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March 13, 2020 - Comments Off on Protecting Your Digital Rights During The COVID-19 Outbreak

Protecting Your Digital Rights During The COVID-19 Outbreak

The COVID-19 has brought the world to a halt. The virus’ spread across the world has been rapid and has caused panic in almost all countries of the world, including Pakistan. While the gravity of the situation is definitely being felt in the medical field, we feel that the situation has implications on human rights, and these are implications we are simply not addressing.

With COVID-19, we’ve seen part of the fight against the disease being fought online. People across the globe are using the internet and social media to get information, to keep up to date and to track the spread of the virus. This dissemination and collection of data is unprecedented given how the digital world has grown since the last global pandemic.

Right To Privacy

Information and data regarding your Health is sensitive information. Health data is extremely personal and should only be in the hands of the individual. In situations as dire as these, it still needs to be ensured that this data is handled correctly and sensitively. In Pakistan, we are yet to enact a data protection bill, which is why it is important that ethics play a part in all fields. Details like who has tested positive, where they live and who their family are should not be leaked to the public. In times of such urgency, it is important for people to remember their rights to privacy and their right to not consent to their information being shared. 

A Rise In Racism, Xenophobia

When Pakistan confirmed its first two cases of the Coronavirus, it became public knowledge that one of the patients had recently traveled to Iran, and returned with the virus. This incited a lot of harassment against the family of the patient, moreover, a lot of people took to social media to target members of Shia sect. 

In addition to this, it has been internationally reported that there’s been a spike in racism against people who are Chinese or who hail from the Far East. Due to the CPEC project, Pakistan has been a huge influx of Chinese expats, and this trend is concerning as it could negatively affect these people’s quality of life.

Social media companies, along with the government and conventional media should work to tackle these issues and raise awareness about the disease, rather than let hatred for others take over the collective discourse.

Misinformation

Social media has been chaotic since the outbreak of the COVID-19. In the panic, people have been sharing unverified information continuously on social platforms, thereby only feeding the panic further. While the situation around the disease is of a high priority, this rampant spreading of misinformation has led to more fear and panic.It is this frantic level of misinformation that has made the WHO up their social media presence. 

In these circumstances it should be the top priority to social media companies to flag unverified information. Also they should work with the WHO and national level health agencies to spread verified information and up to date stats and data. In such circumstances, it is very easy to be swept up in panic, this panic is exaggerated on social media platforms and it is the responsibility of these companies to help control this panic.

Conventional Media 

Traditional media is equally responsible for the spread of misinformation. Media ethics and values need to play a crucial part in the reporting of this pandemic. Furthermore, stories revolving patients, their families and their treatment need to be dealt with with a lot of sensitivities, just as any other story is dealt with. 

Media regulatory bodies need to be super vigilant about the spread of misinformation as large portions of society still rely on conventional media for their information. Such a relaxed approach towards this issue can lead to hysteria and panic. The media should be used to raise awareness and give people the necessary information with which to tackle this disease.

Censorship

There have been reported incidents in both Iran and China of governments that have actively tried to suppress information about the virus getting out to the public. This is a dangerous development given that it is an attack on freedom of speech and is also an attempt to keep the public aloof of the severity of the issue at hand. Censorship is truly not the way for governments to deal with this situation. It must be tackled by collaboration, transparency and open communication. People should be able to trust their government, not doubt the information provided by them. 

The situation in Pakistan with regards to the Coronavirus is still developing. We, at Digital Rights Foundation, are keeping an eye out for the developments regarding the disease and also assessing how the digital rights sphere is being affected. We will keep posting updates as we get them.

Till then we advise all of you to take the necessary precautions against the virus.

March 5, 2020 - Comments Off on WEF and DRF conducted the Mobilizing and Inspiring Action with Technology 2020

WEF and DRF conducted the Mobilizing and Inspiring Action with Technology 2020

Digital Rights Foundation and the World Economic Forum in collaboration with institutional partners hosted a first of its kind event in Kathmandu from February 19-21, 2020. This event brought together participants from across South Asia and the rest of the world to discuss the implications of digital and emerging technologies for organizations promoting advocacy and mobilizing people-powered action in the context of the Fourth Industrial Revolution. Furthermore, topics like digital rights, civic tech, transparency and governance also came under debate.

This event aimed to facilitate shared learning across regional contexts on how increasingly digitized world is moving towards shifting behaviours, creating new opportunities and the deepening challenges for the communities and stakeholders that advocates work with. The participants had an opportunity to discuss the challenges for strategic cross-sector alliances within the development sector. The Fourth Industrial Revolution was widely discussed, with attendees discussing the changes and the future threat it brings with it.

The panels ranged from focusing on Advocacy in Context: Regional Perspectives on Technology, Advocacy and People-powered movement which took a look at relevant tools and strategies that advocates are employing across different regional contexts in an increasing digital world. Additionally Nighat Dad moderated a panel titled,  Accelerating Digital Rights Conversations Beyond South Asia and Beyond, which focused on the current state of digital rights in South Asia and opportunities to deepen and accelerate the conversation across the region and within a global context.

Nighat Dad, Executive Director of DRF noted that, ‘The fourth industrial revolution brings with it various opportunities, however, it also poses different threats to different communities especially in the context of the Global South. It is important to bring digital rights groups from South Asia together to discuss the dynamics and landscapes around transparency, digital rights and advocacy so that it becomes a strong front like the Global North. Through this workshop, we were able to bring together different actors from South Asia and discuss in detail how collaborations within the community are important.’

Digital Rights Foundation is a registered research-based advocacy non-governmental organization in Pakistan. Founded by Nighat Dad in 2012, DRF focuses on ICTs to support human rights, inclusiveness, democratic processes, and digital governance. DRF works on issues of online free speech, privacy, data protection and online violence against women.

