The Senate Standing Committee on Delegated Legislation on Friday observed that the Citizens Protection (Against Online Harm) Rules, 2020, had flaws and were in contradiction with the Constitution of Pakistan as well as the Cyber Crimes Act.
The committee met with Kauda Babar in the chair here on Friday where Citizens Protection (Against Online Harm) Rules, 2020, framed by the Ministry of Information Technology and Telecommunication (MoITT) were reviewed. Secretary Law and Justice and joint secretary MoITT briefed the committee on the details of the rules.
The committee was informed that the Pakistan Telecommunication Authority (PTA) had made the rules with detailed consultations with the relevant stakeholders. The committee chairman, Babar, said the rules framed by the ministry had some flaws.
The rules also give the powers that cross the Act as well as were in contradiction with the Constitution and need to be reviewed. He recommended that such rules needed to be framed, which were in the best interest and were useful for the public.
In the presence of one authority, another authority is being created as described in the rules, observed the committee chairman. Senator Rubina Khalid said the IT Ministry was repeatedly asked to take the Senate Standing Committee on Information Technology and Telecommunication into confidence during the rules formation, and should be shared with it.
However, she said the MoITT bypassed the parliamentary committee and sent the rules to the Cabinet. Khalid further said the legislation was made in 2016 but the rules could not be framed for four years, despite the repeated reminders of the IT committee.
However, when the MoITT framed the rules, they were sent to the cabinet without consulting the committee, she added. Senator Mian Raza Rabbani said if a national institution was to be created it should be created as per the law under the Act.
Regarding the rules, the High Court and the Supreme Court have also given decisions, saying that rules should be made in the context of the Act, said Rabbani, adding it would be better to constitute a sub-committee to review the Act and the rules.
Babar said that a report would be prepared in the coming meeting of the committee, which would be reviewed in conjunction with the Ministry of Law and IT. The meeting of the committee was attended by senators Dr Ashok Kumar, Kulsoom Parveen, Mian Raza Rabbani, Prof Sajid Mir, and Rubina Khalid, besides secretary Ministry of Law and joint secretary Information Technology.
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