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Social media 2.0 now gazetted and in effect. No national coordinator's office, however data localisation clause still there and requirement to set up local office and bring servers eventually. Can still impose penalties in the millions through PTA. https://moitt.gov.pk/SiteImage/Misc/files/Social%20Media%20Rules.pdf
*social media Rules
Substantively, the problems with the Rules remain the same (detailed discussion to follow). Two comparative articles produced in collaboration with Prof @AJCarrillo4's team of students at George Washington Law are a must read to counter the false claim: "it happens everywhere."
This article focuses on content regulation in different jurisdictions, examining practices against what was laid down in the previous version of the Rules. https://bolobhi.org/the-perils-of-peca-democratic-new-rules-for-online-content-regulation-in-pakistan/
This article deals specifically with the data localization clauses which are present in the now notified and gazetted Rules too. https://bolobhi.org/other-democracies-dont-have-data-localization-laws-so-pakistan-shouldnt-either/
Here is @BoloBhi's policy brief on censorship of online content tracing this from the time the IMCEW was set up in 2006 to the earlier version of the Rules that surfaced in Feb 2020: https://bolobhi.org/wp-content/uploads/2020/07/Pakistan%E2%80%99s-Online-Censorship-Regime.pdf
Re speech and information, the categories defined and references to Articles of the Constitution and sections of the law cited are a cause for concern, in terms of legality and constitutionality, but also the implications when it comes to application.
The power to impose fines, take punitive action by banning platforms, requiring companies to do various other things such as monitor content and taken action or be held responsible, runs contrary to the liability protection extended through Sec 38 of PECA: https://twitter.com/FariehaAziz/status/1329286370947461122?s=20
Privacy implications are huge. Pakistan has no data protection law. The one under discussion also contains data localisation clauses. Companies are being instructed to establish offices, servers & hand over info in decrypted format, elsewhere guided by warrants.
While PECA requires warrants for search and seizure (Section 33) and disclosure of content data (Section 34), not so in practice.
Also read:
1) @theGNI on the multistakeholder roundtable organised in July 2020 on the Rules https://globalnetworkinitiative.org/pakistan-roundtable-digital-content-regulation/
1) @theGNI on the multistakeholder roundtable organised in July 2020 on the Rules https://globalnetworkinitiative.org/pakistan-roundtable-digital-content-regulation/
2) An analysis by @YaleISP_WIII on the earlier version of the Rules https://law.yale.edu/isp/initiatives/wikimedia-initiative-intermediaries-and-information/wiii-blog/newly-published-citizens-protection-against-online-harm-rules-are-disaster-freedom-expression
3) Op-ed by @M_Karanicolas on the Rules https://www.dawn.com/news/1539965/digital-dark-age
3) Op-ed by @M_Karanicolas on the Rules https://www.dawn.com/news/1539965/digital-dark-age
4) AIC letters/statements/comments
Oct 2020 (letter to PM): https://aicasia.org/2020/10/06/aic-expresses-concerns-to-pm-khan-re-pakistan-citizens-protection-against-online-harm-rules-2020-oct-2020/
June 2020 (Comments to PTA): https://aicasia.org/2020/06/05/pakistan-aic-submits-comments-on-pakistan-citizens-protection-against-online-harm-rules-2020-june-2020/
Feb 2020: https://aicasia.org/2020/02/16/aic-submits-response-to-pakistans-citizens-protection-rules-against-online-harm-feb-2020/
Oct 2020 (letter to PM): https://aicasia.org/2020/10/06/aic-expresses-concerns-to-pm-khan-re-pakistan-citizens-protection-against-online-harm-rules-2020-oct-2020/
June 2020 (Comments to PTA): https://aicasia.org/2020/06/05/pakistan-aic-submits-comments-on-pakistan-citizens-protection-against-online-harm-rules-2020-june-2020/
Feb 2020: https://aicasia.org/2020/02/16/aic-submits-response-to-pakistans-citizens-protection-rules-against-online-harm-feb-2020/
Those implying the Rules meet global standards or the regime under them is in place in many countries, exactly the same way, are not being truthful. Where similar Rules have been introduced, it's not a method to emulate. See above resources for detailed comparative perspectives.
