ISLAMABAD: New social media rules approved last month will prevent Pakistani citizens from accessing a free and open Internet and shut the country’s digital economy off from the rest of the world, the Asia Internet Coalition, an industry body, has said in a letter to the Pakistani prime minister.
Last month, Pakistan’s government approved new rules for regulating cyberspace that rights groups have said could be used to stifle dissent and free speech.
Under the new regulations, social media companies would be obliged to help law enforcement agencies access data and to remove online content deemed unlawful. Companies that do not comply with the rules risk being blocked online.
The Asia Internet Coalition was (AIC) set up in 2011 by Google, Facebook, Yahoo and eBay to lobby for free and open access to the Internet and to promote e-commerce. It has since expanded its membership.
In a letter by AIC to Prime Minister Imran Khan, dated December 5 and seen by Arab News, web giants said: “We seek your assistance to ensure that your government makes critical changes to the Rules through a credible consultation process.”
“We would request for a credible consultation process where AIC members can provide substantive suggestions. AIC is not against regulation of social media, but we believe that the Rules must address crucial issues such as internationally recognized rights to individual expression and privacy.”
The AIC added: “The Rules, as currently notified and gazetted, would make it extremely difficult for AIC Members to make their platforms and services available to Pakistani users and businesses.”
The AIC said that during bilateral meetings with AIC and its member companies, the Pakistan Telecommunications Authority (PTA) had committed to share a draft copy of the rules, but the rules were then updated by the Ministry of Information Technology and Telecommunication on its website without due process.
“Industry stakeholders have therefore lost trust in the consultation process, because it is neither credible nor transparent,” the AIC letter said.
The new rules on social media are described as intended to prevent live streaming of online content relating to “terrorism, extremism, hate speech, defamation, fake news, incitement to violence and national security.”
Social media companies would be obliged within 24 hours to respond to a request to remove “unlawful” material, or six hours in emergency cases. They would also have three months to register with authorities in Pakistan, and must have a physical presence in Pakistan.
When required, the companies would have to provide subscriber information, traffic data, content data and any other information or data that was sought, the regulations stipulate.
The rules also state that interpretations of the regulations by the authorities in Pakistan “shall take precedence over any community standards or rules or community guidelines or policies or any other instruments devised by a social media company.”
In its letter, the AIC said data localization requirements in the rules would prevent Pakistani citizens from accessing a free and open Internet and shut Pakistan’s digital economy off from the rest of the world. It also said the new regulations had expanded PTA’s powers such that the regulator could force social media companies to violate established human rights norms on privacy and freedom of expression.
In terms of takedown requests, social media companies said they needed a reasonable period of time to assess a request once all the required information has been provided by the requesting individual.
“We propose that requests should be responded to within a reasonable timeframe, or without undue delay,” AIC said.
The body also said instead of forcing companies to open local offices, Pakistan should “encourage and facilitate foreign investment through incentives, creating an enabling environment and growing the base of Internet-connected consumers.”
AIC said the effectiveness with which social media companies moderated online content did not depend on having local presence but on having well-established processes and product-specific policies, clear local laws to guide the process, and properly informed and valid requests for takedowns.
“Mr. Prime Minister, we know that you share our vision of a dynamic digital economic ecosystem for Pakistan, where platforms such as those of our members continue to drive substantial economic growth,” the AIC said. “We now need your full and direct support in ensuring that Pakistan does not go down a highly counter-productive path that could derail the efforts that your government and the ICT industry have painstakingly invested in for many years.”