'New Internet Surveillance Rules: It Will Allow Government to Surround Critics'
Pakistan's Ministry of Information Technology on Wednesday issued new rules banning Internet content, including "controversial" interpretations of the term "Pakistan's reputation, security and defense" and other rules on digital rights. Concerns are being raised by workers working for
Pakistan Telecommunications Authority (PTA) spokesman Khurram Mehran told the BBC that the criticism was premature because the rules had not yet been applied.
According to him, the law required that new rules be made and these rules have been made in consultation with the stakeholders.
According to the spokesperson, Twitter, Facebook and AIC (Asian Internet Coalition) have also been consulted on these rules.
The rules are intended to set out procedures for removing or blocking content from the Internet, and were first introduced in February this year.
According to a clause in the new rules, the PTA will be authorized to remove any content that "spreads hatred or malice against the federal and provincial governments and government employees, or damages their reputation."
Other interpretations, such as the term 'unrest', require that the material be 'based on lies', but the definition of 'Pakistan's reputation, security and defense' does not provide any explanation in this regard.
Sadaf Khan, co-founder of Media Matters for Democracy, an NGO working on media rights and freedom in Pakistan, told the BBC that the section was more troubling because it did not discriminate. Whether this material is based on lies will be removed only then, or factual material or someone's personal opinion also falls into this category.
"Under these rules, if the government is criticized in any way, even if it is based on facts, such material can be removed. That is, corruption, mismanagement and criticism from opponents will also be considered illegal.
Regarding the rules introduced under the name 'Removal and Blocking of Unlawful Online Content (Procedure, Oversight and Safeguards) Rules 2020', lawyer Omar Gilani said that 'the terms used to define the term are ambiguous in any case. And they will make it easier for the government to surround its critics.
He added that only parliament has the right to interpret in this regard and the rules cannot be amended.
According to PTA spokesman Khurram Mehran, amendments have been made to these rules from Article 19 of the Constitution and the Civil Code. Now, as far as the matter is concerned, there are forums for its interpretation.
According to him, if anyone has a complaint, then he can go to the High Court.
Keep in mind that such decisions of the PTA cannot be challenged in any court below the High Court.
What is different about the new rules banning content on the Internet?
It may be recalled that in 2019, when the website of the Awami Workers Party, a political party, was blocked by the Pakistan Telecommunications Authority (PTA), they had approached the Islamabad High Court and Justice Athar Minallah Removed the ban on the website and instructed to formulate rules and procedures.
The rules were drafted in February this year but were withdrawn due to criticism and the government has stated that it will review them with all stakeholders.
Most of the lawyers, including organizations working for digital rights, have called the rules out of the scope of Section 37 and expressed concern over their interpretation.
Speaking on the occasion, lawyer Omar Gilani said that the PTA already had the power to block or remove content from the internet, but a procedure has been worked out through these rules.
"Previously, content was removed at the request of a government agency or person or a platform was banned without giving a good reason."
However, the person against whom the complaint will be made will now be able to ban the content only after issuing a notice and hearing, and a decision will be made to block the content in which the reasons will be given and Can be reviewed or appealed.
According to Omar Gilani, so far this is a welcome thing, but it includes some rules that were not even in Section 37 of the PKK.
The rules call on social media companies with more than 500,000 Pakistani users to set up an office in Pakistan within nine months, set up their own data bank here within 18 months, and appoint a special envoy.
Similarly, ISPs and social media companies have been tasked with monitoring content and ensuring that 'illegal' content is not broadcast.
These social media companies and ISPs were previously exempt from this and would make decisions about removing content according to their own rules.
At the same time, the rules allow PTA to impose fines of up to Rs 50 crore on social media companies.
Lawyer Omar Gilani said, "It is unconstitutional to impose fines or increase the existing law through rules and only the parliament has the power to do so."
'Privatization of censorship'
Giving social media companies and ISPs the responsibility to monitor and remove content is being dubbed 'privatization of censorship' by digital rights activists.
According to the rules, companies are held accountable for aggressively monitoring content and are being asked to set up a system to prevent content from coming online.
"This is a dangerous attempt to privatize censorship. How can the government give this option to private companies," he said.
Not only that, but the new rules have raised concerns about the privacy of personal information and content.
The rules also require companies to keep blocked content safe. No explanation was given as to who would use it.
Digital rights activists say the government wants the companies to be empowered to remove content, but in accordance with government regulations.
Sadaf said that the section on women's content was also made a part of 'Pakistan's reputation, security and defense' even though it has been interpreted separately in PKK and the punishments given to it are severe.
What will be the impact on Pakistan's internet-connected economy?
The Asia Coalition Commission (AIC), an alliance of technology companies, has warned that the new rules could "shut down" Pakistan's Internet-connected economy.
A statement issued by the AIC on Thursday said the rules would "make it difficult for people to have free and equal access to the Internet, which would cut off Pakistan's digital economy from the rest of the world."
"If Pakistan wants to be an attractive country to invest in technology and transform the digital sector, it must work with industry to develop clear rules that will make the Internet more accessible," the statement said. Help keep people safe and save people from problems.
The Internet Service Providers Association of Pakistan (SPAC) has also rejected the rules, saying it intends to take legal action against them.
Sadaf said it would not be possible for most Internet-connected companies to follow these rules and that if the government took action against them, it could certainly be detrimental to the country's digital economy.
He further said that the condition of transferring their data bank from these companies to Pakistan was also incomprehensible as AIC had already expressed reservations about it and otherwise about the transfer of companies here abroad I have talked too.
"Mobile service was shut down in Pakistan for two days this week, so it does not seem possible for international social media companies that are not only connected to Pakistan to move the data bank here."
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