The Global Network Initiative (GNI), a multistakeholder organization focused on freedom of expression and privacy in the technology sector, expresses deep concern regarding recent digital regulation proposals amidst continued monitoring and restriction of internet access and social media services in Pakistan. According to recent news reports, the Pakistan authorities are considering amendments to the controversial Prevention of Electronic Crimes Act (PECA), introducing additional, broadly defined categories for unlawful content, expanding the scope of the law’s application, and placing strict requirements for social media companies to comply with these demands. The proposed amendments would reportedly criminalize sharing “fake news,” with a punishment of up to five years in jail, in addition to establishing a so-called “Digital Rights Protection Authority,” with the government appointing the chairperson and three of the six members. GNI encourages the Pakistan government to reconsider this rushed approach and undertake open, transparent, and multistakeholder consultations to inform effective, fit-for-purpose, and rights-respecting regulation.
While this is not the first time Pakistan has considered plans to amend the cybercrime law, recent efforts to regulate digital content and disrupt access to digital services in Pakistan continue to be difficult to reconcile with internationally recognized principles of necessity and proportionality. GNI shares concerns expressed by local stakeholders about the potential for these proposed authorities and broad provisions to be used to restrict speech that discusses or is critical of the State and State actors.
At a time when internet speeds have dropped by more than 30% in Pakistan and the country reportedly leads the world in financial losses suffered due to internet and social media outages, GNI urges the Pakistani government to act consistently with its international obligations and avoid creating disproportionate economic and social consequences by placing more stringent controls on the internet. Pakistan is bound by the International Covenant on Civil and Political Rights (ICCPR), which provides for the protection and promotion of the rights of freedom of opinion and expression, assembly, and access to information. We urge the government to engage in meaningful dialogue, be transparent about its plans and capabilities to monitor and throttle the internet, exercise restraint in blocking access to communications, and undergo thorough and transparent public consultation in advance of any future content regulation efforts.