KARACHI: As the National Assembly gears up to debate the controversial Prevention of Electronic Crimes Bill (PEC 2015), a UN Special Rapporteur on freedom of expression has urged legislators to ensure that the bill contains clear language and does not encroach on free speech.

“My real concern is if this legislation were to become law, its enforcement could lead to situations which would be inconsistent with Article 19 of the International Covenant on Civil and Political Rights (ICCPR),” Special Rapporteur David Kaye told The Express Tribune as he expressed the hope of hosting a dialogue with the government on the bill.

Kaye had on Monday shared with the Pakistan government his concerns over different sections of the draft cybercrime bill within the context of the ICCPR which Pakistan had ratified in 2010. One of the key areas of concerns for him was the broad language used in the bill.

“When the law is vague or open ended, you open up the possibility to problems (in enforcement),” he said, adding that rigorous enforcement by the government of such a law could interfere with freedom of expression and lead to censorship, self or otherwise.

As an example, he pointed to sections three, four and 10 of the bill which criminalise unauthorised intentional copying and transmission of ‘any data’.

“Wording of sections three, four and 10, in particular, is very broad and, potentially, would effectively criminalise accessing, copying and transmitting of any information system or data,” he said in his statement.

“The core problem is that it is not clearly defined (in the law) what is being regulated.”

Another area of concern for Kaye was the disproportionate punishments listed for various offences, with some of them “quite harsh.”

“If you are going to penalise people, they should not be disproportionate with the crime committed,” he said, adding that the bill also needs to ensure there are processes for those incriminated are tried under a fair and transparent process with adequate defence.

Express Tribune

On 17 September, 2015 Pakistan Standing Committee of National Assembly on Information Technology second time hurriedly cleared the draft of the controversial “Prevention of Electronic Crimes Bill 2015” and sent it to the National Assembly for final approval despite widespread criticism by freedom of expression and civic liberties groups.

According to the draft bill, it is considered a crime to take a picture in a public place, capturing someone in the background without their consent. Children above 12 and fewer than 18 years can also be booked for such crimes even if they did it unintentionally or accidentally.

Opposition political parties and NGOs believe the proposed bill was too harsh and curbed human rights besides giving wide powers to law enforcement agencies. Representatives from the industry argued that the bill would harm their businesses.

Under the draft bill sending text messages without the permission of the receiver fall in criminalized activity or commenting against government on social media would be punishable with fines or imprisonment. The bill gives the Pakistan Telecommunication Authority (PTA) the powers to block objectionable content and websites.

Member of National Assembly, Shazia Marri argued to change some clauses as draft bill that seemed to curb freedom of speech. Marri maintained that access to information was a fundamental right and its responsibility rested with the state. `Giving powers to an authority to block access to information is not just” she said.

Pakistan Press Foundation