Pakistan has come a long way in setting standards for social media platforms by putting in place a set of rules aimed at protecting users from abuse, fake news, blasphemous content and hate speech.
The new online content rules 2020 are aimed at safeguarding the country from an unprecedented onslaught of hybrid warfare due to regional and extra-regional re-alignments.
The rules have been designed to block and remove fake news and propaganda against the country’s national security institutions, blasphemous content, hate content and other sensitive material that violates the cultural and ethnic norms of the country.
GLOBAL RULES ON SOCIAL MEDIA:
PAKISTAN: The revised Social Media Rules were prepared by a committee constituted by Prime Minister Imran Khan under the Pakistan Telecommunications Authority (PTA) chairman, after a due consultation process with various relevant national and international stakeholders. Draft rules after vetting by Minister of Law and Justice (MoL&J) were processed by Ministry of Information Technology and Telecommunications (MoITT) for cabinet and stood approved on Oct 6, 2020.
UK: has regulations for social media companies that include fines, site blocks and prosecution of senior management for companies. UK government setting up a regulator to police online platforms with serious penalties if they fail to remove violent content ‘expeditiously’.
INDIA: IT Act 2000 defines that social networking sites in India are liable for various acts or omissions that are punishable under the laws of India. Section 66A of the IT Act has been enacted to regulate the social media law and assumes importance as it controls and regulates all the legal issues.
BANGLADESH: ICT Act, 2006 (amended 2013) and the Digital Security Act 2018 covers all the areas of negative propaganda against the liberation war, defamation, hurting religious values, spreading of hatred and creating enmity among different groups and communities that can cause deterioration of law and order etc.
FRANCE: Since May 2020, French laws require social media companies to delete certain content within an hour. Platforms could face fines of up to €1.25 million ($1.36 million) if they fail to respond.
GERMANY: In 2017, Germany passed The Netzwerkdurchsetzungsgesetz (NetzDG) law. Under this law, social media networks with more than 2 million users must act within 24 hours of being informed about “law breaking” material. Failure to comply can attract fines up to €50 million.
CHINA: The Cyber security Laws of China, prohibits the publication and transmission of false information that may disrupt the economic or social order. The law also bans information that may endanger national security, overturn the socialist system, or infringe on the reputation of others. Violators can be sentenced to fixed-term imprisonment from three to seven years.
EU: The EU’s digital chief has invited companies including Alphabet Google, Apple, Amazon and Facebook to discuss draft rules to curb their powers. Decision is expected during the current year.
VIETNAM: has threatened to shut down Facebook in the country if it does not bow to government pressure to censor more local political content on its platform.
AUSTRALIA: passed sweeping legislation that threatens huge fines for social media companies and jail for their executives if they fail to rapidly remove “abhorrent violent material”. The law strongly opposed by the tech industry puts Australia at the forefront of a global movement to hold companies accountable for the content they host.
UAE: The UAE’s Cyber Crime Law, creates additional categories of offenses addressing the increase in the incidence of cybercrimes. Most offences are related to personal, immoral, unethical, security, financial and national ideological/social crimes.
SAUDI ARABIA: The Saudi Anti-Cyber Crime Law promotes punishments by imprisonment for one year and or a fine ranging between SAR 500,000 to 3,000,000.
The ‘Removal and Blocking of Unlawful Online Content (Procedure, Oversight and Safeguards) Rules 2020’ prepared under the Prevention of Electronic Crimes Act were meant to regulate the online content. Tech companies, ISPs, digital watchdogs, legal fraternity and the general public were engaged for input and the document was compiled in conformity with Article 19 of the Constitution
However, the approval of revised rules has drawn reaction from various interest groups and NGOs including the Digital Rights Foundation, BoloBhi, Nighat Dad, Asian Internet Council and Social Media giants.
PAKISTAN’S PERSPECTIVE:
Pakistan’s digital economy is estimated to be in the tune of $5.5 Billion, which in some domains is growing at a phenomenal rate of 100 per cent per annum.
While the local NGOs and activists fear that global tech companies may be forced to shut down their operations in Pakistan. However, the huge amount of business that these tech giants generate in Pakistan will never be compromised for laws that do not impact their revenue in essence. The new rules have virtually no impact on e-Commerce.
