DRF Condemns Citizen’s Protection (Against Online Harm) Rules 2020 as an Affront on Online Freedoms
February 13, 2020NO CONSULTATION WITHOUT WITHDRAWAL OF CABINET APPROVAL OF ONLINE PROTECTION (AGAINST ONLINE HARM) RULES 2020
March 1, 2020The ‘Citizens Protection (Against Online Harm) Rules, 2020’ have been notified under sections of the Pakistan Telecommunication (Re-organisation) Act, 1996 and the Prevention of Electronic Crimes Act (PECA) 2016 (hereinafter collectively referred to as the ‘Parent Acts’). Under these Rules, the Pakistan Telecommunication Authority is the designated Authority. This legal analysis will highlight the jurisdictional and substantive issues with the Regulations in light of constitutional principles and precedent as well as larger policy questions.
Summary of the Legal Analysis
Given that the Rules exceed the scope of the Parent Acts and substantively violate the fundamental/Constitutional rights, particularly Article 14 and 19, they are inconsistent and in derogation with the Constitution as well as the Parent Acts and should be immediately denotified.
