Social media companies may have to pay Rs500m fine for not complying with PTA’s instructions: report

Social media companies could face a penalty of up to Rs500 million if they fail to comply with the instructions of the Pakistan Telecommunication Authority (PTA) on blocking online content, said a report published by Geo News on Friday.

Earlier in the week, the federal cabinet had approved amendments to social media rules introduced last year.  According to another report published in The News the Ministry of Information Technology and Telecommunication is set to implement fresh rules in the next few days which will be biding on social media companies.

According to the new rules, a complaint to block or remove online content may be filed by any person, or their guardian, where such person is a minor, aggrieved by online content, or a ministry, division, attached department, sub-ordinate office, provincial or local department or office, law enforcement or intelligence agency of the government, or a company owned or controlled by the government.

Incase a social media company fails to remove or block access to online content as per PTA’s directions, the PTA can serve a written notice requiring the service provider, social media company or significant social media company to remedy the contravention and give a written explanation within 48 hours to the satisfaction of PTA for non-compliance with directions of the PTA.

The report further said that if a social media company fails to respond to the notice or satisfy PTA in respect of the alleged contravention, it may, after affording an opportunity of hearing and by order in writing, take any of the following actions: (a) degrade the services of such a service provider for a period of time as deemed appropriate by it; or (b) block or issue directions for blocking of the entire online information system or (c) impose a penalty up to Rs500 million.

“The service provider, social media company, and significant social media company shall not knowingly host, display, upload, publish, transmit, update or share any online content in violation of the local laws,” the report added.

Moreover, according to the report the service provider and the social media company shall provide to the investigation agency designated or established under section 29 of the Act, any information or data or content or sub-content contained in any online information system owned or managed or run by the respective service provider or social media company, in decrypted, readable and comprehensible format or plain version in accordance with the provisions of the Act.

The report further added that the service provider and the social media company shall deploy mechanisms to ensure immediate blocking of live streaming through online information systems in Pakistan of any online content particularly, related to terrorism, hate speech, pornographic, incitement to violence, and detrimental to national security on receiving intimation from the authority.

The report said that the new rules have relaxed the earlier condition of establishing an office in Pakistan within six months. Moreover, the new rules will provide for, among other matters, safeguards, processes, and mechanisms for the exercise of powers by the PTA under the Act for removal or blocking access to unlawful online content through any information system.

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