A landmark decision on film censorship has clarified that Pakistan’s decades-old Motion Pictures Ordinance does not apply to streaming services like Netflix and Amazon Prime. The Lahore High Court (LHC) ruled that digital platforms cannot be regulated under a law created for traditional cinema, rejecting petitions filed by cinema operators seeking equal restrictions on online content.
Court Rejects Petitions Against Streaming Services
Justice Raheel Kamran of the LHC delivered a detailed 20-page judgment dismissing petitions from NC Entertainment (Pvt) Ltd and other cinema operators. They argued that the Motion Pictures Ordinance, 1979, unfairly required cinemas to obtain film certifications while allowing digital platforms to operate without similar checks. The petitioners claimed this disparity violated their fundamental rights and created an uneven playing field.
However, Justice Kamran observed that the ordinance was framed in a pre-digital era to regulate films shown through cinematographs in public venues. He emphasized that applying the law to modern streaming platforms would be both legally incorrect and practically impossible.
Key Legal Arguments Examined
During the hearings, the petitioners insisted that censorship principles under Section 6 of the ordinance—derived from Article 19 of the Constitution—should apply equally to all platforms to safeguard public morality. They maintained that the selective enforcement of censorship rules discriminated against cinema operators while allowing OTT services to avoid oversight.
Government lawyers countered that the petitioners had no legal basis for their claim. A federal law officer argued that the petitioners were not directly aggrieved because no established rights had been violated. He further noted that after the 18th constitutional amendment, the regulation of cinematograph censorship devolved to provincial authorities, giving provinces exclusive power over cinema-related matters.
OTT Platforms Not Covered by the Law
Justice Kamran agreed with government counsel and pointed out that the term “cinematograph” must be interpreted in the context of the 1979 ordinance. He stated that the law was intended to govern films exhibited in public spaces, not content streamed directly to personal devices. Because OTT platforms deliver material globally and update their libraries constantly, pre-censorship is neither legally viable nor logistically possible.
The judge warned that extending the Motion Pictures Ordinance to streaming services would amount to judicial legislation—an action beyond the court’s mandate. He stressed that creating new regulatory mechanisms for digital platforms is the responsibility of lawmakers, not the judiciary.
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Distinction Between Cinemas and OTT Services
Justice Kamran further ruled that cinemas and online streaming services are not “similarly circumstanced” entities under Article 25 of the Constitution. Cinemas exhibit films in public venues and must comply with local certification requirements. In contrast, OTT services operate across borders and provide content directly to individual users. As such, they cannot be treated as identical mediums for the purpose of censorship.
The court also addressed the argument that importing digital content exempts streaming platforms from Pakistan’s Import Policy Order 2022. Justice Kamran clarified that once content is publicly exhibited within the country, it remains subject to relevant domestic laws governing public display. However, the global and private nature of OTT distribution makes such exhibition fundamentally different from cinema screenings.
Regulatory Bodies Present Their Views
Representatives of several regulatory agencies supported the court’s interpretation. A Punjab government law officer explained that the Punjab Film Censor Board’s jurisdiction is limited to the censorship of films shown in cinemas. He noted that the Pakistan Electronic Media Regulatory Authority (Pemra) oversees broadcasting and distribution standards for television channels but does not regulate streaming content.
Similarly, a lawyer for the Pakistan Telecommunication Authority (PTA) confirmed that the agency has no mandate to control the content available on OTT platforms. An amicus curiae, Advocate Zeeshan Zafar Hashmi, also advised the court that the Motion Pictures Ordinance clearly applies only to the exhibition of films by means of a cinematograph.
Implications for Pakistan’s Digital Landscape
The judgment marks a critical step in defining the legal boundaries of digital media regulation in Pakistan. By rejecting calls to extend outdated censorship laws to new technologies, the LHC highlighted the need for modern legislation tailored to the realities of online streaming.
Justice Kamran’s remarks underline that any attempt to impose cinema-style censorship on OTT platforms must come from parliament, not the courts. This ruling provides clarity for streaming services operating in Pakistan while signaling to lawmakers that contemporary regulations are necessary to address concerns about online content.
As digital entertainment continues to grow, the decision reinforces the principle that laws must evolve with technology. Cinema operators may face tougher competition, but the court has made it clear that the solution lies in legislative reform, not judicial expansion of old statutes.
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