Contact Person:

Nighat Dad 

nighat@digitalrightsfoundation.pk 

March 1, 2020 - Comments Off on NO CONSULTATION WITHOUT WITHDRAWAL OF CABINET APPROVAL OF ONLINE PROTECTION (AGAINST ONLINE HARM) RULES 2020

NO CONSULTATION WITHOUT WITHDRAWAL OF CABINET APPROVAL OF ONLINE PROTECTION (AGAINST ONLINE HARM) RULES 2020

On February 28, 2020, the Ministry of Information and Broadcasting through PR No. 267 announced the formation of a committee to begin consultation on the Citizens Protection (Against Online Harm) Rules 2020. This follows the Prime Minister’s announcement to review the Rules and consult stakeholders, after the Rules drew sharp criticism locally and internationally. However, the government refuses to clarify the legal status of the Rules without which any consultation is merely token to deflect criticism and not a genuine exercise to seek input.

While Cabinet approval for the Rules remains in place, there can be no engagement or consultation. This only shows the government’s intent to use the consultation as a smokescreen while intending to implement and enforce the Rules already prepared and approved. The Rules as they exist, merit no discussion at all. How citizens are to be protected requires an open and informed discussion which takes into account existing procedures, laws as well as how they have been applied. The abuse of authority by the PTA and government, especially their misuse of the Prevention of Electronic Crimes Act (PECA) 2016 to stifle dissent and Section 37 of PECA in particular to report and restrict political speech, will have to be addressed first.

We also call upon tech companies to unequivocally state the terms of their engagement with the government on the Rules. Too often, citizens and end users become collateral in agreements governments and companies reach in breach of their rights, and we wish to remind them their actions will be scrutinized against adherence to global best practices and international principles to protect expression and privacy.

For the benefit of public discourse, we will continue to make public information that illustrates sensible ways of protecting citizens as well as information from comparative jurisdictions, but will not participate in any process initiated to deflect criticism and seeks to draw legitimacy to carry forth the implementation of the Rules that were devised in bad faith.

We demand the following:

– The Rules must be withdrawn by the Federal Cabinet and the decision, as documented through the process, be made public before any consultation is held

– Civil society has been categorical that Section 37 of PECA must be repealed. The consultation must begin by addressing the overbroad and arbitrary nature of Section 37 under which these Rules have been issued and review the abuse of power by the PTA and government in carrying out its functions since the enactment of PECA.

– The consultation must follow an open and transparent process. The committee must make public the agenda, process it intends to follow and clear timelines. All input provided should be minuted and put together in a report form to be disseminated for public feedback with a specified timeline which is reasonable, before which no Rules should be approved or enforced.

To see the list of signatories, view document here.

February 20, 2020 - Comments Off on Citizens Protection (Against Online Harm) Rules, 2020: Legal Analysis

Citizens Protection (Against Online Harm) Rules, 2020: Legal Analysis

The ‘Citizens Protection (Against Online Harm) Rules, 2020’ have been notified under sections of the Pakistan Telecommunication (Re-organisation) Act, 1996 and the Prevention of Electronic Crimes Act (PECA) 2016 (hereinafter collectively referred to as the ‘Parent Acts’). Under these Rules, the Pakistan Telecommunication Authority is the designated Authority. This legal analysis will highlight the jurisdictional and substantive issues with the Regulations in light of constitutional principles and precedent as well as larger policy questions.

Summary of the Legal Analysis

Given that the Rules exceed the scope of the Parent Acts and substantively violate the fundamental/Constitutional rights, particularly Article 14 and 19, they are inconsistent and in derogation with the Constitution as well as the Parent Acts and should be immediately denotified.

 

February 13, 2020 - Comments Off on DRF Condemns Citizen’s Protection (Against Online Harm) Rules 2020 as an Affront on Online Freedoms

DRF Condemns Citizen’s Protection (Against Online Harm) Rules 2020 as an Affront on Online Freedoms

Digital Rights Foundation strongly condemns the recent ‘Citizen Protection (Against Online Harm) Rules 2020’ notified by the Ministry of Information Technology. Digital Rights Foundation raises strong objections to the Rules as they severely restrict the freedom of expression and privacy of Pakistani citizens in online spaces. 

These Rules directly address social media companies and require them to register and locate offices inside Pakistan, particularly establish database servers in the country signaling a definitive move towards data localisation. Additionally, the rules establish a ‘National Coordinator’ to engage with the social media companies on behalf of the Federal Government. The main objective of the Rules, it seems, is to exercise greater control over digital content of Pakistani users of these platforms and social media companies. If these companies do not abide by the requests of the National Coordinator, they will face heavy fines or a total shutdown of their platforms within Pakistan. 

Moreover, social media companies are instructed to “establish one or more database servers in Pakistan within twelve months of the date of publication of these Rules to record and store data and online content, within the territorial boundaries of Pakistan for citizen data privacy” (Section 5(d)). While this is ostensibly being done to protect citizen’s data privacy, it is clear that these Rules have the potential to be used to censor the last remaining frontier of information i.e. online media and make invasions into the personal data of Pakistanis on social media.

Rationale For Condemnation 

The Citizens Protection (Against Online Harm) Rules, 2020, chalk out the government’s plan to centralise control of digital information and expression through one central ‘National Coordinator.’ For the following reasons, we reject these rules and believe they should be revoked:

The Rules are a blatant violation of Article 19 (freedom of speech and information) of the Constitution. They exceed the boundaries of permissible restrictions within the meaning of Article 19 and lack the necessary attributes of reasonableness. While Article 19 permits ‘reasonable restrictions’ on freedom of speech only in the “interest of the glory of Islam or the integrity, security or defense of Pakistan or any part thereof, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court,” the Rules require all social media companies to remove or block online content if it is, among other things, in “contravention of instructions of the National Coordinator” (Section 4). As is clear from a plain reading of Article 19, ‘contravention of instructions of the National Coordinator’ is not a purpose for which a restriction on freedom of speech may be placed and cannot be used as a benchmark to undermine fundamental rights. 