An analysis of the the Rules (in English), scheme of PECA and our Constitutional framework with insight into the current political context. In discussion with Saroop Ijaz (lawyer & senior counsel Asia, @hrw) & @UsamaKhilji (Director @BoloBhi) https://twitter.com/FariehaAziz/status/1329440810870431752?s=20
Conversation with @UzairYounus on the Rules (in Urdu) https://twitter.com/UzairYounus/status/1329442658633347073?s=20
"The tech companies warned that the rules would make it extremely difficult for AIC members to make their services available to Pakistani users and businesses." https://www.dawn.com/news/1591357/tech-giants-threaten-to-leave-pakistan-if-social-media-rules-stay
"It’s chilling to see the PTA’s powers expanded, allowing them to force social media companies to violate established human rights norms on privacy and freedom of expression." https://aicasia.org/2020/11/20/pakistan-aic-issues-media-statement-on-removal-and-blocking-of-unlawful-content-procedure-oversight-and-safeguards-rules-20-nov-2020/
In Feb 2020, over 100 signatories (organisations & individuals) expressed their reservations about the "consultation" on the Rules announced by the govt, said they would not participate, terming it a "smokescreen." Companies now see it for what it was. https://bolobhi.org/no-consultation-without-withdrawal-of-cabinet-approval-of-online-protection-against-online-harm-rules-2020/
A paper by Faisal Daudpota on the earlier version of the Rules and how they infringes on rights https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3597721
Discussion here https://bolobhi.org/episode-5-pakistans-censorship-regime-under-section-37-of-the-prevention-of-electronic-crimes-act-2016-and-the-citizens-protection-against-online-harm-rules-2020-reviewed-against-fundamental-ri/
Most of the issues raised with respect to the earlier version of the Rules persist in the notified and gazetted one.
Discussion here https://bolobhi.org/episode-5-pakistans-censorship-regime-under-section-37-of-the-prevention-of-electronic-crimes-act-2016-and-the-citizens-protection-against-online-harm-rules-2020-reviewed-against-fundamental-ri/
Most of the issues raised with respect to the earlier version of the Rules persist in the notified and gazetted one.
Discussion in May 2020 on Pakistan's Content Restriction Conundrum and the February version of the Rules with @SalAhmedPK and @ramshajahangir (in English) https://www.facebook.com/783885004976447/videos/550579418986863
Conversation with @M_Karanicolas in July 2020, on CP Rules 2020 to international precedents and best practices. Also discussed is Michael's paper on content moderation prescribing human rights standards. https://bolobhi.org/episode-2-citizens-protection-against-online-harm-rules-2020-content-moderation-by-platforms-and-the-executive-order-on-preventing-online-censorship/
We spoke to @AJCarrillo4 about data protection and data localisation, referencing also the data protection bill that was shared on the MOITT's website. https://bolobhi.org/episode-3-topic-collaboration-with-the-global-internet-freedom-project-at-george-washington-university-gw-law-school-data-protection-with-reference-to-the-personal-data-protection-bill-2020-pak/
A discussion by the @bolobhi team on the policy brief (Pakistan's Online Censorship Regime), tracing attempts to amass powers and excercise blocking functions since 2006 to date: https://bolobhi.org/episode-9-policy-brief-on-pakistans-internet-censorship-regime/
Conversation with @WahajSiraj1, @AnumMalkani and Nasir Ayyaz on PTA's banning spree in July, what this means for a "Digital" Pakistan and digital economy. The gazetted Rules only make it worse. https://www.facebook.com/BoloBhi/videos/2685942855052446
On the weaponisation of "fake news" by governments, we spoke to @pielemeier and @courtneyr in August 2020. We discussed how governments have pushed through legislation and regulation, how they violate human rights standards and curb expression. https://bolobhi.org/episode-12-weaponisation-of-fake-news/
We followed up with a discussion with @helomassaro on disinformation, to get a sense of political and legislative developments in Brazil. Our October 2020 discussion here: https://bolobhi.org/episode-17-disinformation-a-perspective-from-brazil/
Last month, we spoke to @MubarizSiddiqui about the ban on TikTok, various other applications, what it signals to the world, what it says about Pakistan as a market, how does it fit in with Digital Pakistan and vision of a digital economy? https://bolobhi.org/episode-18-ban-on-tiktok/
Yesterday's discussion on the social media rules 2.0 with Saroop Ijaz. We discuss how Rules go beyond the parent Act, appropriate legislative and judicial functions, infringe various fundamental rights (speech, information, privacy, natural justice). https://www.facebook.com/BoloBhi/videos/135192334649779
Earlier, for a regional perspective, we had spoken to @chinmayiarun on navigating legal instruments and platform policies. We discussed content moderation and intermediary liability protection (ILP) in India and Pakistan. ILP taken away by current Rules. https://bolobhi.org/episode-4-navigating-legal-instruments-and-platform-policies-while-protecting-user-rights-from-a-regional-perspective/
With @mhaiderimtiaz and @Tooba_Sd we spoke about the challenge PECA and powers under it, pose for dissidents. How it hinders activists from organising & mobilising, impact of overbroad powers under Sec 37, which led to the blocking of AWP's website in 2018 https://bolobhi.org/episode-6-discourse-in-online-spaces-and-the-laws-that-challenge-it/
