The Court of Justice of the European Union (CJEU), in its landmark judgement has held that the controversial “right to be forgotten” requests from within the European Union can lead to removal of information only within the EU and does not apply globally.
Initially, in 2016, Google had filed an appeal against the decision of CNIL, French privacy watchdog, which required Google to remove information under the right to be forgotten from search engines globally. The ruling now means that tech companies will have to use geo-blocking to comply with removal requests under the right to be forgotten.
Digital Rights Foundation and 12 other NGOs also joined the petition to argue that a singular law or state should not be able to determine what kind of information is included or excluded in another part of the world as this will become a major threat to freedom of expression, activists or organisations working against human rights violations in their respective countries or even advocating for progressive changes in the society.
The court also recognised concerns about how the right to free speech or expression and the right to be forgotten is not being used in balanced or fair approach in multiple states which has the potential for serious implications on the society.
The court said,
“…it should be emphasised that numerous third States do not recognise the right to de-referencing or have a different approach to that right. Moreover, the right to the protection of personal data is not an absolute right, but must be considered in relation to its function in society and be balanced against other fundamental rights, in accordance with the principle of proportionality… Furthermore, the balance between the right to privacy and the protection of personal data, on the one hand, and the freedom of information of internet users, on the other, is likely to vary significantly around the world.”
The Digital Rights Foundation along with 12 other organizations appeared as petitioners represented by barristers Caoilfhionn Gallagher QC, Jude Bunting and Jennifer Robinson of Doughty Street Chambers, along with avocat Thomas Haas.
On this petition, all the petitioners strive to protect basic human rights including the right to freedom of speech.
There have been multiple incidents reported regarding Pakistan Telecommunication Authority (PTA) blocking websites without following legal procedures. When websites and platforms have been blocked, there is no opportunity to challenge these decisions by PTA.
On 12th of September 2019, the Islamabad high court issued a detailed order regarding these blockages as a response to a petition filed by Awami Workers Party, a left-wing political party registered with the Election Commission of Pakistan (ECP). PTA had blocked AWP’s website in the middle of their election campaign without any prior notice, warning or legal grounds. The AWP sees this action as another attack on progressive voices in the country which are only trying to exercise their constitutional and democratic rights by becoming a part of the electoral process.
During the hearing, IHC shared that it was not just AWP but over 800,000 other websites have been blocked by PTA. AWP Islamabad’s information secretary, Shahzeb stated that they were surprised to see how the document which was supposed to explain why PTA took this action was missing from the document PTA submitted in the court. He also said that PTA admitted to not following rules established before taking any such action according to Pakistan Electronic Crimes Act 2016.
It also interesting to see how section 37 PECA 2016 allows blocking of content which is against “glory of lslam or the integrity, security or defence of Pakistan or any part thereof, public order, decency or morality” but does not define what any of these phrases, such as “glory of Islam”, mean. Using such vague and broad criteria for online censorship violates the basic principles of free speech enshrined in article 19-A of the constitution which ensures the right to freedom of expression and information.
In the landmark judgement which is seen as the victory for internet in Pakistan, IHC also stated PTA’s practice of blocking websites as violation of principles of natural justice. Taking a closer look at the whole process also puts light on how the state, while trying to hide how it has been violating the social contract it has with the citizens has been trying to silence the people and organisations being critical on issues while voicing their concerns through digital platforms.
The court has also ordered PTA to work with the government to form better and more transparent mechanisms and rules within three months.
“After going through the whole experience of this case and being politically affected by the actions by PTA in the name of alleged hate speech, AWP has realised how digital rights and spaces hold and immense importance hence, they will soon be planning an awareness campaign for citizens on how reclaiming digital spaces is equally important as organizing the masses around human rights and other socio-political questions” said Shahzeb, information secretary AWP Islamabad.
