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Social Media Rules of Pakistan

Introduction:-
The federal government of Pakistan issued through a notification the Citizens
Protection (Against Online Harm) Rules, 2020, made in accordance with the
Rules’ two parent acts, the Pakistan Telecommunication (Re-organization) Act,
1996 and the Prevention of Electronic Crimes Act, 2016. These Acts appear to be
aimed at “exercising greater control” over digital content produced by Pakistani
citizens, particularly on social media. Rule 3 in chapter II of the Rules establishes
an Office of the National Coordinator appointed by the minister of information
technology and telecommunication. The functions and responsibilities of the
national coordinator include coordinating efforts of stakeholders for the
performance of functions relating to regulation of online systems, advising the
federal or provincial governments, issuing instructions to government departments
and agencies, and engaging with social media companies on behalf of the federal
government.
Chapter III of the Rules includes the obligations of social media companies and
special measures. Rule enumerates the following obligation of social media
companies to block and remove unlawful online content:
Social Media:-
A Social Media Company shall, upon being intimated about any online content by
the Authority Pakistan Telecommunication Authority (PTA)], in writing or through
email signed with electronic signature, which is in contravention of any provision
of the Act, or any other law, rule, regulation for the time being in force or
instruction of the National Coordinator, act within twenty-four hours to remove,
suspend or disable access to such online content;
Provided that in case of emergency, the Social Media Company shall act within six
hours to remove, suspend or disable access to such online content. In addition, a
social media company is required to “take due cognizance of the religious, cultural,
ethnic and national security sensitivities of Pakistan.” Asocial media company is
also required to “deploy proactive mechanisms” to ensure “prevention of live
streaming through Online Systems in Pakistan of any content in violation of any
law, rule, regulation for the time being in force or instruction of the National
Coordinator particularly regarding online content related to terrorism, extremism,
hate speech, defamation, fake news, incitement to violence and national security.
“Extremism” is defined in the Rules to mean “the violent, vocal or active
opposition to fundamental values of the state of Pakistan including the security,
integrity or defence of Pakistan, public order, decency or morality, the rule of law,
individual liberty and the mutual respect and tolerance of different faiths and
beliefs.”
PTA Notice:-
If the PTA notifies a company that particular online content is false, the company
is required to “put a note to that effect along with the online content.” Investigative
agencies must be provided with “any information or data or content or sub-content
contained in any information system owned or managed or run by the respective
Social Media Company, in decrypted, readable and comprehensible format or plain
version.” also allows for blocking an online system if a social media company fails
to abide by the provision of the Rules. Moreover, if a social media company fails
to abide by any of the Rules, the national coordinator may impose a penalty up to
500 million rupees (about US$3,232,070).
The filing of complaints regarding the blocking or removal of unlawful online
content, as well as their review and appeal, is provided by chapter IV of the Rules.
Under Rule 8, any person, natural or juristic, or a ministry or government
department (including a company owned or controlled by the government) can file
such a complaint.

Reaction to the New Rules

International and domestic NGOs have criticized the government for its tightening
of control over online social media content through these Rules. The Committee to
Protect Journalists (CPJ) called for a “rollback” of the Rules, which they said were
promulgated in secret “without public consultation.” Senator Mustafa Nawaz
Khokhar, a member of the opposition Pakistan People’s Party and chair of the
Senate Human Rights Committee, told the CPJ that the Rules were seen “as an
attempt to further restrict space of free discourse in Pakistan.” The Digital Rights
Foundation (DSF), a local advocacy NGO to protect women from online
harassment, raised “strong objections to the Rules because they severely restrict
the freedom of expression and privacy of Pakistani citizens in online spaces” and
are a “blatant violation of Article 19 (freedom of speech and information) of the
Constitution. They exceed the boundaries of permissible restrictions within the
meaning of Article 19 and lack the necessary attributes of reasonableness.” Nighat
Dad, the executive director of the DSF, also told Reuters 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
fears the Rules will “be used against dissent, free speech and for political gains.”
The Pakistan Federal Union of Journalists (PFUJ) and other civil society
organizations have launched a national movement to pressure the government to
revoke the rules and plan to hold nationwide protests against the rules on March 4,
2020.
The government, on the other hand, defended the rules, denying that they were
created to tighten control over online political content, but rather to deal with
harmful and unlawful content on social media that was “spreading disorder in
society by propagating pornography, sexual abuse, child abuse, hate speech and
sectarian material.” Also the government holds that it will “help them monitor and
mitigate online content” that has to do with terrorism, extremism, fake news,
incitement to violence and national security. In response to the growing criticism,
the prime minister in a meeting decided that all local and international stakeholders
will be “taken on board” before the Rules are implemented.
Current Status of the Rules
The Ministry of Information Technology and Telecommunication formed a
Committee headed by the chairman of the PTA that will undertake a “broad-based
consultation with relevant segments of civil society and technology companies
about these rules and complete the process within two months.” However, civil
society organizations have said in a statement that as long as the rules are still
approved by the Federal Cabinet and have not been withdrawn, the consultative
process is “merely token to deflect criticism and not a genuine exercise to seek
input.” the chairman of the PTA to clarify the current legal status of the rules. The
chairman responded that “he rules are expected to be improved/amended suitably
at the end of consultation process. Implementation of existing rules has been
suspended.”