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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.
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]
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.
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]
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]
21 "Press Release: DRF and NetBlocks find blanket and nation-wide ban on social media in Pakistan and demand it to be lifted immediately", Digital Rights Foundation, November 26 2017, -release-drf-and-netblocks-find-blanket-and-nation-wide-ban-on-social-media-in-pakistan-and-demand-it-to-be-lifted-immediately/.
34 "Mobile service suspension: A cause of panic and massive socio-economic loss". Dawn, October 23, 2015 ; Institute for Human Rights and Business, "Security v Access: The Impact of Mobile Network Shutdowns, Case Study Telenor Pakistan," September 2015, -v-access-the-impact-of-mobile-network-shutdowns-case-study-telenor-pakistan/
139 Sohail Abid, "Massive Leak Opens New Investigation of FinFisher Surveillance Tools in Pakistan," Digital Rights Foundation, via Global Voices Advocacy, August 22, 2014, -leak-opens-new-investigation-of-finfisher-surveillance-tools-in-pakistan/.
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]
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).
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).
13 "Mobile service suspension: A cause of panic and massive socio-economic loss". Dawn , October 23, 2015 ; Institute for Human Rights and Business, "Security v Access: The Impact of Mobile Network Shutdowns, Case Study Telenor Pakistan," September 2015, -v-access-the-impact-of-mobile-network-shutdowns-case-study-telenor-pakistan/.
93 Sohail Abid, "Massive Leak Opens New Investigation of FinFisher Surveillance Tools in Pakistan," Digital Rights Foundation, via Global Voices Advocacy, August 22, 2014, -leak-opens-new-investigation-of-finfisher-surveillance-tools-in-pakistan/.
Southeast Asia Digital Library. Administered by Northern Illinois University Libraries, the project is supported by the U.S. Department of Education's Technological Innovation and Cooperation for Foreign Information Access (TICFIA) to provide free access to archives of textual, still image, sound, and video resources. Currently the following are available:
Constitutional guarantees of religious freedom have not provided effective safeguards against discriminatory legislation, social prejudice, and sectarian violence. Members of the Shia sect, Christians, and other religious minorities remain at risk of blasphemy accusations that can arise from trivial disputes and escalate to criminal prosecution and mob violence. Blasphemy laws and their exploitation by religious vigilantes have also curtailed freedom of expression by Muslims.
In recent years, scholars have been somewhat more able to discuss sensitive issues involving the military. However, there is no academic freedom on matters pertaining to religion, where academics remain vulnerable to blasphemy accusations.
On this month's show we rewind the clock to June 4th, 1989. It was on this day that the media reported on two monumental events - the Tiananmen Square massacre in China and Poland's first free elections. The latter signalled the start of the end of Communism in central and Eastern Europe.
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