This allows the National Coordinator to regulate online content purely on its whims and wishes. Further, the Rules require Social Media Companies to remove, suspend or disable any news article that is considered, or interpreted to be, ‘fake’ by the National Coordinator; bestowing upon it unchecked powers to be exercised at convenience.

Additionally, we feel that the additional powers of the Rules go beyond the scope of the parent Acts, i.e. Pakistan Telecommunication (Re-organization) Act, 1996 and the Prevention of Electronic Crimes Act, 2016. The PTA cannot delegate powers to another authority such as the National Coordinator beyond the powers that were vested in it through the parent legislation.

Violation of Right to Privacy: 

These Rules further weaken the state of privacy in the country: Data privacy is a pre-existing issue in the country, however, given current Prevention of Electronic Crimes Act regulations, there is still a legal process through which information or data on private users can be requested. The Rules presented by the Ministry of IT completely negate the current process, giving the government total access over data and information. Section 6 of the Rules obligates social media companies to provide any information, data, content or sub-content requested by the Investigation Agency. Astonishingly, the agency is not required to go through any legal or judicial procedure to make such a request. More worrying  is the fact that the information/data requested does not necessarily have to be in connection with, or related to, any offence laid out under the Rules rather can be any information the Investigation Agency may wish to pry into. Apart from violating the fundamental right to privacy, the Rules further threaten the state of privacy of private citizens within Pakistan. Furthermore, it is alarming that section 6 requires social media companies to provide information in “decrypted, readable and comprehensible format or plain version”, violating the reasonable expectation of privacy that citizens have when using social media and messaging applications.

Dire Consequences 

The Digital Economy will be massively affected: 

The most obvious effect of these rules will be on the digital ecosystem of Pakistan. These rules are incredibly restrictive and place immense powers in the hands of a ‘National Coordinator’. Such an atmosphere will prove non-conducive for social media companies to move to Pakistan as well as restrict the growth of Pakistan’s domestic digital economy. 

Social media has emerged as the backbone of many modern businesses, and has indeed created a new type of digital market. Many small businesses, women entrepreneurs and content creators use social media as a medium for their business. The imposition of such harsh rules will therefore not only affect individuals but also local startups and e-commerce establishments. 

Pakistan’s appeal as an investment opportunity will diminish: 

The requirement for registering with the Pakistan Telecommunication Authority (Section 5) and to establish a permanent registered office in Pakistan is a move towards “data localisation,” that will require every company to open an office in Pakistan before they can be granted permission to be viewed and/or create content in Pakistan. This challenges the borderless nature of the internet - a feature that is intrinsic to the internet itself. Even otherwise, forcing businesses to create a local presence is outside normal global business practice and creates a disincentive to invest within Pakistan. Such a regulation will force international social media companies to exit the country rather than invest further in Pakistan. It is unreasonable to expect companies to set up infrastructure in the country as per the Harm Rules when the nature of the internet allows for it to be easily administered remotely.

Society will begin to self-censor and important discourse will decrease: 

These Rules cannot be looked at in isolation. In a society that is faced with such massive impediments to free speech, the likely reaction that citizens end up having is to self censor themselves. People will restrict the discussions they take part in online and will also be less likely to partake in useful and productive conversations around governance and law. This will sever an important tie between the government and its people, thereby creating a massive divide between the two entities; something a democracy such as ours cannot afford. 

February 11, 2020 - Comments Off on A Win For Digital Rights In Pakistan, One Step At A Time

A Win For Digital Rights In Pakistan, One Step At A Time

We welcome the Senate Committee On Human Rights’ decision rejecting the proposed regulation on Web TV and OTT TV, while declaring that PEMRA does not have any jurisdiction over internet and digital content under the PEMRA ordinance. The Senate Committee on Human Rights conducted a briefing about PEMRA’s proposed regulations, inviting Digital Rights Foundation and other civil society organizations on Monday, 10th of February. 

The committee took notice of proposed PEMRA regulations after a strong statement issued by Digital Rights Foundation, Bolo Bhi, IRADA, Freedom Network and Pakistan Federal Union of Journalists, rejecting PEMRA’s regulation on the whole. Statement was endorsed by dozens of media organizations, the Women Action Forum, Human Rights Commission of Pakistan, Network of Women Journalists on Digital Rights, independent journalists, content creators, CSOs and feminists movements.   

The Chair of the Committee, Mustafa Nawaz Khokhar, objected to the proposed regulation while questioning PEMRA’s very jurisdiction over the internet and digital content. Additionally Senator Ayesha Raza commented that if PEMRA aims to ‘level the playing field’ with these regulations then traditional media needs to be incentivized to create competition, rather than curbing the digital economy. 

DRF’s Executive Director, Nighat Dad said that these regulations would mean PEMRA is threatening Pakistan’s growing digital economy and also the livelihood of  digital content creators and influencers. She pressed how these regulations would add further impediments to freedom to expression, given PEMRA’s power to declare anything as ‘illegal content’. These restrictions, she added, would be contradictory to the vision and spirit of the Prime Minister’s ‘Digital Pakistan’ initiative.

