Internet freedom declined in 2018 following two death sentences for online activity, technical attacks against human rights defenders, and restrictions to connectivity and social media platforms. A problematic cybercrime law also contributed to the ongoing deterioration of online freedom.
The government continues to use national security to justify internet shutdowns and restrictions to social media and communication platforms. The National Assembly and Senate passed Pakistan's first comprehensive cybercrime act in 2016, including provisions that allow censorship and surveillance, and could be used to punish online speech. The Prevention of Electronic Crimes Act has come under intense criticism in Pakistan as well as from international rights organizations and the United Nations special rapporteur on freedom of opinion and expression. Rules governing its implementation were still pending during the coverage period.
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Government initiatives to promote access have made progress in recent years. In 2017, the Punjab government installed 192 free internet hotspots Lahore, Rawalpindi, and Multan,[14] though Pakistan's poor record of protecting user privacy may make some users reluctant to use them (see Surveillance, Privacy, and Anonymity). In January 2018, it was announced that more than PKR 10 billion (US$81 million) worth of projects were launched, awarded by the Universal Service Funds (USF), to provide broadband service to remote areas, particularly Balochistan, Khyber Pakhtunkhwa, and the Federally Administered Tribal Areas (FATA) region. In February 2018, 3G and 4G services were extended to Gilgit-Baltistan for the first time as part of infrastructural development in the region.[15]
Internet cafes on the whole do not require a license to operate, and opening one is relatively easy.[62] Child rights groups have argued that cafes should be regulated to prevent children's access to pornography and gambling sites. [63] In February 2017, the provincial Sindh government issued a ban on all internet cafes "without a proper video surveillance and recording system."[64] Local owners are now "required to keep copies of all users' Computerized National Identity Cards, along with recording their cabin numbers and usage time."[65]
The PTA is the regulatory body for the internet and mobile industry, and internet freedom advocates and human rights groups have expressed concerns about its lack of transparency and independence.[66] The prime minister appoints the chair and members of the three-person authority, which reports to the MoITT.[67]
The PTA plays an active role in implementing policies that undermine internet freedom. In March 2015, the PTA formally took responsibility for internet content management (see Blocking and Filtering). The Prevention of Electronic Crimes Act 2016 (PECA) codified those powers, and also authorized the PTA to develop "rules of business" regarding the investigations of cybercrimes. However, by mid-2018, the PTA had not yet produced any new rules, or shown transparency in the drafting process. Rules are needed to regulate the mode and quality of investigations, a major issue affecting the law's implementation.
In February 2018, the PTA invited applications for the development of a Web Management Solution that would identify and block content that the PECA deemed illegal.[71] Fears have been raised regarding the human rights and internet freedom implications of such a project.
Apart from PECA, other regulatory provisions have long enabled politically-motivated censorship of dissenting voices and information perceived as damaging to the military or political elites. Broad provisions in the 1996 Pakistan Telecommunications Act support censorship for the protection of national security or religious reasons.[72] A Telecommunications Policy approved in 2015 utilized similar language. Section 9.8.3 enabled the PTA to "monitor and manage content including any blasphemous and pornographic material in conflict with the principles of Islamic way of life as reflected in the Objectives Resolution and Article 31 of the Constitution," as well as material that is considered to be "detrimental to national security, or any other category stipulated in any other law."[28] Section 99 of the penal code separately allows the government to restrict information that might be prejudicial to the national interest.[73]
Nonpolitical content is also routinely affected by blocking and filtering. Censorship targeting pornography can restrict access to health information and other legitimate content like Scarleteen, a U.S.-based sex education website for teenagers.[82] In early 2016, the PTA ordered ISPs to block 429,343 supposedly pornographic websites, but the list and how it was vetted was not publicized.[83]
Human rights activists have galvanized public support using digital technology, including on internet freedom issues. Some have achieved limited success, and may have discouraged officials from adopting even more restrictive measures. Yet there is still significant resistance at the institutional level to grassroots campaigns, which limits the effectiveness of digital activism. Digital activism before the passage of the PECA in 2016, for example, failed to prevent problematic provisions from being adopted (see Legal Environment).
