Internet and the cyberspace transformed human interaction in a way that was unimaginable before. When the internet first came about, it was a free medium, where countries and exigencies of politics did not matter. With the introduction of this borderless, free medium came fresh new challenges for states that had sought to control information for ideological, political or religious reasons. Pakistan is no exception to this and as such has increasingly been confronted with situations where contradictory laws working at cross purposes has brought the Pakistani internet regime to a standstill. Indeed Pakistan’s internet regulator, the Pakistan Telecommunications Authority, is more invested in curbing internet access and infringing on privacy through odious “Listening In” provisions of its regulating statute, the Pakistan Telecommunications (Reorganization) Act, 1996, than actually facilitating the user in Pakistan.
Consequently – and very deliberately- Pakistan now is the only country in South Asia (including Afghanistan) without a 3G Network[1], despite the fact that Pakistan’s foray into GSM mobile communications was much quicker than others in the 1990s. Despite Supreme Court’s directions on the matter, precious little has been done in this regard. [2] So late indeed has been the process, that there is an increasing chorus which argues that Pakistan should logically go straight to the 4G LTE platforms.
All Internet Censorship and Surveillance in Pakistan is unconstitutional
By Yasser Latif Hamdani
At the same time there seems to be a fundamental disconnect between the reality at home and the many diplomatic positions that Pakistan has taken internationally.
For example speaking at the United Nations Human Rights Council the Pakistani representative stated:
“Article 12 of the Universal Declaration of Human Rights, and numerous international statutes and treaties forbid such systems of massive, pervasive surveillance. More importantly, the international community needs to take urgent action to protect individuals from such violation of their fundamental freedom. A transparent international system with adequate international framework of internet governance including appropriate safeguards is all the more important in such circumstances. The internet is too big, too international and too much of a household thing to be left operating by a few who have misused it without any international legislation and monitoring of these abuses.”Emphasis Added [3]
Yet without exception Pakistan’s internet regime has been one which undertakes massive surveillance as well as excessive internet censorship. The legal cover for massive surveillance is provided a. by listening in provisions in licenses of communications companies and by statutes such as the recent Investigation of Fair Trial Act 2012. On the other hand internet censorship in Pakistan happens – in the view of this writer- without a legal cover whatsoever. Article 19 of the Pakistani Constitution provides:
“Every citizen shall have the right to freedom of speech and expression, and there shall be freedom of the press, subject to any reasonable restrictions imposed by law in the interest of the glory of Islam or the integrity, security or defence of Pakistan or any part thereof, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, [commission of] or incitement to an offence.”
This has to be read with Article 19-A which reads:
“Every citizen shall have the right to have access to information in all matters of public importance subject to regulation and reasonable restrictions imposed by law.”
“The law does not refer to or allow for any prior restrictions on speech. What it does is criminalizes – indeed very seriously criminalizes with capital punishment- any act of blasphemy against the Holy Prophet Muhammad (PBUH)”