Digital Rights Foundation Submits Universal Periodic Review 2017 Report for Pakistan

Digital Rights Foundation made a submission for the Universal Periodic Review (UPR) for Pakistan 2017 on the topic of “Gender Rights in Pakistan: Online violence, Free Speech and Access to Information”. The aim of this submission was to advocate for the digital-specific rights for the citizens of Pakistan. The report incorporated the issues of gendered digital violence, digital rights, freedom of expression (FOE), privacy, violence against women and surveillance.

The report highlighted the issues of digital rights and violence with regards to women and sexual minorities, including the right to speech in online spaces, right to privacy, freedom from digital surveillance, electronic violence against women (eVAW), and access to digital technologies and spaces. The submission refers to the UN Human Rights Council’s resolution that “the same rights that people have offline must also be protected online, in particular Freedom of Expression, which is applicable regardless of frontiers and through any media of one’s choice”.

The report addresses the need to apply a gendered perspective to digital rights, and recommendations need to be injected into the UPR process that specifically address eVAW and the digital gender divide. It outlines the major incidents and advancements around access to digital technology, including the lowest internet usage density in Pakistan, the suspension of telecom and internet services, and the gender gap in usage and ownership of mobile phones in Pakistan. It also highlights that women, especially women journalists, women human rights defenders and activists, experience internet different from men. They are denied access to spaces due to gender disparity, stereotypical and cultural expectations on how women should behave online, cyber harassment, sexualised threats and violence stemming from online activities-impeding women’s right to free speech online, political participation, information and association.

The submission report states that since the last UPR submission process, Pakistan’s situation of free speech has declined both online and offline due to a concerted effort on part of the GOP to regulate online spaces. With the passage of Prevention of Electronic Crimes Act 2016 (PECA), the government has been granted sweeping powers on the online content. Whereas, the Pakistan Electronic Media Regulatory Authority (PEMRA) Ordinance 2002 allows PEMRA to regulate speech and programming on electronic media. It also mentions the patterns of censorship by the Government of Pakistan on multiple occasions without prior notices and further explanations.

Lastly, the report puts forward the recommendations to ensure the gender based digital rights in Pakistan. These recommendations include campaigns specifically for women to increase digital literacy in rural areas, ensuring affordable and unhindered access to the internet and electronic devices, providing cheaper and subsidized internet access to women along with special discounts to promote the ownership of internet connections among women, amending or repealing legislation that violates Pakistan’s international obligations regarding freedom of expression, setting up dedicated departments for online violence against women in FIA’s Cyber Crime Wing (Nr3C) and other law enforcing agencies (LEAs) with increased female staff and properly gender-sensitized officers, legislating data protection law in line with international human rights principles, and awareness campaigns around online harassment, digital security, and the mechanisms in place to address it.