Unlawful content rules: AIC submits letter to AGP over removal and blocking

ISLAMABAD: The Asia Internet Coalition (AIC) has submitted a letter to the Attorney General of Pakistan stating that the “Removal and Blocking of Unlawful Content (Procedure, Oversight and Safeguards) Rules” in their current form make it extremely difficult for its members to make their platforms and services available to Pakistani users and businesses.

The letter addressed to Khalid Jawed Khan, Attorney General of Pakistan on the subject: “Removal and Blocking of Unlawful Content (Procedure, Oversight and Safeguards) Rules” stated; On behalf of the AIC and its members, we welcome your statements before the Islamabad High Court to ensure a meaningful consultation and review of the Removal and Blocking of Unlawful Online Content (Procedure, Oversight and Safeguards) Rules 2020 (the Rules).

The AIC is an industry association with members including Airbnb, Amazon, Apple, Expedia Group, Facebook, Google, LinkedIn, LINE, Rakuten, Twitter, Yahoo (Verizon Media), and SAP.

It further stated that in their previous letter to the Ministry of Information Technology and Telecommunication, the Pakistan Telecommunication Authority and the prime minister, they had stated that the Rules in their current form make it extremely difficult for the AIC members to make their platforms and services available to Pakistani users and businesses.

Instead of clarifying the scope of the powers given to the PTA, these rules create further confusion for both users and online platforms in Pakistan.

Large portions of the Rules are not only unworkable for global internet platforms, they go beyond the scope of the parent act (PECA 2016), putting their legality into question.

In particular, the data localization requirements in the Rules will prevent Pakistani citizens from accessing a free and open internet and shut Pakistan’s digital economy off from the rest of the world.

The PTA’s powers have been expanded excessively, allowing them to force social media companies to violate established human rights norms on privacy and freedom of expression.

“We therefore urge the government to work with industry on practical, clear rules that protect the benefits of the internet and keep people safe from harm,” it added.

The AIC and its members have made a number of offers to undertake this partnership previously and reiterate this commitment.

“We seek your assistance to ensure that the basic principles of meaningful consultation are upheld through a clear consultation framework, timeline and plan.”

In order to instill trust in the policy making and consultation process, the AIC hopes the government will share updated drafts with the stakeholders for feedback, incorporate proposals and inputs, reflect changes in each iteration, and issue explanatory memos on provisions and changes made in each draft.

The letter stated that the exact timeframe for complying with a notice is not something that should be stipulated in the Rules, as it will vary from case to case, depending on the complexities and volume of content under consideration.

There are also legitimate variations between different technologies, types of businesses, and contexts.

Social media companies need a reasonable period of time in which to assess the take down request once all the required information has been provided by the requesting individual.

Social media companies regularly receive overly broad removal requests, and analyses of cease-and-desist and takedown letters across several jurisdictions have found that many

seek to remove potentially legitimate or protected speech.

Instead, we propose that requests should be responded to within a reasonable timeframe or “without undue delay”, it added.

The provisions of registration, permanent office, and data localization requirements – Rule 9(5) fall outside the scope of the parent legislation, namely section 37 of the PECA, which tasks the PTA to develop rules on safeguards, transparent processes, and effective oversight mechanisms for the exercise of its powers to block certain types of content.

Narrowly scoping the rules around this objective will help to provide the clarity that platforms need in order to fulfill their legal responsibilities, including removal obligations.

A narrow scope will also allow the PTA to define and draw clear lines between legal and illegal speech and content, based on evidence of harm consistent with both international norms and

Articles 10A, 19 and 19A of the Constitution of Pakistan.

Any requirement for forced local incorporation and physical office presence will have a deleterious impact on foreign direct investment, economic growth, and Pakistan’s growing IT industry.

Instead of forcing companies to open local offices, Pakistan should be encouraging and facilitating foreign investment through incentives, creating an enabling environment, and growing the base of internet connected consumers, it added.

Copyright Business Recorder, 2021