Bolo Bhi’s Director, Usama Khilji, said that these proposed regulations would impact young entrepreneurs given how digital platforms are used in this modern age. He further added that these regulations would stifle the growth of the startups in Pakistan. Moreover, it was pointed out that the Prevention of Electronic Crimes Act (PECA) has provisions to hold digital content creators and influencers accountable.

This is a big win for Pakistan not only for digital rights activists but everyone who is part of the digital economy. DRF, Bolo Bhi, Institute of Research, Advocacy and Development, Freedom Network would like to express our gratitude to each organization and individuals who signed our public statement. 

Lastly, we would like to express our appreciation to Senators Mustafa Nawaz Khokhar, Senator Ayesha Raza Farooq, Senator Quratulain Marri, Senator Usman Kakar and Senator Mohammad Tahir Bizenjo, for giving us all the opportunity to present our arguments and for protecting the digital rights and civil liberties of the citizens of Pakistan. 

 

February 10, 2020 - Comments Off on January 2020: DRF released its latest report on fake news

January 2020: DRF released its latest report on fake news

Digital Rights Foundation released its report titled, ‘Sifting Truth from Lies in the Era of Fake News’,  on 15th January 2020. The study attempts to identify topics that are more susceptible to fake news, and common methods of its dissemination. It also examines the extent of fact-checking practiced in Pakistan’s newsrooms and how often do journalists believe fake news to be true.

Based on the experiences of 152 journalists and activists, who participated in a survey for the research, the report found that over 88per percent respondents identified social media platforms as the least worthy source of information with WhatsApp being a top choice. Eight percent of journalists said that no one fact-checked in the newsroom they worked at. The report can be accessed here. A policy brief was also released to be shared with key stakeholders and can be accessed here. The launch of the report was also widely covered in the media.

Understanding cyber harassment through a gendered lens - one day training session with Federal Investigative Agency (FIA) Cybercrime Wing, Karachi

On January 23, 2020 DRF conducted a training session  ‘Understanding cyber harassment through a gendered lens’ in collaboration with UN Women for FIA cyber crime representatives in Movenpick hotel, Karachi.  The ubiquitousness of harassment cases was discussed delineating its reasons viz; anonymity of users, gender hierarchy, lack of digital literacy, and victim-blaming. Session also highlighted how technology has deepened the gender divide and is being used as a platform for harassment. The aim of the session was to challenge participants’ views regarding harassment and shift attention from victim to perpetrator in order to help them empathize with victims coming to lodge their complaints, to build an insight around the fears and apprehensions of the victims that need to be addressed while building the victims’ trust in the procedure, and to address their queries regarding cyber harassment laws (PECA, 2016) and their prosecutorial shortcomings.

Combating Insecurity in the Age of Digital Media Transformations in Lahore

DRF organized a workshop for journalists on ‘’Combating Insecurity in the Age of Digital Media Transformations’’ at Park Lane Hotel, Lahore on 13th and 14th January 2020. The aim of the workshop was to discuss if the existing media ethics are suitable for the evolving digital media landscape or new and diverse standards are required. Around 24 journalists from print, electronic and digital media joined and actively participated in the two-day workshop. Participants gave their input on how to tackle fake news and disinformation online, considering the low levels of digital literacy among the population in Pakistan which makes it vulnerable to all kinds of online and digital propaganda.

DRF, alongside other major citizen groups and NGOs, released a public statement against proposed PEMRA laws

After much discussion, DRF and other advocacy groups came together to raise their voice and concern over proposed draft PEMRA regulations which are widely seen as draconian and as major impediments to freedom of speech, and creativity. The entire statement can be found here:

Citizens Groups, Journalists’ Body & Others Reject PEMRA’s Draconian Proposed Draft Regulations On Web TV & Other Allied Attempts

Session at Digital Literacy Camp for Young Opinion Leaders by Interactive Resource Centre

DRF delivered a session on “Understanding Social Media in the Age of Misinformation and Insecurity” at the Interactive Resource Centre on January 31 with content creators from across Pakistan where we spoke about digital rights education, the online right to freedom of expression and privacy, and digital safety.

Participated in launch of ‘End Cyber Abuse’ portal and Webinar

DRF contributed to the making of the ‘Pakistan Factsheet for “End Cyber Abuse”, which provide details regarding all legal remedies available to citizens in each country when faced with online abuse and violence. These fact sheets can be accessed here: http://endcyberabuse.org/country-factsheets/

DRF also participated in a webinar titled "A Spotlight on Legal Remedies for Survivors of Image-Based Sexual Abuse Worldwide” on January 28th where we discussed the legal regime in Pakistan and the challenges that victims face in reporting cases of online violence. A recording of the webinar can be found here: https://thomsonreuters.webex.com/recordingservice/sites/thomsonreuters/recording/fc889b1833b8412e895447dd217a93eb.

Session on Domestic Violence by Lincoln Corners at “Peacetivity”

DRF conducted an awareness session on domestic violence laws in Pakistan via weblink on January 11. The event was organised by Lincoln Corners at “Peacetivity”. The session covered the legal regime in each province, particularly Sindh, as well as the resources women have when reporting instances of online harassment.

DRF was a signatory to the APC’s Open Letter to the United Nations.

The purpose of this open letter was to raise our voice and concern over a proposed international convention against cyber crime that could impede on human rights online.

The details of this can be seen here:

https://www.apc.org/en/pubs/open-letter-un-general-assembly-proposed-international-convention-cybercrime-poses-threat-human

DRF’s Executive Director, Nighat Dad took part in Esra’a Al Shafei’s podcast titled ‘Why We’re Pissed’.

Esra’a is a Bahraini Civil Rights Activist and Blogger. Her podcast, ‘Philantropi$$ed’ takes a critical look at the NGO sector worldwide. You can listen to her and Nighat’s fascinating conversation here:

Episode #1: Why We’re Pissed

DRF’s Executive Director, Nighat Dad, was selected for the prestigious International Leaders Programme (ILP).

