The Supreme Court of Pakistan has ruled that secretly recording private conversations without permission is illegal. The decision targets recordings used for blackmail, extortion, or other illegal purposes.
The court said people cannot rely on evidence obtained through secret recordings. It emphasized that privacy and human dignity are protected under Pakistani law.
Court Highlights Legal Protections
Justice Muhammad Hashim Khan Kakar authored the five-page judgment delivered by a three-member bench. The case involved an accused who was acquitted after a petitioner used a hidden recording about a Rs5,000 bribe.
The court explained that the Prevention of Electronic Crimes Act 2016 (PECA) considers unauthorized surveillance a criminal offense. Section 23 of PECA makes it illegal to record or transmit someone’s voice or image without consent and with dishonest intent.
The bench clarified that recordings made as part of official duties differ from those created to trap someone. “The person recording should not be the same who sets a trap to obtain evidence,” the court stated.
The court also noted that the prosecution failed to provide independent witnesses or additional proof to support the claims. Therefore, it upheld the acquittal.
Privacy and Constitutional Rights
The Supreme Court stressed that Article 14 of the Constitution of Pakistan 1973 protects human dignity and privacy in the home. Secret recordings violate these rights.
Moreover, the court cited Islamic teachings, including the Quranic command “Do not spy.” It explained that privacy has deep roots in Islamic law.
The court warned that allowing secret recordings could weaken constitutional protections. Citizens could misuse technology to harm others. Courts could then rely on illegally obtained evidence, which would violate fundamental rights.
Clear Guidelines for Citizens and Law Enforcement
The court clarified that secretly recorded evidence cannot be used in legal proceedings. It emphasized that citizens and authorities must follow legal and ethical boundaries.
The ruling also sets a precedent to protect private communications in Pakistan. Experts say it strengthens privacy laws and discourages extortion or blackmail using hidden recordings.
The Supreme Court’s decision ensures that personal dignity and security remain protected in the digital age. It also reminds everyone that law enforcement must act within legal limits when handling recordings.
