X (read: Twitter), was blocked in Pakistan a little over two months ago on February 17th, 2024. It took more than a month and many petitions in high courts across the country for the Pakistan Telecommunication Authority (PTA) to come clean and finally admit, after first denying, that the PTA did indeed block X on the directions of the Interior Ministry. The Telecommunication Authority presented a document in the Sindh High Court with an enclosed letter from the Interior Ministry signed by a Section Officer of the Federal Investigation Agency, dated Feb 17 asking for X to be blocked; but the serial number on the same letter, which also includes the date had a different story to tell. This was a letter from October 25, 2023, leaving most like myself confused about where the directions to block X came from.
Whatever the case may have been and whatever I will pen throughout this article, the fact remains that it is unacceptable that an entire social media platform with importance in the democratic political discourse, a platform that gives ordinary citizens a voice and the ability to have a public opinion while accessing information, was blocked right after the national elections that came with questionable credibility. The blocking, without any transparency, with no inclusion of the law, no prior public notice, and no logical justification: basically zero due diligence makes a mockery of all state institutions concerned in a country that functions on taxpayers’ money. The government in place should not and must not take this lightly, and should see this as an assault on its already shaky credibility.
The case of blocking X started on Feb 17th. In the second week of March, Information Minister Attaullah Tarar on being asked said X is working in Pakistan and “people are tweeting”. He further also stated that he has not sent any notification banning it. A few days later the minister then finally admit that X was banned but reiterated that there was no notification on blocking it. The same day a report circulated in the media where PTA spokesperson Malahat Obaid stated that PTA could not say anything on the matter. He further stated that instructions are from the government but did not clearly state if it was the Interior Ministry or not. To add to the confusion, a day later the PTA Chairman stated the closure of any social media forum is “always” directed by the Interior Ministry.
The X conundrum continues with each passing day adding to the confusion. To make matters simpler and taking inspiration from the work of Usama Khilji, it seems rather important to reiterate the laws and court orders that pertain to the jurisdiction of PTA. First and foremost is Section 37 of the Prevention of Electronic Crimes Act (PECA), 2016, which clearly states that the authority to block or remove online content lies with the PTA. Second, the Removal and Blocking of Unlawful Online Content Rules, 2021, were deemed unconstitutional by the Islamabad High Court in 2022. Third and equally important, even if the rules and section 37 were read and upheld, as they currently exist, unrevised, they stipulate that the PTA follow due process by sending a notice to the platform or website where content is deemed “objectionable”, offer a time period for a reply from the platform or website, and provide the option of apparel. In simple, the law does not allow the PTA to be a judge, jury, and executioner, nor does it make it binding for it to follow instructions from the federal government.
There has been no indication that the PTA – that made the questionable decision of blocking the entire platform without affording any transparency until a month later (after several hearings in courts) – sent even a notice to X, as it is bound by the law to do regarding specific content. The Islamabad high court in a 2019 judgment adjudicated that the blocking of websites without notice or opportunity of hearing was a “flagrant violation of fundamental rights”
Whatever may have happened, there must be consequences for the Interior Ministry and the PTA for hiding the truth from citizens, for misleading the public and then going back on their word to admit and showing a dubious, backdated notice a month later, conceding that the directions from the Interior Ministry were acted upon on Feb 17, 2024. Why did it take a month of public and private resources being used in court cases for this notice to be made public? Answers and unblocking we await…
—The writer is Assistant Editor, daily Pakistan Observer, Islamabad.
Email: abdullahgauhar7@live.com