The ILP identifies global leaders and invites them to the United Kingdom for high level meetings, briefings and diplomatic visits. Nighat is the first digital rights activist to be chosen for the ILP from Pakistan.

Before leaving for the program, Nighat Dad met with the British High Commissioner Dr. Christian Turner in Islamabad.

During the ILP, Nighat Dad took part in multiple high level meetings, and met with other activists and leaders who are working on digital rights. Nighat Dad also met with Baroness Helena Kennedy and had a productive conversation about civil liberties online and a collective way forward in the promotion of digital rights and online freedom of speech.

 

January 28, 2020 - Comments Off on Citizens Groups, Journalists’ Body & Others Reject PEMRA’s Draconian Proposed Draft Regulations On Web TV & Other Allied Attempts

Citizens Groups, Journalists’ Body & Others Reject PEMRA’s Draconian Proposed Draft Regulations On Web TV & Other Allied Attempts

PUBLIC STATEMENT BY CITIZENS AND STAKEHOLDERS

On government attempts to curtail freedom of expression, right to information and digital rights; and appropriation of internet and cyberspace

Citizens groups reject PEMRA’s draconian proposed draft regulations on Web TV and other allied attempts to undermine digital rights and freedom of expression

Islamabad – January 28, 2020

We the public, citizens of Pakistan, the media sector and its practitioners, digital rights advocates, human rights groups, legal fraternity and the broader civil society in general, are alarmed and angry at recent government attempts clearly aimed at curtailing our fundamental rights to free speech and access to information through blatant attempts to restrict our digital rights and hijacking of internet and cyberspace to curb open discourse and online socio-economic freedoms and pluralisms, as well as distorting and limiting the media market.

In particular, the following initiatives, proposals and measures at the start of 2020, and preceding it, taken by the government and the state, among other things, as made public by government authorities, reported by the media and/or unofficial information through reliable sources, are alarming:

  • A draft proposal uploaded on its website by the Pakistan Electronic Media Regulatory Authority (PEMRA) in January titled “Consultation on Regulating the Web TV & Over The Top TV (OTT) Content Services”
  • Parallel/alternative draft, regulations not made public but reportedly possessed and distributed to selected authorities by PEMRA and presented before the federal cabinet that reportedly include even more stringent provisions than the ‘public’ version of the draft.
  • A draft proposal by Pakistan Telecommunication Authority (PTA) not formally circulated among the public but shared with parliamentary committees, aiming to establish so-called guidelines to “prevent harm to persons” on the internet but apparently aimed at restricting online freedom of expression and right to information.

A public consultation co-organized by BoloBhi, Digital Rights Foundation (DRF), Freedom Network (FN), Institute for Research, Advocacy and Development (IRADA) and Pakistan Federal Union of Journalists (PFUJ)  – all independent civil society Pakistani organizations championing the rights of journalists, civil liberties and digital rights of all citizens – and attended by dozens of journalists and media practitioners, digital rights activists, IT industry representatives, internet service providers, human rights groups, women’s rights advocates, lawyers, social media practitioners, and media rights groups, considered in detail all the recent announced and unannounced government measures and official and unofficial drafts.

All the above proposed measures, policies, drafts and proposals were rejected outright with consensus by the participants of the open consultation. The stakeholders and participants agreed that there is no need for the proposed drafts and proposals at all and, therefore, no need to respond to the individual clauses of both the declared and undeclared drafts from PEMRA, PTA and other sources, as they are redundant. Proposing amendments to these drafts would amount to  lending legitimacy to their unfair and non-representative, and often malicious, intent and content.

The stakeholders rejected the drafts in their totality as attempts at expanding the PEMRA footprint slyly by usurping and self-according to itself the mandate to regulate the internet with the thinly disguised aim to regulate online content. PEMRA’s legal mandate is to regulate the broadcast industry, not even regulate broadcast content, let alone online content,  while any attempts to self-expand its mandate to regulate the internet are dangerous by implication, and downright illegal, which will end up undermining Pakistan’s digital future.

REJECTION RATIONALE

The participants agreed and declared the following:

  1. The environment for free speech for the citizens and the media is already heavily curtailed in Pakistan as part of an ongoing process of suppressing civil liberties and engendering a climate of censorship. These newly proposed regulations and measures, through publicized and unpublicized versions of drafts, can and will be used to censor online content and curb freedom of expression and right to information of media practitioners and citizens.
  2. These anti-freedom of expression, anti-right to information measures and drafts cannot and should not be instituted through ‘regulations’ by bypassing legislative processes or without direct public-parliament consultations, or in violation of Articles 19 and 19A of the Constitution. Furthermore, the  proposed regulations are beyond the statutory mandate of PEMRA  and therefore must not be adopted through regulations or notifications alone. This is obvious in the much higher license fee for news and current affairs Web TV channels as compared to other entertainment Web TV platforms in the proposed regulation. The drafts will also disproportionately impact independent content creators due to the proposed onerous licensing requirements.
  3. The official and unofficial drafts, including those from PEMRA, are thinly disguised as draconian attempts to discourage new media journalism, including YouTube / website channels being run by Pakistani journalists who have been forced out from mainstream media over the past two years by the authorities to curtail their professional and/or entrepreneurial work, or dozens of entrepreneurial and non-legacy current affairs news and current affairs websites that are filling the gaps in information from legacy media and providing useful local community information. No one should be charged a fee for operating information services online through independent websites
  4. The proposals and the official and unofficial drafts seem to be attempts to indirectly materialize the otherwise rejected idea of Pakistan Media Regulatory Authority (PMRA) – the widely rejected proposal floated by the PTI government in 2019 to serve as a single controlling authority for print, broadcast and online media. This will also amount to overstretching of PEMRA’s jurisdiction beyond its statutory mandate and encroach on the mandate of other regulators.This will also amount to overstretching of PEMRA’s jurisdiction beyond its statutory mandate and encroach on the mandate of other regulators
  5. Through these regulations, PEMRA seems to be proposing to assume/acquire Prevention of Electronic Crimes Act (PECA)-type powers for itself, which have already proved controversial (and which themselves require amendments for overreaching mandate in violation of constitutional articles) and a thinly disguised framework to hinder freedom of expression online, as the cases under it against several journalists and citizens prove, and other digital rights.

