Pakistan’s new social media rules would ‘severely cripple’ digital economy, warns AIC

• The rules as currently written would make it extremely difficult for AIC Members to make their services available to Pakistani users and businesses.
• The rules are vague and arbitrary in nature, which is a result of the absence of public consultation, says AIC

The Asia Internet Coalition (AIC), has expressed its concern over Pakistan’s Citizens Protection Rules (Against Online Harm).  

The AIC, which is an industry association that promotes the understanding and resolution of internet policy issues in the Asia Pacific region, penned a letter to the Prime Minister Imran Khan informing the premier about their concerns.

“We wish to express our sincere concern that unless revoked, these rules will severely cripple the growth of Pakistan's digital economy. AIC Members recognize Pakistan’s strong potential, but the sudden announcement of these rules belies the Government of Pakistan’s claims that it is open for business and investment. In fact, the rules as currently written would make it extremely difficult for AIC Members to make their services available to Pakistani users and businesses.

“As no other country has announced such a sweeping set of rules, Pakistan risks becoming a global outlier, needlessly isolating and depriving Pakistani users and businesses from the growth potential of the internet economy,” read the letter.

The AIC further said that the Government of Pakistan released the Rules without any form of consultation or input from stakeholders outside the government. “The way in which these Rules were passed is causing international companies to re-evaluate their view of the regulatory environment in Pakistan, and their willingness to operate in the country.”

The coalition pointed out that the rules are vague and arbitrary in nature, which is a result of the absence of public consultation.

“The lack of such discussion is problematic given that the Rules demand that social media companies deviate from established human rights practices concerning user privacy and freedom of expression. Therefore, we strongly urge the Government of Pakistan to initiate a proper public consultation to ensure wider participation to develop a new set of rules.

The AIC said that it is not against regulation of social media. “However, these Rules fail to address crucial issues such as internationally recognized rights to individual expression and privacy. They also contravene the legislative enactments under which the Government of Pakistan has framed them. Neither the Pakistan Telecommunication (Re-Organization) Act, nor the Prevention of Electronic Crimes Act, 2016 (PECA) envision the broad powers granted through these Rules. On the contrary, PECA grants safe harbour protection to intermediaries or social media platforms.

“We urge the Government of Pakistan to consider the potential consequences of the Rules in order to prevent unexpected negative impacts on Pakistan’s economy. We hope to have the opportunity to share more detailed feedback with the Government of Pakistan in the near future,” the letter added.