Pakistan: The Draft Computer Crimes Law Endangers Freedom of Expression
March 25, 2014
Release of "The State of Proactive Disclosure of Information in Khyber Pakhtunkhwa and Punjab Public Bodies" Research Report
June 30, 2014
Respected Senators,
The recent uproar over the Pakistan Protection Ordinance 2014 has created quite a stir in the country’s digital media platforms, and rightly so. The Government of Pakistan has recently passed, what appears to be, the most draconian and regressive anti-terror law in the National Assembly. The Pakistan Protection Ordinance 2014 has already been signed by the President and will soon be presented – and most likely approved – by the Senate on April 20, 2014.
The proposed law clearly inhibits fundamental rights to freedom of speech, privacy and peaceful assembly on the Internet. In its current form, the law could be used to suppress peaceful political opposition and criticism of government policy online, on social media for instance. In its schedule of offences, the law also lists “crimes against computers including cyber crimes, internet offenses and other offenses related to information technology etc”. Also, instances where a person who commits any crime mentioned in the scheduled offenses becomes a cognizable and non bailable offense.
Any person accused within the sphere of scheduled offences will be liable to face a charge on grounds of reasonable evidence against him/her, and will be assumed to be engaged in waging a war or insurrection against Pakistan, unless he/she establishes his/her non-involvement in the offence, which reverses the burden of proof and undermines the right to due process and fair trial. The scheduled offence shall be punishable with imprisonment, which may extend to 10 years, with fine and confiscation of property.
The provision regarding internet crimes is so vague that it can be abused against journalists, politicians, minorities, students, activists, political dissidents and groups who are using the internet for activities which would not in any way be counted and ascertained as terrorism. From a due process perspective, there doesn’t seem to be a very strong case for introducing cyber crimes in the PPO 2014, when a separate Electronic Cyber Crime bill is already being drafted. So, what is the true intent of introducing an additional or supplementary provisions with regard to “Internet Crimes”?
The state of open access to internet in our country is dismal. In the 2013 Freedom on the Net report, Pakistan’s Internet freedom status in 2012-13 was ‘Not Free.’ The introduction to the report states: Successive military and civilian governments have adopted various measures to control the internet in Pakistan, which they frame as necessary for combating terrorism. In Freedom of Press, Pakistan ranks 159 among 179 countries. In the planned Ordinance, provision related to warrant less raids is in violation of Article 14 of our Constitution.
With the Electronic Cyber Crime bill, Pakistan has the momentous opportunity to set the benchmark in South Asia and the Global South in right to free speech online. This right necessitates freedom from persecution for all citizens who use digital communications platforms to express opinions, dissent, or critique against the state. As Benjamin Franklin said, “Whoever would overthrow the liberty of a nation must begin by subduing the freeness of speech.”
In an era where individuals, non-governmental organizations and international institutions rely on the multiplier effect of social media and digital news outlets to highlight issues of injustice and human rights violations, it doesn’t augur well for the country’s freedom of speech and human rights index to even consider this Ordinance.
Digital Rights foundation demands and calls on the senators to protect the rights to freedom of speech and privacy in accordance with Pakistan’s obligations under international conventions, remove the clause of cyber crimes from Pakistan Protection Ordinance 2014 and revise the law with the consultation of relevant stake holders.
Contact: nighat@digitalrightsfoundation.pk
– End –
Digital Rights Foundation is a research based advocacy organisation based in Pakistan focusing on ICTs to support human rights, democratic processes and better digital governance. DRF opposes any and all sorts of online censorship and violations of human rights both on ground and online. We firmly believe that freedom of speech and open access to online content is critically important for the development of socio-economy of the country. www.digitalrightsfoundation.pk