DIRE CONSEQUENCES FOR PAKISTAN

The participants warned the citizens, the netizens, media, information practitioners, the government, the opposition, legislatures, political parties, civil society, rights groups, media regulators of the following consequences if the proposed new measures, proposals and drafts are approved:

Regression of a digital economic future for Pakistan: Net neutrality and easier and cheaper access to the internet is central for a robust digital future of Pakistan. The newly proposed declared and undeclared measures will become a barrier for a broad range of players in not just the information, telecom and internet access business domains but for digital entrepreneurship and start-up ecosystems as well as contribute to a widening gap between the digital and non-digital natives.

Decreased freedom of expression, increased censorship and diminished digital rights:

Pakistan is already poorly ranked on all key annual global indexes of freedom of expression and digital rights, including those of Reporters Sans Frontieres (RSF), Committee to Protect Journalist (CPJ), Freedom House (FH) and International Federation of Journalists (IFJ). The newly proposed declared and undeclared measures will curb online free speech and digital rights further and bring levels of online censorship on a par with offline censorship and damage democracy.

Circumscribed access to information and weakened pluralisms:

Social media access and usage by the citizens of Pakistan is growing as a means of access to information that is now routinely curtailed on mainstream offline media. The newly proposed declared and undeclared measures will not only diminish access to information but also curtail online social discourse and pluralism of information sources that are necessary for Pakistan’s pluralist polity and strengthening human rights and democracy.

The death of creativity, initiative and productivity:

Free expression, the arts and visual and performance disciplines are key to a creative twenty-first century digital society. The newly proposed declared and undeclared measures will stifle the arts, strangulate the media, disrupt local community information services, undermine online education and health campaigns, sabotage state-to-citizen digital engagement and outreach, and simply push Pakistan back to the twentieth century.

APPEAL to the PARLIAMENT, the GOVERNMENT and the PRIME MINISTER

The participants and stakeholders made a vociferous appeal to the Parliament, the political parties, the federal and provincial governments and the Prime Minister to prevent any and all attempts from all quarters to sneak into policymaking all such measures as the proposed official and unofficial drafts mentioned above that will hinder Pakistan’s march into a digital future in a globally connected world. They urged an immediate official rejection of the measures and drafts in line with the interests of the citizens of Pakistan.

ENDORSED BY ORGANISATIONS AND MOVEMENTS 
  1.  AGHS Legal Aid Cell
  2.  ASR Resource Centre 
  3.  Aurat March Karachi 
  4.  Bolo Bhi
  5.  DRF - Digital Rights Foundation
  6.  FN - Freedom Network
  7.  HRCP - Human Rights Commission of Pakistan
  8.  Internet Service Providers Association of Pakistan
  9.  IRADA - Institute for Research, Advocacy and Development
  10.  Mangobaaz
  11.  Network of Women Journalists for Digital Rights (140 members)
  12.  People’s Commission for Minorities Rights
  13.  PFUJ - Pakistan Federal Union of Journalists
  14.  SAP Pakistan 
  15.  Women Action Forum - Hyderabad 
  16.  Women Action Forum - Islamabad 
  17.  Women Action Forum - Karachi 
  18.  Women Action Forum - Lahore 
  19.  Women Democratic Front
ENDORSED BY INDIVIDUALS
  1. Adnan Rehmat - journalist, analyst and media rights activist
  2. Ailia Zehra - NayaDaur
  3. Afia Salam
  4. Alveena Sajid -  Express News
  5. Ammar Masood - Columnist - AAP Communication
  6. Aneela Ashraf
  7. Anis Haroon - Feminist
  8. Annam Lodhi
  9. Asma Sherazi - Journalist
  10. Badar Alam - journalist, former editor Herald
  11. Gharidah Farooqi - Journalist AAP News
  12. Haroon Rashid - Independent Urdu
  13. Jalila Haider - activist, lawyer
  14. Laiba Zainab - NayaDaur
  15. Maleeha Mengal
  16. Manal Khan
  17. Moneeza Jahangir - Journalist
  18. Nadia Malik - Geo News
  19. Najia Ashar - CEO Global Neighbourhood for Media Innovation
  20. Nasir Zaidi
  21. Nasreen Shah - Member WAF
  22. Neelam Hussain - Member WAF
  23. Nighat Saeed Khan - Feminist
  24. Peter Jacob 
  25. Qurrat ul Ain Shirazi, Hum News
  26. Ramsha Jahangir - Journalist Dawn Newspaper
  27. Rubina Saigal - Member WAF
  28. Sabahat Khan - Journalist
  29. Saqib Jillani - Lawyer
  30. Sana Ejaz - Journalist
  31. Shabana Arif 
  32. Shehzada Zulfiqar - President PFUJ
  33. Sumaira Ashraf Rajput - Public News
  34. Tahira Abdullah - human rights activist
  35. Umaima Ahmed - TNS
  36. Wahaj Siraj - CEO Nayatel 
  37. Zeenat Khan
  38. Zoya Anwer - Freelance Multimedia Journalist

