Pakistan government agrees to review new internet rules decried by critics

ISLAMABAD: The attorney general of Pakistan told the Islamabad High Court on Monday the government was ready to review new Internet rules approved last year and which critics have argued would give the government wide powers of censorship.
IHC Chief Justice Athar Minallah was hearing a petition filed by the Pakistan Federal Union of Journalists (PFUJ) and others against social media rules introduced by the government in November.
The attorney general informed the IHC that the government supported a review of the regulations and would invite all petitioners and relevant stakeholders for consultations.
Justice Minallah said the matter of enforcing social media rules involved Article-19 (Freedom of Speech) and Article-19A (Right to Information) of the constitution, which were “related to fundamental rights.”
“Court feels the government did not consult the stakeholders before promulgating the rules,” the judge was quoted by Pakistan’s Dawn newspaper as saying.
The attorney general assured the court that the petitioners would be consulted and the government was not looking to put a “complete restriction” on social media and did not believe closing any platforms was a “solution.”
He asked the court to give the government some time to review the rules in consultation with the Pakistan Telecom Authority (PTA) and other concerned stakeholders.
The chief justice advised the petitioners to express their concerns regarding the regulations in the meeting the attorney general would convene and to submit their contentions before him in writing.
“Let’s start this with a positive note,” he said.
The new rules were approved initially by Prime Minister Imran Khan’s cabinet last February but rolled out in November. 
They give the Pakistan Telecommunications Authority “removal and blocking” powers of digital content that “harms, intimidates or excites disaffection” toward the government or poses a threat to the “integrity, security and defense of Pakistan”.
A service provider or social media company could face a fine up to 500 million rupees ($3.14 million) for non-compliance, which would in turn trigger a mechanism preventing the uploading and live streaming, particularly related to “terrorism, hate speech, pornography, incitement to violence and detrimental to national security”.
A platform has to act within 24 hours or, in case of an emergency, six hours to remove content. The rules also empower the telecom authority to block an entire online system.
In November, industry body, the Asia Internet Coalition, wrote a letter to PM Khan and said the new social media rules would 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 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 the letter to PM 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 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.