PAKISTAN has over 126 million internet users, yet a significant portion of the population remains offline, while digital media has become the primary channel for political activities. In this context, Pakistan continues to grapple with issues related to digital infrastructure, education and consistent policymaking. The National Security Policy 2022-26 addresses the threats of hybrid warfare, including misinformation and cyber threats. The Prevention of Electronic Crimes Act (PECA) 2016 and the Rules for Removing and Blocking Illegal Online Content 2021, which regulate social media, aim to combat illegal online activities but have faced criticism for violating freedom of expression.
Through this column, I provide an overview of the current regulatory framework regarding social media laws. Recommendations emphasize strengthening regulatory bodies, promoting public awareness regarding digital literacy and balancing responsible social media use with the freedom of expression. The importance of ongoing dialogue among policymakers, stakeholders and the public is also highlighted, to adopt regulations that align with national security, individual rights and international practices. There is no doubt that in the digital age, social media has become a powerful tool for influencing opinions, disseminating information and connecting individuals globally. Due to the evolution of technology and information, hybrid warfare has gained significance. In addition to cyber warfare, there is a rapid application of misinformation, influence operations, lawlessness and other hybrid warfare tools.
In recent years, the Government of Pakistan has introduced various regulations to regulate social media use. The Prevention of Electronic Crimes Act (PECA) 2016 serves as the foundational law for investigating and prosecuting cyber crimes in Pakistan. This law criminalizes various online activities such as cyberstalking, cyber terrorism, unauthorized access, online fraud and hate speech. In 2021, rules for the removal and blocking of illegal online content, procedures and protective measures were introduced under PECA to address the issues of misinformation and illegal content on social media platforms. However, these laws have been found less effective in combating misinformation. Civil society and human rights organizations have criticized them as ambiguous, overly harsh and restrictive of freedom of expression.
Pakistan is not the first country to introduce such laws; many countries, including the United States, China, Russia, Saudi Arabia, Turkiye and India, have similar laws in place. The Communications Decency Act’s Section 230 was enacted in 1996 for the regulation of online content in the US. Additionally, the Social Media Privacy Protection and Consumer Rights Act 2021 established rules for social media platforms. China’s Great Firewall is a combination of technologies for regulating internet traffic. The Cybersecurity Law in China was enacted in 2017, which regulates online activities, including content control and data protection. Facebook and X (formerly Twitter) are blocked, while WeChat and Weibo are monitored. Russia’s Law 49-FZ defines the regulations for its online content. The Online Safety Act 2023 and the Communications Act 2003 are applicable in the United Kingdom.
In India, the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules were introduced in 2016. Similarly, Saudi Arabia has implemented a Cybercrime Law, which is part of its Press and Publications Law. Turkiye’s Law No. 5651 was enacted in 2007 and amended in 2020. Article 19 of the Constitution of Pakistan serves as the foundation for freedom and responsibility, regulating online expression and content. It guarantees press freedom under certain reasonable restrictions. A comprehensive legislative framework for social media regulation has been developed under PECA 2016 and the Social Media Rules 2021. Additionally, the proposed e-Safety and Data Protection Bills could fill other gaps.
PECA 2016 criminalizes various online crimes, including cyberbullying, harassment, hate speech, unauthorized access to information systems, incitement to violence and others. The Rules for Removing and Blocking Illegal Online Content under PECA were established in 2021. Identifying users involved in criminal activities and digital forensic analysis (DFA) are essential for effective cybercrime investigations and legal proceedings. Pakistan’s Cloud First Policy focuses on resource utilization, reducing costs related to communication technology (ICT) and enhancing coordination among institutions for ICT-related measures. The Computer Emergency Response Team (CERT) Rules were approved in July 2023, providing guidelines and procedures for IT security. The Personal Data Protection Bill 2023 aims to safeguard personal data and prevent the illegal use of information systems, while the e-Safety Bill 2023 focuses on preventing online harassment, cyberbullying and blackmail.
Limited resources, a lack of capacity and insufficient political will are impacting the PTA’s and FIA’s ability to enforce this legal framework. Additionally, for the implementation of a social media strategy, digital literacy among the population is essential, including safe internet use, recognizing misinformation and understanding online security and privacy. Joint efforts with educational institutions and community organizations are recommended to make digital literacy accessible nationwide, while raising awareness at national and local levels under local resources and public awareness campaigns is necessary. The importance of clear and consistent content guidelines to prevent the misuse of social media for hate speech and misinformation cannot be overstated. To combat the threats of hybrid warfare, Pakistan should invest in promoting constructive online communities and supporting organizations that develop counter-narratives.
Encouraging collaboration with social media platforms to enhance these narratives can help promote a safer and more responsible online environment, which includes moderation tools for effectively managing harmful content. Establishing direct connections with social media companies to set up local offices in Pakistan could facilitate compliance and align content with cultural sensitivities. It is essential for Pakistan to make the business environment more attractive by streamlining regulatory processes, ensuring a skilled workforce and providing reliable digital infrastructure. Improving the ease of doing business in Pakistan by addressing regulatory complexities, increasing digital infrastructure and promoting financial inclusion through digital payment solutions is crucial. These measures can help Pakistan engage more effectively in the global digital economy and attract foreign investment in the technology sector.
—The writer is Chairman, Tehrik Jawanan Pakistan.
(abdullahhamidgul1@gmail.com)
