Pakistan New Rules on “Removal & Blocking of Unlawful Online Content”
According to a Pakistan Gazette Notification, the newest rules on the “Removal and Blocking of Unlawful Online Content (Procedure, Oversight and Safeguards), Rules 2020” have come into force as of Oct 20th, 2020 when the notification was published. The ‘draconian’ new rules that go against Pakistan’s cybercrime laws basically maintain that producing any online content that goes against the government, any public official, or Islam is forbidden and that it should not be produced in satire either while keeping morals and decency in mind.
While the new law was published in October 2020, it was made publicly available on the website of the Ministry of Information Technology and Telecommunication (MoITT) just now in late-November 2020. However, the Gazette Notification did not go through any Parliament procedures, meaning that the voice of the people could not reach the new laws and that it goes in direct conflict with the country’s cybercrime laws – something that could have been noted if the people elected to Parliament had any say in the matter, making the notification and the rules undemocratic and rather draconian in nature. The Gazette Extra can be read in full detail through the MoITT’s website.
Furthermore, not only are some people questioning the undemocratic nature of the new rules, there is also the matter of the nature of the morals and decency mentioned in them at 4(iv) which are defined and governed by the Pakistan Penal Code of 1860. While the Code must fully define these, it must be taken into consideration that one person’s morals and definition of decency may possibly be in conflict with those of another person.
One factor that gives rise to concern is that not only will this law strictly regulate social media content, but also the activities of news agencies, social media agencies, and social media-based news agencies. It gives the Pakistan Telecommunication Authority, more commonly known as the PTA, the power to block and eventually remove any content deemed indecent or immoral, or content that goes against the RBUOC Rules of 2020. Additionally, the PTA can oblige social media companies to provide any information they ask for in a decrypted format that is comprehensible and readable. Failure to do so within 24 hours (or 6 hours in case of an emergency situation) would cause a fine of 500 Million Pakistani Rupees ($3.14 Million) to be charged to the company with a risk of being banned.
To learn more about the new Act and how it could affect you, somebody you know, or your company, visit this link of the Ministry’s website.
Credit: CC0 Public Domain
