Need for Digital Rights Protection/Social Media Regulation in Pakistan

In Pakistan, the alarming increase in data breaches in both public and private sectors is a matter of grave concern. To address these violations, Pakistan is seeking to establish a Digital Rights Authority with a mandate to oversee social media platforms in Pakistan. To this end, the government has already initiated a consultation process with all interested parties. The main idea of ​​establishing the Office for the Protection of Digital Rights is to advise the government on issues related to the digital rights of entities in a globally digitally connected world, promote responsible use of the Internet and ensure compliance with regulations. It will also provide the capacity to investigate any breaches of social media laws.

It is therefore proposed that the Authority should benefit from the major contributions of all media houses in Pakistan to foster a positive digital ecosystem and regulate content on social media platforms. The Government of Pakistan has so far constituted a cabinet committee to consult media houses and other relevant stakeholders on the establishment of a permanent body.

Similarly, the proposed amendment to the Prevention of Electronic Crimes Act (PECA), 2024, relating to the Office of Digital Rights Protection is also subject to pressure at government level, which will be presented to the Council soon. This is even more concerning when it comes to data protection in Pakistan. The problem lies not only in technological shortcomings, but also in the lack of comprehensive data protection regulations. Recently, a JIT report was submitted, which stated that sensitive personal data of as many as 2.7 million citizens were leaked from the National Database and Registration Authority (NADRA) between 2019 and 2023.

When it comes to the social media landscape in Pakistan, the situation is rather uncertain. Social media platform X has been blocked in Pakistan for over three months. And in the first half of 2018, Pakistan submitted more content restriction requests to Facebook than any other country in the world. When it comes to online crime, legal resources are limited and the laws are unclear. The country’s Electronic Crimes Act, passed in 2016, gives the PTA blanket powers to “remove”, “block” or “issue blocking directions” that it deems to be “against the glory of Islam, against the integrity, security and defense of Pakistan, public order, an insult to judgment, decency and morality, and incitement to any office.”

Although the Prevention of Electronic Crimes Act, 2016 covers electronic crimes, including unauthorized access to personal data, it still does not provide the robust legal framework needed to protect citizens’ sensitive information, and Pakistan is in a rather precarious situation when it comes to regulations regarding digital protection. Pakistan currently clearly lacks comprehensive data protection laws. This gap in the legislative structure makes personal data extremely vulnerable and leaves no room for penalties for such breaches.

The world is becoming digital and in this rapidly changing world, social media is now a permanent part of our lives where people share information every second. Smart use of social media ensures broader reach and brand awareness for small business owners. However, the landscape of social media regulation in Pakistan is evolving. While many bills have been drafted and debated in the past, there is no real commitment to implementing them. It is high time that the Government of Pakistan focuses on protecting the privacy of its citizens and ensuring the security of their data. It is high time for Pakistan to introduce regulatory measures to protect against such loopholes in digital protection laws, forcing the country’s policymakers to act. Because shirking this responsibility would challenge individual freedom of privacy and hamper the nation’s development in both economic and security terms.