January 22, 2020 - Comments Off on December 2019: Digital Rights Foundation conducts its Sixth National Conference on Privacy: #PrivacyIsARight

December 2019: Digital Rights Foundation conducts its Sixth National Conference on Privacy: #PrivacyIsARight

Digital Rights Foundation (DRF) conducted its Sixth National Conference on “Privacy: #PrivacyIsARight” on December 7, 2019 in Islamabad to discuss issues relating to artificial intelligence, and algorithmic decision-making in the context of privacy rights. The event was supported by one of our key partners, the Friedrich Naumann Foundation. The keynote address was delivered by former senator Faratullah Babar. The conference featured the Glass Room Exhibit which featured interactive installations such as “The Zuckerburg House”, “The Empire”, “A Data-Day”, “Fake or Real” and “The Real Life of Your Selfie” which were supported by Tactical Tech as part of its global exhibit.

A panel discussion on the topic “The Future of Tech: AI and Algorithms in the Context of the Criminal Justice System & Social Justice” was conducted to tackle the issue of emerging technology such as artificial intelligence and algorithmic decision-making from a human rights perspective. The panelists included Dr. Maryam Mustafa, Dr. Muhammad Nadeem, Rahma M Mian and Aleena Alavi.

The event also included a vibrant debate on the proposition “This House Believes That (THBT): Sentencing by judges should be delegated to algorithms”. Oves Anwar (RSIL), Mujtaba Hussain (KPITP) and Usama Khilji (BoloBhi) spoke in favour of the motion. A team of Malaika Raza, Aniqa Arshad and Zoya Rehman argued against the proposition.

Press Conference with Joint Action Committee on Dec 16

DRF took part in a press conference as part of the Joint Action Committee (JAC) to highlight the issue of shrinking spaces in Pakistan, especially the lack of freedoms for civil society. Speakers at the conference included representatives from HRCP, WISE, AGHS Legal Cell, South Asia Partnership Pakistan (SAP-PK), SAFMA and several others. DRF particularly highlighted the shrinking online spaces and how it was impacting other fundamental freedoms enjoyed by citizens.

National Feminist Legal Theory and Practice Training (NFLTP)-Pakistan

DRF took part in the NFLTP organised by HomeNet from December 17th till 19th. Jannat Ali Kalyar and Shmyla Khan attended the conference as representatives from DRF. The workshop focused on feminist approaches to the law, covering a wide range of issues relating to international human rights law, intersectionality, the feminist movement in Pakistan and critiques of laws aimed at addressing gender-based issues in Pakistan.

Nighat in Women of the World Festival

DRF’s Executive Director Nighat Dad took part in the ‘Women of the World’ Festival in Karachi, and took part in a panel discussion titled, ‘Feminism in the Digital Age’. This panel aimed to bring to light issues of access to the internet as well as how the the feminist movement has played out in digital spaces.

Privacy series with TNS:

As part of our work on data privacy and data protection, we partnered with ‘The News on Sunday’ to publish opinion pieces about the topic. The aim with these articles was to help create awareness, and further public discourse on the matter.

https://www.thenews.com.pk/tns/detail/586618-cyber-insecurityhttps://www.thenews.com.pk/tns/detail/579980-under-the-watchful-eye

DRF conducts session at Mehran University of Engineering and Technology, Jamshoro

DRF conducted a session on 3rd December with students and admin of Mehran University of Engineering and Technology at the USPCAS-W Auditorium. The session titled Hamara Internet: Online Spaces; Challenges and Opportunities had 174 students from the institute. The session highlighted the current digital rights discourse in the country along with a need for a data protection bill in the country. Students shared their experiences of online harassment and harassment in general and also highlighted the pivotal role of each citizen to make online spaces safe for all.

DRF conducted session at Iqra University, North Campus, Karachi

DRF conducted a session on 4th December with students and admin of Iqra University, North Campus, Karachi. The session was with 92 students and teachers on campus. The session highlighted the impact of online violence in offline spaces and how certain communities are vulnerable online. There was a much needed debate around the current cybercrime legislation in the country and also the need for a data protection bill.

Landmark Judgement regarding Right To Information and Privacy passed by Pakistan Information Commission.

The Chief Information Commissioner passed a landmark order in December 2019 which can be seen as a major win in the area of privacy and data rights. The judgement is as follows:

“All Public Information Officers designated under Section 9 of the Right of Access to Information Act 2017 are directed not to demand the provision of certified copy of CNIC when an applicant mentions that s/he is citizen of Pakistan. A Public Information Officer can only demand production of CNIC when it is warranted by objective grounds, i.e. a request for information seems to have been filed from abroad.”

In the proceedings of the appeal, DRF’s Executive Director Nighat Dad acted as Amicus Curie, and added her  input. She talked about the current legal landscape regarding privacy, which in Pakistan is covered under Article 14 of the Constitution. Nighat Dad also talked about how there are no data protection laws in the country, a matter that has led to private citizen’s data being compromised, as seen in the case of Khyber Pakhtunkhwa’s online citizen portal and its corresponding app. Additionally, she added the following, ‘Until and unless a robust data protection law is enacted, collection of private information, unless explicitly required, should not be collected. Furthermore, making CNIC as a requirement for access to a fundamental right, such as the right to information, is too onerous a restriction.’

