Iqbal Khan
ELECTRONIC media thrives on online content. It has mind boggling attributes, its speed is near real, while reach and clientele is global. Its impact on governmental and societal functioning is instantaneous. Younger offshoot — the Social Media — has by and large evolved as an informal entity, without requisite operational ethics, and accountability. While an instance of minor personal defamation on a TV channel would invariably attract a law suit by the victim, the sufferer of much graver instances on social media find themselves helpless due to insufficient legislation. Individual’s personal privacy is under continuous pressure, as an irresponsible tweet could cause irreversible damage that subsequent revelation of truth cannot reverse. At social level, some of such setbacks become lifetime agony and scar. In the time of crisis, while truth is just putting on its boots, the falsehood ends up enveloping the entire world. By the time truth effectively reaches its intended audience, it’s immaterial and irrelevant as crisis is already over; all decisions for handling the crisis have already been made on basis of perception generated by inaccurate/false information content.
Keeping in mind this potential, in addition to legitimate usage, ever evolving software applications are also explored by criminal community for negative usage. Intent could vary from: peeping into a bank account; hacking an e-mail trail; a jilted lover’s revenge; manipulating a bourse; disturbing a logistical chain; causing instant social disturbance; changing the post-launch trajectory of a hypersonic missile being directed by an adversary; injecting false data into nuclear command and control centre of a hostile state. Most of such actions do not require an extraordinary skills; amateurs could comfortably do it. Necessity of framing laws to regulate the content on electronic media becomes all the more necessary for the countries who are victim of “Hybrid Warfare” of the order of “Fifth Generation” and have fragile societies perpetually on the edge to start acting like a tinderbox on slightest pretext. Pakistan qualifies to have such laws in place, as it is in double jeopardy with regard to both these fault-lines. Pakistan is on the receiving end of an unprecedented onslaught of Hybrid Warfare due to ongoing regional and extra-regional re-alignments. Social media platforms are being exploited by various quarters in Pakistan to spread fake and false narratives triggering chaos in society and adversely impacting our social, cultural and religious norms.
Electronic crimes are dealt with under “Prevention of Electronic Crimes Act 2016(PECA)”. Section 37 of the Act lays down a requirement for making rules to ensure smooth implementation of the Act. On November 18, the Ministry of Information Technology and Telecommunication (MOITT) made public the “Online Content Removal Rules” for social media, Internet Service Providers (ISPs) and Users”. These rules have been approved by the federal government. As is usual with such rules, the comments from various quarters vary from supportive to hostile. Some stakeholders have complained of non-consultation. Rules were framed by taking on-board all national and international stake holders. New statute defines boundaries to protect masses from various online negativity i.e. blasphemy, discrediting state, abusing institutions/appointments/individuals, inciting sectarian or ethnic hate and harassment etc.
Information Technology Minister, Amin-ul-Haque, said the Government supported freedom of speech, but would not tolerate certain forms of content. “The Government of Pakistan will not tolerate three things in any form,” he told Al Jazeera. “Hate speech, number one. Number two is anti-State content, and number three is vulgarity.” The Minister said that a Consultative Committee “took all stakeholders on board”. According to the rules every person or organization shall have the right to express and disseminate any Online Content on an online system as guaranteed under Article 19 of the Constitution of Pakistan: “Every citizen shall have the right to have access to information in all matters of public importance subject to regulation and reasonable restrictions imposed by law”. PTA shall not restrict, disrupt the flow or dissemination of any online content unless it is necessary for the reasons as prescribed in Section 37(1) of the Act. These rules outlaw the online criticism of the government and public office holders; allow the government to ban online platforms like Facebook, Twitter and YouTube; and require all platforms – including messaging apps like WhatsApp – to share users’ decrypted data with authorities without judicial oversight. New rules have drawn some stern negative response from internet watchdogs, NGOs and rights activists. Most of their concerns are misplaced. Their objective is to just stir up a controversy. Some local NGOs and activist, mostly foreign funded, are projecting a theme that global technical companies may be forced to shut down their operations in Pakistan. Pakistan’s digital economy is likely to grow to the tune of US$ 5.5 billion. In some of the sectors such growth is almost 100 percent per annum. Therefore, due care has been taken that new rules do not impact the E-Commerce negatively. Rights groups have decried the laws as an attempt to muzzle free speech and online dissent. A perception is being floated that new laws may be used to target journalists and rights activists who express dissent against the government. Government has stated that it was withdrawing the explicit ban on criticising the government, while maintaining other provisions.
Rules have not been prepared just off the cuff. Extensive consultative process was followed. Technical outfits, Internet Service Providers (ISPs), digital watch-dogs, legal fraternity and general public were engaged for their input. Since March, the PTA held several consultations with technology companies on the rules, including social media giant Facebook, and the Asia Internet Coalition, a regional organisation that represents Google, Facebook, Twitter, Amazon and other tech giants. Individual companies and stakeholders did hold consultations with government, however, the results of consultation were not made public. Typically, such consultations require drafts being circulated for public input. All nations take security of information seriously and regulate content to mitigate its impact on state and society. Every country has firm laws in place to control its media content in print and electronic media — including social media. The objective of Pakistan’s new content laws is to reduce the quantum and minimise the adverse impact of fake, false, immoral, unethical, anti-religious news/rumours/posts/analysis etc to ensure a chaos-free society. Need for regulation of social media content in Pakistan was long overdue. Pakistan needs to defend itself against this speedy invasion of chaotic cyber space, rather allowing an unhealthy ingress impacting societal fabric of its society. Recently promulgated “Online Content Rules 2020” is a step toward filling this void.
—The Islamabad-based writer is a retired army officer and a regular contributor to the national press.
