“It is troubling to see that Pakistan is considering adopting this law without having addressed many major concerns,” said Toby Mendel, Executive Director of CLD. “With its Internet community still developing, it is vitally important for Pakistan to craft legislation in this area which adequately respects human rights.”

There have been some positive changes, but these do not go nearly far enough. The rule that made it a criminal offence to create or supply any device that could be used for cybercrime now only applies to devices which are used primarily for committing offences. However, many types of legitimate software would still be covered since modifying user data to create an inauthentic result remains a criminal offence. This could criminalise programmes designed to facilitate online privacy, such as Tor, which functions by altering a user’s identifying information. The draft also makes it an offence to use a website or information system in ways which have not been authorised, effectively turning anyone who violates a website or programme’s terms of service, which are often very unclear, into a criminal. The draft also creates a new offence of harming the reputation of a woman online, essentially a criminal defamation provision.

These problems are compounded by the draft’s data retention requirement, mandating that electronic communication service providers store user data for 90 days. Parallel schemes have been found to be unconstitutional in several jurisdictions, most notably by the European Court of Justice, which held that European Union’s Data Retention Directive was incompatible with the privacy and data protection provisions of the Charter of Fundamental Rights of the European Union in April 2014.

The new draft is currently before a four-member committee of parliamentarians, who have been charged with reviewing and finalising its language. We urge the parliamentary committee to ensure that the provisions of this law are brought into line with international human rights standards before it is passed.

Centre For Law and Democracy

ISLAMABAD: The National Assembly’s standing committee on information has proposed a set of restrictions on mainstream media as well as social media in the wake of the Peshawar school tragedy.

The recommendations were submitted in a report titled “Proposals to strengthen media’s role in combating terrorism”. It is perhaps the first time that any NA panel has proposed measures aimed at regulating social media.

Citing several sections and provisions of existing laws including the Anti-Terrorism Act, the committee recommended that individual journalists be slapped with a penalty in case of any violation. It also called for an “amicable settlement of issues” between the government and media stakeholders —with the panel acting as a bridge.

Recently, Interior Minister Chaudhry Nisar Ali Khan, ruled out the possibility of journalists, politicians and common citizens being tried in military courts. The minister also said that military courts cannot pursue a case without prior approval of the federal government.

But a legal expert pointed out that the recommendations of the parliamentary panel could be problematic for journalists. He said currently there is no constitutional or legal guarantee if a journalist is booked under anti-terrorism laws and then his case would not be referred to military courts. “All assurances by state functionaries are verbal,” he said. According to him, the law discourages discriminatory conduct but this report proposed a “discriminatory recommendation” for penalising a working journalist in case of violation.

The standing committee on information, broadcasting and national heritage held two meetings on 24 December and 30 December 2014, respectively, on an emergency review of media laws, ethical and professional issues with reference to terrorism.

The panel proposed that the government ensure the passage of pending legislation on cyber crime to counter the terrorists’ narrative on social media to avoid Arab spring like situation. The report also referred to websites from where terrorists are disseminating their messages and ensure new membership for their terror network, saying that verification of users is necessary to find the real culprits behind fake Facebook accounts and Google IDs.

The report suggested refresher courses for media persons. It also recommended that services of doctors and psychologists should also be acquired to haul the nation out of depression, stress and trauma.
The committee recommended that a consultative body between government and all representative media meet more often during the so called war time period to discuss issues which required clarity on the counterterrorism narrative.

The committee proposed strict adherence to existing media laws, as well as a refresher course of the same for all media organization staff and politicians. The committee proposed the need for an overall mindset change and capacity building at media houses for implementing laws crucial for ending terrorism.

Citing international best practices, the report also incorporated BBC Editorial Guidelines as potential guidelines and suggested a similar process for Pakistani media. “If the oldest democracy of the world can impose certain restrictions then why not we?” asked MNA Marvi Memon. The report suggested that media should also be assigned to counter Indian narratives regarding border violation.

Mechanism for Social media

The report says social media is fast becoming mainstream because it carries mainstream media content, generates its own content, and has a decisive edge over mainstream media in terms of outreach and speed. Social media has little transparency, identity clarity and controls.

This new media causes durable information flows that define long-term public perceptions of right and wrong, good and bad. There are no rules for opinion, expression. There is no check on fake sites. Anyone can say anything (true or false) and get away with the impact on the populace or individuals.

Express Tribune

Authorities responsible for curbing cyber crime appear helpless in shutting down such accounts, tracking down the location they are operated from or taking action as per the relevant laws. Owing to inaction and weak government policies, the lists continue to grow in number and size whereas the sense of security and confidence amongst journalists keeps diminishing at a steady rate. They think, perhaps they will not be as unlucky as Mr Raza Rumi to be fired at in a busy market in Lahore, but they also don’t believe they would be as lucky as him and escape unhurt if such an incident does occur. This is not an environment which can be deemed conducive to free discourse and debate, which is critical when confronting entities aggressively seeking hegemony.

Certain journalists are paying the price for saying and writing things which the people wish their leaders would find the courage to stand for. The significance of the voice of the journalistic community can be ascertained from the desperation of those who wish to silence it. It is easy to observe that while many journalists still remain unfazed, or pretend to be, and speak their mind, others are more vocal than ever before in support of those who wish to kill their co-workers. In order to really comprehend the drastic implications this campaign of fear and violence can have, all one needs to do is imagine a scenario where the media is quiet; mute on terrorism and terrorists, human rights and those who violate them, religion and those who claim its ownership and all else that is relevant. When the airwaves go silent, the streets will follow.

The Nation