December 24, 2019 - Comments Off on November 2019: Launch of the Freedom on the Net Report

November 2019: Launch of the Freedom on the Net Report

Freedom House released its Freedom on the Net (FoTN) report for the year 2019, titled “The Crisis of Social Media” to reflect the plethora of issues emerging on social media. The report finds an overall decline in global internet freedom for the ninth consecutive year in 2019. Pakistan’s ranking on the report remains “Not Free” for the coverage period, with its score decreasing from 27 to 26. Internet freedom declined during this report’s coverage period due to authorities’ increased blocking of political, social, and cultural websites. The general election environment in July 2018 saw connectivity restrictions and increased disinformation. The report for Pakistan was authored by Digital Rights Foundation (DRF) and evaluated through the methodology developed by Freedom House.

The full report can be accessed here. Pakistan’s country-specific report is available here.

Facebook’s Safety Week

Digital Rights Foundation collaborated with Facebook and other partner organisations including Sahil, Human Rights Commission of Pakistan, Child Rights Movement and SPARC to plan three events on women’s online safety, child online sexual abuse, and safety of human rights defenders from November 7th till 9th. The events were an opportunity to become familiar with Facebook’s policies, tools, and resources to raise questions to the Facebook team.

Lahore University of Management Sciences (LUMS) Lecture

Representing DRF, Shmyla Khan and Zainab Durrani delivered a lecture on data protection and privacy at the Computer Science Department at LUMS for the course called “Privacy in the Digital Age”. We shared our advocacy regarding the personal data protection bill with the students and had a lively question and answer session.

Safer Communications and Secure Data Convening by IFEX

DRF attended a two day training organized by IFEX in Kuala Lumpur, Malaysia on the 5th and 6th of November 2019. The training brought together people from all over South and Far-East Asia and allowed for an exchange of ideas and best practises in terms of digital safety and digital training.

Focus Group Discussion with CSOs

As part of the project that we are collaborating on with Privacy International, DRF hosted a focus group discussion with members of the civil society under the theme of ‘How Private Are You?’ where we had a conversation on organizational security and privacy in terms of cyber security and measures that should be implemented to strengthen the existing framework. The discussion also revolved around the organizations sharing their concerns with regards to the topic at hand and our Digital Safety team conducted a session to best address their concerns. 

Two Day Online Safety Training for Human Rights Defenders in Islamabad 

DRF conducted a two day session with human rights defenders from Islamabad and Lahore regarding online safety and digital rights. HRDs discussed in detail on their privacy concerns and what safe practices they need to adopt in order to stay safe in online spaces. The session took place for two days on 30th November and 1st December and had human rights defenders which consisted of activists, lawyers, journalists and civil society.

DRF at IGF’19

The DRF Team was represented at the Internet Governance Forum 2019 in Berlin by an all-female team consisting of Sehar Dad, and Program Managers Maryam Saeed and Zainab Durrani

Nighat Dad spoke on the #MeToo movement to Newsline Magazine.

While social media has been such a great tool in bringing the sexual harassment conversation to light, it is also where people continue to be harassed. We need to focus on creating alternate physical spaces and forums where survivors of sexual harassment can share their stories without fear of backlash, she said.

Eleven organizations from civil society create the Forum on Information & Democracy, a structural response to information disorder

In the context of the Paris Peace Forum, eleven organizations unveiled the newly created Forum on Information & Democracy. This new entity will issue recommendations for standards in order to encourage the regulation and self-regulation  of the space of information and communication. The initiative was welcomed by President Emmanuel Macron during his inaugural speech. He first quoted “the Partnership on Information and Democracy, launched by Reporters Without Borders and supported by governments” to illustrate “the importance of these new forms of cooperation”, “a concrete example of innovations that provide different actors to move forward together".

The first General Assembly of the Forum on I&D was held yesterday at RSF’s headquarters in Paris. Its eleven founding members are NGOs, think tanks, multistakeholder initiatives and research centers: CIGI (Canada), CIVICUS (South Africa), the Digital Rights Foundation (Pakistan), Free Press Unlimited (Netherlands), the Human Rights Centre at UC Berkeley School of Law, University of California (United States), the Institute for Strategic Dialogue (United Kingdom), OBSERVACOM (Uruguay), the Open Government Partnership, the Peace Research Institute Oslo (Norway), Reporters without Borders/RSF (France) and Research ICT Africa (South Africa).

The Forum’s Board of Directors elected the RSF Secretary general, Christophe Deloire as its President. Nighat Dad (executive director of Digital Rights Foundation) and Leon Willems (director of Free Press Unlimited) were elected as Vice-President and Treasurer.

World Forum for Democracy

Session soundbites: “Democracy dies in darkness: do we have the information we need?”

Nighat Dad, Pakistani lawyer, Internet activist and founder of Digital Rights Foundation: “Vulnerable groups and minorities usually don’t find space in the offline world to exercise their right to freedom of speech”.

Moderating ‘content’ in democracies

Shmyla Khan from Digital Rights Foundation writes for The News on Sunday

This past week the social media behemoth, Facebook, released its transparency report for the period January till July 2019. This report, issued on a bi-annual basis, contains information regarding the enforcement of its community standards and policies on intellectual property as well as compliance with legal requests from governments across the world.

Click here to read the full article.

How not to lose private data

R Umaima Ahmed from DRF's Network of Women Journalist for Digital Rights wrote for The News on Sunday on the need for an extensive awareness campaign about how to protect data from fraudsters and intruders.

Click here to read the full article.

2019 Asia 21 Young Leaders Summit

The 2019 Class of Asia 21 Young Leaders including Nighat Dad (Pakistan), Founder & Executive Director, Digital Rights Foundation met on November 15-16 in San Francisco and Silicon Valley at the annual Asia 21 Young Leaders Summit. This summit held in the United States for the first time and it carried the theme “Technology & Humanity: Roadmaps for the Future.” Since the first Asia 21 summit, held in Seoul in 2006, the initiative has connected people from the region and facilitated collaborations in tackling the common challenges of the 21st century.