ISLAMABAD: The federal government under Pakistan Telecommunication (Re-Organization) Act, 1996, may issue any policy directive on any matter related to the telecommunication sector and such directives are binding on the Pakistan Telecommunication Authority (PTA).
This was revealed in an independent research as well as discussion with officials in the backdrop of confusion created related to legal power to shutdown internet services in the country.
The government during the last several meetings communicated the Senate as well as National Assembly Standing Committees on Information Technology and Telecommunication regarding blocking internet services in few parts of the country, in the light of prevailing legal mandate of the government.
Blocking Internet services: Senate panel not satisfied with govt response
The Senate standing committee while going through the PECA Act noted that there was no such specific provision in the Act to block internet services in the country, which was also discussed with representatives of the Ministry of Information Technology and Telecommunication as well as the PTA.
Member Legal presented Rules under PECA Act, where the committee observed that these rules were framed in violation and out of scope and were not in consonance with the Act.
Business Recorder approached different government officials to find the legal coverage for blocking internet services in the country. They quoted Section 8 of the Pakistan Telecommunication (Re-Organization) Act, 1996 provides ‘Powers of the Federal Government to issue policy directives’, noted that the federal government may, as and when it considers necessary, issue policy directives to the Authority (PTA), not inconsistent with the provisions of the Act, on the matters relating to telecommunication policy referred to in sub-section (2), and the Authority shall comply with such directives.
The matters on which the Federal Government may issue policy directives shall be—(a) the number and term of the licenses to be granted in respect of telecommunication systems which are public switched networks, telecommunication services over public switched networks and international telecommunication services, and the conditions on which those Licenses should be granted; (aa) framework for telecommunication sector development and scarce resources; and the nationality, residence and qualifications of persons to whom licenses for public switched networks may be issued or transferred or the persons by whom licensees may be controlled; and (c) requirements of national security and of relationships between Pakistan and the Government of any other country or territory outside Pakistan and other States or territories outside Pakistan. (2A) states; notwithstanding anything contained in sub-section (2), the Cabinet, or any committee authorised by the Cabinet, may issue any policy directive on any matter related to telecommunication sector and such directives shall be binding on the Authority. Hence, as such, any occurrence of shutdown of internet in wake of directions being implemented by PTA in relation to shutting down of telecom system may be read in relation to the relevant powers of the federal government.
Copyright Business Recorder, 2025
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