Pakistan's parliament passes bill with sweeping controls on social media

Tariq Butt, Correspondent / Associated Press

Pakistan’s lower house of parliament on Thursday passed a controversial bill that will give the government sweeping controls on social media, including sending users to prison for spreading disinformation.

The National Assembly (NA) passed an amendment to The Prevention of Electronic Crimes Act (Peca) amid the opposition’s walkout, proposing three-year jail for spreading disinformation, dissolving the Cybercrime Wing of the Federal Investigation Agency (FIA) and setting up of a new probe agency, and a new authority with vast powers, which include partial or full blocking of social media platforms.

Journalists also staged a walkout from the press gallery in protest against the bill which was presented by Minister for Industries and Production Rana Tanveer Hussain.

Critics say the government is seeking to further suppress freedom of speech.

The bill, which will have to be passed by the Senate before its presidential asset, proposed a new provision, Section 26(A), to Peca, so as to penalise perpetrators of "fake news” online, that said: "Whoever intentionally disseminates, publicly exhibits, or transmits any information through any information system, that he knows or has reason to believe to be false or fake and likely to cause or create a sense of fear, panic or disorder or unrest in general public or society shall be punished with imprisonment which may extend upto three years or with fine which may extend to Rs2 million or with both.”

It also proposed the establishment of the Social Media Protection and Regulatory Authority which would perform a range of functions related to social media such as education, awareness, training, regulation, enlistment, blocking and more.

The bill said that anyone "aggrieved by fake and false information” would be able to approach the authority to remove or block access to the content in question, adding that the authority would issue orders no later than 24 hours on the request.

The amendment proposed that the authority might require any social media platform to enlist with it in any manner, form and on payment of such fee as may be prescribed.

It added that apart from the requirements of the act, additional conditions or requisites as deemed appropriate might also be stipulated while enlisting a social media platform.

The bill outlined that the authority would have the power to issue directions to a social media platform for removal or blocking of online content if it was against the ideology of Pakistan, etc.; incited the public to violate the law, take the law in own hands, with a view to coerce, intimidate or terrorise public, individuals, groups, communities, government officials and institutions; incited the public or section of the public to cause damage to governmental or private property; coerced or intimidated the public or section of the public and thereby prevented them from carrying on their lawful trade and disrupted civic life; incited hatred and contempt on religious, sectarian or ethnic basis to stir up violence or cause internal disturbance; contained anything obscene or pornographic in contravention of any applicable law; was known to be fake or false or there existed sufficient reasons to believe that the same may be fake or false beyond a reasonable doubt; contained aspersions against any person, including members of judiciary, armed forces, parliament or a provincial assembly; or promoted and encouraged terrorism and other forms of violence against the state or its institutions.

The bill also proposed that any part of parliamentary proceeedings or those of the provincial assemblies that was ordered expunged would not be streamed or made available for viewing on social media platforms in any manner with every effort made to release a fair account of the proceedings.

"The statements of proscribed organisations or their representatives or members thereof shall not be streamed or made available for viewing on social media platforms in any manner,” the amendment proposed.

It said social media platforms would maintain an effective and transparent procedure for handling complaints about unlawful or offensive online content, adding that they would also supply users with an easily recognisable, directly accessible and permanently available procedure for submitting complaints about unlawful or offensive online content.

The bill additionally proposed the constitution of a Social Media Complaint Council to receive and process complaints made by aggrievd parties against violation of any provision of the cybercrime law.

The bill was quickly passed after lawmakers from the opposition party of imprisoned former Prime Minister Imran Khan staged a walkout to denounce the law.

Unions of journalists and news editors rejected the bill on Thursday.

The leader of the opposition denounced the proposed legislation, saying it was aimed at further suppressing freedom of speech.

Omar Ayub Khan, who is not related to the imprisoned former premier, said the bill could "lay a foundation for the suppression of voices advocating for constitutional rights.”

Pakistani media has faced growing censorship in recent years. Journalists have said they face state pressure to avoid using Imran Khan's name, and most TV stations have begun referring to him only as the "founder of the PTI" party.

Human rights defenders and journalists' unions have vowed to oppose the law, but with the government holding a majority, its passage is all but assured.

Afzal Butt, president of the Federal Union of Journalists, said the law was an attempt to suppress the media, social media and journalists.

The government says the law is necessary to limit the spread of disinformation.