The open media support office in Afghanistan (NAI) has entitled the introducing of social media users to the court against the media law without preliminary investigation by the mass media committee in Herat Province.
In recent time some of the social media users on Facebook by using other names have been introduced to the court for insulting some of the Presidential and Provincial candidates and their cases has been sent to the high court of Herat Province.
The (Nai) office believes that based on the media law internet is one of the electronic tools for media any violence on internet space specially in social media is counted one of the violence s in media aspect and based on the law the case to be reviewed will only be done by the mass media committee, and if the committee identifies the case as crime then it must be sent to Justice and Judicial institutions.
The related Governmental institutions while facing such cases has to behave legally towards it they don’t have to directly take measurements by their own until the case is introduced by the Mass media committee, disregarding of the mass media law will be the ignoring of the any penalty.
And from the other hand any interfering from the Governmental institutions including justice and Judicial institutions ignoring the mass media law is deemed to be a clear invasion in freedom of speech privacy, and according to the article 34 of Afghanistan constitution it is prohibited, the provincial court of Herat Province was talking about the abilities of the National security directorate technical capabilities who can truck those social media users insulting people while the Ministry of communication and information rejects having such capabilities to truck the users.
Once again (Nai) office demands the justice and Judicial departments to respect and regard the mass media law in case of any violence,small complain must not be ended up for an Afghan citizen to be on a trial, otherwise any introducing to the court will discourage the Afghan citizens to use the social media which itself is considered a clear violence in freedom of speech privacy.