However, the critics fail to realise that each country has its own cultural, religious and social values and domestic laws tailored to suit its interests. Every State adopts and enacts a set of laws that conform to its ideology, all domains of national security and foreign policy aims. No two states have similar laws, nor the global community guidelines can supersede law of the land.
The Freedom of expression is itself a vague and controversial term and is interpreted differently by each state. Providing a cleaner and non-toxic internet space to youth will have huge positive impact for future generations.
Cutting down on the adverse impact of fake, false, immoral, unethical, anti-religion news, rumors, posts, analysis is an obligation for any State to ensure a chaos free society. This national obligation is protected and furthered by the enacted rules.
Pakistan is facing an unprecedented onslaught of Hybrid Warfare due to regional and extra regional re-alignments. It is therefore imperative for the State of Pakistani to defend itself against this invasion of chaotic cyberspace and mould it to draw advantages rather allowing an unhealthy ingress impacting social fibre of the society.
LEGAL ASPECTS:
• Removal/Blocking Of Unlawful Online Content Rules 2020 has not been prepared in thin air, rather a complete process was followed. Engagement was carried out with technical companies, ISPs, digital watch dogs, legal fraternity and general public for input and the document was compiled in conformity with Article 19 of the constitution (Chapter II, para 4 of PECA).
• The parameters defined by rules ensure no endangering of e-commerce, education, health, transport, virtual social meetings, business activities, office data works and miscellaneous usage platforms etc.
• The mechanism of complaint launch has been devised after a careful analysis and follows procedure with check and balances including appropriate input (Chapter III, para 5).
• Option of appeal and review against the decision by the Authority has also been included in the rules (Chapter III, para 10 and Chapter IV, paras 11 & 12).
• Rules will focus only on cleansing the venomous content that target the national ideology, religion, state and moral fiber of society. Similar essence of offences are also stated in Pakistan Protection Order Bill 2014 (Annex to para 2j).
• The major resistance has not been observed form general public (from any domain) but from quarters that in one way or another are involved in over-stepping the state red lines and throwing in mal-intended content to change or manage social perceptions (including digital rights NGO’s, social activists and media personal etc).
• Importantly, no technology company has raised any objection directly, however may be complicit in using front organizations to have their way e.g. Asia Internet Coalition (AIC), Internet Service Providers of Pakistan (ISPAK), Digital Rights Monitor etc. Recent demarche by US State Department to Pakistan is likely initiated by technical companies.
• The major objection pivots around the authority’s empowerment to remove and block content (within 24 hours or 6 hours in case of emergency) which goes against glory of Islam, integrity, security, public order / health / safety, decency and morality. A failure to do so can result in fines up to Rs 500 million (Safeguarding the freedom of speech and expression, Chapter II, para 4).
• “Digital Rights Monitor (DRM)”, an organization that is working for digital rights and internet governance being run under the umbrella of “Media Matters For Democracy (MMD)”, a Pakistan based non-for-profit organization for independent journalism, media and digital rights reflect “13 International Principles on the Application of HR to Communications Surveillance”. All the 13 principles (devised by ACCESS, an international organization that defends and extends the digital rights of users at risk around the world) have been addressed by the new rules. The 13 principles are legality, legitimacy, necessity, adequacy, proportionality, competent judicial authority, due process and user notification.
• All elements of Pakistan’s internet environment have to share responsibility for making social media and internet space less toxic for public users and protecting virtual boundaries of the nation.
The new rules would help in quick removal of unlawful, defamatory, obscene and pornographic content from social media platforms and are fully in compliance with the Prevention of Electronic Crimes Act that was passed by Parliament in 2016.
Under the rules, the social media companies and internet service providers with more than half a million users in Pakistan were also required to register with the authority, establish a permanent office in Islamabad, and appoint a focal person based in the country within nine months and within three months, respectively, of coming into force of these rules.
The rules suggest that the companies will be bound to establish one or more database servers in Pakistan within 18 months of coming into force of these rules, to store data and online content, but it was subject to the promulgation of data protection law.
The rules allow any individual, government department, including law enforcement agencies, to file a complaint against any unlawful online content with reasons for its removal or blocking access on digital platforms.