Article 19 of Pakistan's constitution establishes freedom of speech as a fundamental right, although it is subject to several broad restrictions.[106] Pakistan became a signatory to the ICCPR in 2010.[107]
In December 2017, the cabinet approved an amendment to add sections relating to blasphemy and pornography to PECA.[112] IHC had originally issued directions to add these offenses to the law.[113] Child pornography was already an offense under PECA (section 22), and sections from the Pakistan Penal Code were used to try cases of blasphemy in online spaces. A draft amendment presented to the court in February 2018 included provisions to punish false accusations of blasphemy as well.[114] The amendments were not passed by parliament during the coverage period.
Sections of the penal code that cover blasphemy, including 295(c), which imposes a mandatory death sentence, are frequently invoked to limit freedom of expression and in many cases involve electronic media (see Prosecutions and Detentions for Online Activities). In March 2017, the IHC ruled that those accused of posting blasphemous content on social media should be barred from leaving the country until their name is cleared.[116] Any citizen can file a blasphemy complaint against any other, leaving the accused vulnerable to violent reprisals regardless of whether the complaint has foundation. Human rights groups report that the law lacks safeguards to prevent abuse to settle personal vendettas.[117]
In early 2018, PKR 24.2 million (US$196,000) were allocated for establishing a "Cyber Patrolling Unit," to be run by the FIA.[148] The unit aims to curb online child pornography.[149] Concerns have been raised about the unit's integration with NADRA, which some critics believe could lead to the sharing of personal data and potential data breaches. In May 2018, the government announced the establishment of the National Cyber Terrorism Security Investigation Agency to counter hate speech and extremist content online.[150]
The Prevention of Electronic Crimes Bill, draft cybercrime legislation with scope to suppress free expression, came under intense criticism in 2015, in Pakistan and from international rights organizations and the United Nations Special Rapporteur on freedom of opinion and expression. On April 13, 2016, however, an amended bill that retained many problematic clauses was approved by the National Assembly. The Senate approved the bill outside the coverage period of this report, and it was adopted in August.[1]
Internet cafes do not require a license to operate, and opening one is relatively easy.[21] Child rights groups have argued that cafes should be regulated to prevent inappropriate access to pornography and gambling sites.[22]
The PTA is the regulatory body for the internet and mobile industry, and international free expression groups and experts have serious reservations about its openness and independence.[23] The prime minister appoints the chair and members of the three-person authority, which reports to the Ministry of Information Technology and Telecommunication.[24] The repeated failure to make new appointments since 2013 have further undermined the PTA's reputation. In March 2015, the PTA formally took responsibility for internet content management (see Blocking and Filtering).
The Telecommunications Policy approved in December 2015 (see Regulatory Bodies) utilized similar language. Section 9.8.3 states that the PTA will be enabled to "monitor and manage content including any blasphemous and pornographic material in conflict with the principles of Islamic way of life as reflected in the Objectives Resolution and Article 31 of the Constitution" as well as material that is considered to be "detrimental to national security, or any other category stipulated in any other law."
Censorship targeting pornography can affect access to health information and other legitimate content like Scarleteen, a U.S.-based sex education website for teenagers.[47] In January 2016, the PTA informed internet service providers that 429,343 websites must be blocked at the domain level,[48] in an attempt to prevent access to pornographic sites. The manner in which the list of websites has been vetted to avoid non-pornographic websites from being blocked has not been made clear to the public.
Article 19 of the Pakistani constitution establishes freedom of speech as a fundamental right, although it is subject to several restrictions.[64] Pakistan became a signatory to the International Covenant on Civil and Political Rights in 2010.[65]
Section 295(c) of the penal code, which covers blasphemy, is frequently invoked to limit freedom of expression. Any citizen can file a blasphemy complaint against any other, and human rights groups say charges have been abused in the past to settle personal vendettas. The imputation of blasphemy leaves the accused vulnerable to reprisals, regardless of whether it has foundation. Many cases have involved electronic media (see Prosecutions and Detentions for Online Activities). 2ff7e9595c
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