Regulatory Framework of Social Media Content in Pakistan

In Backgrounder
December 21, 2020
Mahnoor Islam
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Overview Pakistan has introduced new social media laws to counter hate speech and violence on social media. Activities such as terrorist recruitment and threats are common on social media. Below we take a look at laws and authorities in Pakistan which regulate social media: Federal Investigation Agency The Federal Investigation Agency in 2007 established a

Overview

Pakistan has introduced new social media laws to counter hate speech and violence on social media. Activities such as terrorist recruitment and threats are common on social media. Below we take a look at laws and authorities in Pakistan which regulate social media:

Federal Investigation Agency

The Federal Investigation Agency in 2007 established a National Response Centre for Cyber Crime (NR3C) which can investigate and charge anyone who is involved in illegal and criminal acts in the cyber space including acts of impersonation and defamation on social media, etc.

Pakistan Telecommunication Authority

The Pakistan Telecommunication Authority (PTA) was established under the Pakistan Telecommunication (Re-Organization) Act, 1996, and became operational in 1997.
PTA has a Cyber Vigilance Division which regulates Pakistan’s cyber-space.
It identifies and blocks URLs which contain blasphemous, anti-state etc. content online, including content available on social media.

The Prevention of Electronic Crimes Act, 2016

The purpose is ‘to prevent unauthorized acts with respect to information systems and provide for related offenses as well as mechanisms for their investigation, prosecution, trial and international cooperation’.
Section 9: discusses the specifies the types of offences and activities for which this is criminalized.
Section 32: requires internet service providers to retain specified traffic data for a minimum of one year and subject to the demands of the PTA, provide that data to an investigation agency or authorized agent.
Section 37: discusses unlawful online content. It gives vast powers to PTA to block or remove online content through any information system if it considers it necessary in the interest of the glory of Islam or the integrity, security or defence of Pakistan or any part thereof, public order, decency, morality, or in relation to contempt of court or commission of or incitement to an offence under the Act.
Section 48: grants the Government and PTA the power to issue directives to service providers in the interest of preventing an offence under the Act.

The Removal and Blocking of Unlawful Online Content (Procedure, Oversight and Safeguards) Rules, 2020

Theses new rules has been notified under the Prevention of Electronic Crimes Act, 2016 by the Pakistan Telecommunication Authority.
Salient Features of the Rules
Rule 3: Authorizes PTA to remove and block access to any online content in the interest of:
- Glory of Islam;
- Integrity, security and defence of Pakistan;
- Public Order;
- Decency and Morality.
Rule 7: Obliges social media company, service provider, information system or a website owner to remove or block access to unlawful content within 24 hours of receiving directions from PTA
Rule 8: In case of failure of compliance with Rule 7, PTA may issue directions to block the entire online system or services.
Rule 9(1): No user, social media company, service provider, information system or a website owner can host, display, upload, modify, publish, transmit, update or share an online content that:
- Belongs to another person or to which the user does not have any right to;
- Is blasphemous, defamatory, obscene, pornographic, pedophilic, invasive of another’s privacy;
- Violates or affects religious, cultural, ethnical sensitivities of Pakistan;
- Harms minors in any way;
- Impersonates someone;
- Threatens the integrity, security or defence of Pakistan or public order or causes incitement to any offence under the Act.
Rule 9(5): instructs service providers including social media companies to register with PTA and to establish permanent registered office in Pakistan. It also directs service providers to open data centers in Pakistan, and to hand over the data to the Government of Pakistan.

Legal Analysis of the Removal and Blocking of Unlawful Online Content (Procedure, Oversight and Safeguards) Rules, 2020

The new social media rules have met with criticism and controversy. Nighat Dad, CEO of Digital Rights Foundation said ‘the worrying part for me is that the definition of extremism, religion or culture is so wide and ambiguous and that means they have unfettered power to call any online content illegal or extremist or anti-state’. She also stated that the new rules could be used against free speech for political gains.

A joint statement by various civil society actors said the new rules ‘point towards the centralization of power to exercise strict controls over digital and online narratives.’

According to Farieha Aziz ‘Their goal appears to be complete control over information by the state, and for the state to have total hegemony over information’.

Government’s Stance on the Removal and Blocking of Unlawful Online Content (Procedure, Oversight and Safeguards) Rules, 2020

A Government Official stated that the new rules are a way to regulate online content. “It is imperative for the state to defend itself against this invasion of chaotic cyber activity and stop an unhealthy ingress impacting social fiber of the society” he stated. According to the official, the rules are introduced to remove fake news and propaganda against the country’s national security institutions..

Another senior official of PTI government stated that activists were trying to portray the new rules as a way for the state to ‘control’ social space. Amin-ul-Haque, Pakistan’s federal minister of Ministry of Information Technology and Telecommunication commented that Pakistan supports freedom of speech but won’t tolerate certain content.