Regulating social media in public interest, says Fawad

Federal Minister for Science and Technology Fawad Chaudhry on Friday said that regulating social media was in public interest, besides bringing the social media companies under Pakistan's legal framework was imperative.

The Ministry of Information Technology and Telecommunication has notified Citizens Protection (Against Online Harm) Rules, 2020, to ensure prevention of online content related to terrorism, extremism, hate speech, defamation, fake news, incitement to violence and national security. The rules have been criticized by different segments of society and have been termed a blatant violation of Article 19 of the Constitution.

Chaudhry tweeted, "regulating social media is perfectly public interest requirement.... you never criticized [the] USA and [the] UK for actually more stringent regulations but for Pak[istan] you want zero regulation, also to bring companies in Pak economic laws framework registration is imperative."

He further tweeted that those rules were framed in exercise of the powers conferred under Clause (C) of Sub-Section (2A) of Section 8, Sub-Section (1) of Section 54 and Clause (AG) of Sub-Section (2) of Section 57 of the PTA Act, 1996, and the sections 35, 37, 48 and 51 PECA. "The law was passed by Pakistan Muslim League-Nawaz (PML-N) government," Chaudhry said.

Meanwhile, Digital Rights Foundation Chairperson Nighat Dad said that those rules could not be looked at in isolation. "In a society that is faced with massive impediments to free speech, the likely reaction citizens' end up having is to self censor. Such policies create a divide between government and the public; something a democracy such as ours cannot afford," she said.

Dad tweeted, "Citizen Protection against Online Harms Rules is a blatant violation of Article 19 of the Constitution. They exceed the boundaries of permissible restrictions within the meaning of Article 19 and lack the necessary attributes of reasonableness. The most obvious effect of these rules will be on the vision of digital Pakistan." She said in her tweet, "They are incredibly restrictive and place immense powers in the hands of a 'national coordinator'. Such an atmosphere will prove non-conducive for tech companies and investors to move to Pakistan."

Dad said that "Social media has emerged as the backbone of modern businesses. Many small businesses, women entrepreneurs and content creators use social media as a medium for their business." "The imposition of such harsh rules will therefore not only affect individuals but also local startups and e-commerce," she added.

Senate Standing Committee on Rules of Procedure and Privileges Chairperson Senator Ayesha Raza Farooq said that Parliamentary oversight allowed both the National Assembly and the Senate of Pakistan to review rules and regulations; an important component of delegated legislation. "Also, any draconian /repressive rule that stifles freedom of speech, Article 19, falls under the purview of Human Rights committee," she said.

Legal Advisor, South Asia, International Commission of Jurists Reema Omar tweeted against the social media rules, "there are multiple concerns related to procedure of regulation; grounds; and lack of safeguards against misuse of new powers. Also, if draft rules can be shared with public prior to cabinet's approval, would set a good precedent."

The Ministry of Information Technology and Telecommunication stated that in exercise of the powers conferred under clause (c) of sub-section (2A) of section 8, sub-section (1) of section 54 and clause (ag) of sub-section (2) of section 57 of the Pakistan Telecommunication (Re-organization) Act, 1996 (XVII of 1996) and the sections 35, 37, 48 and 51 of the Prevention of Electronic Crimes Act, 2016, (XL of 2016) the federal government made the rules called the Citizens Protection (Against Online Harm) Rules, 2020 and would come into force with immediate effect.