Government Plans Major Changes to Cybercrime Law for Greater Control Over Social Media
The Pakistani government has announced significant amendments to the Prevention of Electronic Crimes Act (PECA) 2016 aimed at tightening its grip on social media platforms and combating the spread of misinformation. A new authority, the Digital Rights Protection Authority (DRPA), is set to be established with extensive powers to block online content, restrict access to social media, and prosecute individuals for disseminating "fake news."
Proposed Changes Under PECA Amendment 2024
A draft of the Prevention of Electronic Crimes (Amendment) Act 2024, reviewed by media outlets, includes the creation of the Digital Rights Protection Authority (DRPA). This authority will handle tasks such as:
- Content Regulation: Removing illegal or obscene online content.
- Prosecution Power: Initiating legal action against individuals sharing banned material.
- Platform Accountability: Holding social media companies responsible for hosting prohibited content.
Prime Minister’s Advisor Confirms Amendments
Barrister Aqeel Malik, an advisor to the Prime Minister, confirmed that the amendments are designed to counter misinformation and negative propaganda online.
One of the most notable changes is the expanded definition of "social media platforms." The new definition includes tools and software used to access social media, encompassing websites, apps, and communication channels that enable users to post and share content.
This broadened scope may also allow the government to block or restrict the use of Virtual Private Networks (VPNs), which are often used to bypass access restrictions on blocked platforms.
Tackling VPNs and Proxy Tools
Previously, the government faced legal hurdles in regulating VPNs. Legal experts argued that VPNs, as tools for accessing content rather than content providers themselves, could not be blocked under existing laws. However, the proposed amendments seek to close this loophole by explicitly including such tools under the definition of platforms subject to regulation.
Formation of the Digital Rights Protection Authority (DRPA)
The newly proposed DRPA will take over the powers currently held by the Pakistan Telecommunication Authority (PTA) under PECA. This authority will focus on:
- Promoting digital ethics and education.
- Ensuring the online safety of users.
- Facilitating compliance from social media platforms, including the establishment of local offices or representatives in Pakistan.
The DRPA will also investigate complaints, regulate content, and order the blocking or removal of unlawful material.
Composition of the DRPA
The DRPA will be comprised of a chairperson and six members, including three government officials. The federal government will appoint the chairperson and members for a term of three years. Key members will include secretaries from the Ministry of Information and Technology and the PTA chairman.
All decisions by the DRPA will require majority consent, but the chairperson will have the authority to block illegal content in urgent matters, subject to approval within 48 hours.
Expanded Definition of Illegal Content
The proposed amendments expand the list of illegal online material significantly. Under the revised definition, prohibited content will include:
- Anti-Islamic content.
- Material threatening Pakistan’s security or public order.
- Indecent, immoral, or obscene content.
- Content inciting contempt of court or promoting crimes under PECA.
- Content encouraging violence, terrorism, or sectarian hatred.
- Copyright violations, defamatory material, and blackmailing.
The expanded scope also targets false news, malicious allegations against constitutional institutions, including the judiciary and armed forces, and incitement to illegal activities.
Stakeholder Consultations and Challenges
While a draft was prepared earlier this year, consultations with stakeholders such as media houses, journalists, and political parties remain unclear. However, the government aims to ensure that these changes balance national security concerns with freedom of expression.
Implications for Social Media Platforms
Social media companies will be required to comply with DRPA directives, including registering with the authority and removing illegal content within a specified timeframe. Non-compliance may lead to further restrictions or penalties.
Conclusion
The proposed amendments to PECA 2016 represent a significant shift in how Pakistan regulates digital spaces. While the government aims to curb misinformation and protect users from harmful content, critics may question the implications for freedom of expression and privacy. As the legislative process unfolds, the balance between regulation and rights will remain a critical point of discussion.
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