitution of Pakistan 1973 also guaranteed the freedom of speech but with
list of exceptions to prohibit hate speech. For this purpose, all election laws were consolidated in
the form of one piece of legislation: the Election Act 2017. It prohibited hate speech under
corrupt practices and made it an offence. To assure a free and fair election, it is mandatory for the
Election Commission of Pakistan to frame a Code of Conduct for the political parties and the
candidates. The Commission is also bound to issue a separate Code of Conduct for the media.
Both Codes provide effective legal regimes to control hate speech. However, the efforts to
control it can only be successful if all stakeholders struggle to confront this monster.
Aman Ullah Malik . (2018) Governing Abuse of Free Speech during Elections in Pakistan, South Asian Studies, Volume 33, Issue 1.
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