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REMOVAL AND BLOCKING OF UNLAWFUL ONLINE CONTENT (Procedure, Oversight and Safeguards) RULES 2021. A LAW IN FURTHERANCE OF THE MAIN DATA PROTECTION LAW IN PAKISTAN, THE PREVENTION OF ELECTRONIC CRIMES ACT 2016.
Section 37 and 51 of the PECA provide that the Pakistan Telecommunication Authority (“PTA”) may promulgate rules for the blocking and regulating of online content on social media forums. The section further provides that such content shall be blocked ad removed when PTA considers the same to be violative of the glory and interest of Islam, defense, security and integrity of Pakistan, public order, decency or morality, or in relation to contempt of court or commission of or incitement of an offence relating to data protection or cybercrime.
Definition of Social Media and Social Network Services
Section 1 of the Rules provide that the Rules apply to such licensees which provide Social Media or Social Network Services. The term licensees or existing licensees is however not defined within the Rules. It is assumed that the term existing licensees pertains to cellphone companies.
“Social Media or Social Network Services are defined within the Rules as meaning a website, application or mobile web application, platform or communication channel and any other such application and service that permits a person to become a registered user, establish an account, or create a public profile for the primary purpose of allowing the user to post and share user-generated content through such an account or profile or enables one or more users to generate content that can be viewed, posted and shared by other users of such platform but shall not include the licensees of PTA unless they specifically provide Social Media or Social Network Services.” The term licensees or existing licensees is however not defined within the Rules. It is assumed that the term existing licensees pertains to cellphone companies.
Details of what is unlawful content
Section 3 of the Rules is important since it describes in detail the instances of online content removal provided under section 37 of the PECA which can lead to blocking and removal of online content:
- Glory of Islam
- Security of Pakistan
- Public Order
- Decency and Morality
- Integrity or Defense of Pakistan
- Section 7 of the Rules provides that the Serv trice Provider, Social Media Company, Significant Social Media Company shall make available Community Guidelines for access or usage of any Online Information System.
- The section further provides that the Service Provider, Social Media Company or Significant Social Media Company shall not knowingly host, display, upload any online content in violations of the locals laws of Pakistan however the automatic storing of unlawful content which automatic storage is an essential feature of such Online Information system involving no exercise of human control for onward transmission to another information system or removal of any unlawful content when the same is brought to the notice of their notice by PTA shall not be considered to be uploading, hosting or publishing of unlawful content.
- When asked to do so the Service Provider, Social Media Company or Significant Social Media Company shall provide to an investigation agency any information, data or content or sub-content contained in any Online Information System in decrypted, readable and comprehensible format or plain version.
- The information sought by the investigation agency may include subscriber information, traffic data, content data and any other information or data.
- Service Provider, Social Media Company and Significant Social Media Company shall deploy mechanisms to ensure immediate blocking of live streaming through Online Information System in Pakistan of any Online Content particularly upon receiving intimation from PTA regarding content relating to terrorism, hate speech, pornography, incitement to violence and detrimental to national security.
- A Significant Social Media Company shall register itself with the PTA within 03 months of the promulgation of the Rules
- Appoint an authorized compliance officer, based in Pakistan, for ensuring compliance with the provisions of the PECA, the Rules within 03 months of the promulgation of the Rules.
- Appoint a grievance officer in Pakistan within 03 months of the promulgation of the Rules.
- Form an office in Pakistan if so required by PTA.
- Ensure data privacy and data localization.
- Deploy suitable content moderation methods including AI based content moderation systems.