October 4, 2019 - Comments Off on 66 women’s rights, human rights, digital rights and feminists groups endorse statement on internet blackout in Kashmir
66 women's rights, human rights, digital rights and feminists groups in Pakistan have endorsed a statement condemning the internet and communications blackout in Kashmir. The statement condemns the blatant violation of the right to freedom of expression, access to information, movement and peaceful assembly by the Indian government through a blanket network and internet shutdown in Jammu and Kashmir since the evening of August 4, 2019. The nature and scope of this shutdown is particularly alarming, however it is part of larger pattern of regular shutdowns in the disputed region; in 2019 alone 51 internet shutdowns have been imposed in Jammu and Kashmir. The right to access communication networks is an important prerequisite to the exercise to other democratic and fundamental rights, the people of Jammu and Kashmir have been systematically denied these rights.
The statement also condemns the uneven application of community guidelines and content regulation by social media companies such as Twitter to silence users critiquing the official narrative of the Indian government and amplifying the voices of Kashmiris on the ground. Access to communication networks during times of conflict and political turmoil is particularly important to prevent further human rights violations and arbitrary measures. The statement has been endorsed by human rights organisations such as Human Rights Commission of Pakistan (HRCP), Asma Jahangir Legal Aid Cell (AGHS), Digital Rights Foundation as well as collectives such as Aurat March (Lahore and Karachi) and Women’s Action Forum (Islamabad, Karachi, Lahore and Hyderabad). International organisations such as Freedom Forum Nepal NetBlocks, Internet Sans Frontières and Bloggers Association of Kenya (BAKE) have also endorsed the statement.
Women Journalists’ Residency Retreat
DRF, with FPU’s support, hosted a three-day residency retreat in Nathia Gali for women journalists from across Pakistan. The retreat focused on fun team building exercises, gender sensitisation and expert support in multiple areas such as mindfulness and stress management. Journalism as a field has the reputation of involving high-pressure and stressful work and can cause work-related stress, depression and anxiety but these are not treated with the same seriousness as more tangible risks. The retreat allowed the participants to share their experiences and the challenges they face in the field of journalism in de-stressed environment away from their day-to-day work lives. The sessions on stress management included relaxation activities such as yoga and trust circles. The retreat also aimed at strengthening the network as a support mechanism for the members.
Consultation: “Due Diligence Project: Online Violence against Women"
DRF, in collaboration with the Due Diligence project, conducted a focus group discussion with women’s rights organisations within Lahore to discuss online harassment and the mechanisms associated with addressing harassment in digital spaces. The participants included members from AGHS, ASR, HRCP, WISE, UN Women and the Women’s Development Department. DRF will continue its collaboration with the Due Diligence project through assistance with undertaking the 5 country research in Asia Pacific on online violence against women.
Workshop on Online Harassment at Fatima Memorial
DRF conducted a workshop at the NUR Student Leadership Program with young students on the subject of online harassment and digital freedoms. The audience consisted of young students who engage with online spaces on a daily basis.
Participation in HRCP’s focus group discussion on social citizenship
DRF participated in Human Rights Commission of Pakistan (HRCP)’s focus group discussion on the intersection of human rights and social citizenship within a Pakistani context. DRF raised issues of online spaces as sites of political participation and exclusion.
Meeting with Member of National Assembly, Maiza Hameed
A delegation from DRF met with member of the national assembly Maiza Hameed who is part of the Committee on Information Technology. Maiza was briefed on matters of data protection and performance of the NR3C, FIA. The MNA expressed her intention to ensure that protections for privacy were strengthened in the form of a personal data protection law.
TDEA Advocacy Workshop
DRF participated in advance advocacy workshop which was organised by TDEA at Islamabad. The two day workshop was focused on the collaboration of the gender and other minorities to work along for the advocacy of recommendations of the electoral rights in Pakistan.
The three groups that were primarily focused on was transgenders, person with disabilities and women.The participants of the workshop were transgender rights activists, person with disabilities rights activists and women rights activists who were invited from all over Pakistan.
September 27, 2019 - Comments Off on Qandeel Baloch case judgement: The crime of Covey
Honour killing is a collective crime, a crime that unifies the patriarchal: legal apparatuses and structures, society and the family system.
When Qandeel Baloch was murdered in the name of honour by her own brother in 2016, the question of her getting justice felt urgent and immensely important. Qandeel was murdered as a direct result of asserting her sexuality online, the visibility had cost her, her life. In the wake of her death, many women identified with what she represented: a working class Pakistani woman who asserted herself.
After more than three years of the investigation and trial of Qandeel Baloch’s honour killing, the Model Court in Multan sentenced Muhammad Waseem to 25 years of imprisonment under section 311 of the Pakistan Penal Code. The other accused in the case stood acquitted, including her brothers Aslam Shaheen and Muhammad Arif as well as Haqnawaz, Muhammad Mufti Abdul Qavi, Abdul Basit and Muhammad Zafar. The judge endorsed the prosecution’s case for Muhammad Waseem, relying on his judicial confession and DNA evidence.
On the other hand, the other accused, such as Haqnawaz who also confessed to the crime, were acquitted as the judge deemed their confessions as extra-judicial and the recoveries made insufficient corroborative evidence. This speaks to the gaps in the investigation and prosecution, a trend common in cases of gender-based violence. Although Multan has been the beneficiary of support in terms Violence Against Women Center (VAWC) since Qandeel’s murder with the aim of improving investigation and prosecution, there is a serious need to replicate and institutionalise these efforts. It is essential that investigations and prosecution proceedings account for the integral role co-conspirators play in a crime. They might not be the hands that strangle the throat but they definitely are the patriarchal voices that enable those hands.
It is important to note that while Qandeel’s parents attempted to pardon the accused Waseem and Aslam Shaheen through a section 345 CrPC application, the application was declined by the judge. Violence against women’s bodies is a crime against society, a violation felt by all women. The judgment emphasises that this was not a case of blind murder but rather a result of perceived disrepute on the family honour. It is important to acknowledge that violence against women’s bodies is not gender-neutral, but as a result of their gendered bodies and their place within the patriarchal structure--the acknowledgment of her murder as honour crime goes a long way in achieving this. Additionally, Qandeel’s case struck home for us as she reclaimed online spaces to assert her sexuality; in a society where women have limited access to public spaces, the importance of women’s right to pleasure is a political and feminist cause.
We would agitate the state to appeal the acquittals of the accused immediately. Additionally, we petition the National Commission on the Status of Women (NCSW) to pursue the appeal with urgency and care. We placed our faith in state institutions to deliver justice for Qandeel, and the fact that it took three years for her trial to end speaks volumes of the delays and obstacles to justice inherent in our judicial system. We also call for police reform based on investigation of gender-based crimes to improve the process of evidence collection, recovery and prosecution of these crimes so that justice is served fully in future cases. Lastly, the pressure on Qandeel’s parents and their vulnerability in the face of lack of financial support meant that they recanted their support for the prosecution, despite nominating their sons themselves in the initial reporting of the case. More needs to be done to provide support and protection to families of victims who are left behind, to shield them from political and social pressure as well as economic coercion.
So it is a well-known fact that journalism isn’t the safest option one can choose. A journalist exposes his/her views to the public, thus exposing a part of themselves. Be it a small scale freelance journalist or a major famous journalist, these polarizing opinions produce differing opinions and fuel arguments. Of-course there are people who argue rationally, respecting other opinions but the problem occurs when respect is thrown out of the window. When journalists’ online presence threatens their very existence. The word ‘existence’ here can unfortunately be used both generally and specifically.
Specifically, when most of these journalists holding unorthodox views present their views over a medium, they almost always have to face serious threats to themselves and their loved ones. The threats range from cyber-bullying, cyberstalking, cyber-harassment and public shaming to murder threats and enforced disappearances. From 2012 to 2016, UNESCO reported the killing of 530 journalists, two per week. Unsurprisingly, 56% of these deaths happened in developing countries or countries experiencing military conflicts. Unfortunate examples like that of Jamal Khashoggi show us that the growth of internet has done no favor to the status quo. The Fifth Domain has just provided another medium for these threats to circulate through, effectively worsening the situation.
Having taken a look at all of these issues, it will still not be unreasonable to suggest that being a woman in journalism is a completely different ball game. Obviously all the issues presented above still affect women that are present in the journalism industry. In that essence, I guess calling the situation of women a completely “different” ball game might not entirely be true. A better explanation could be that women face all the issues men have to go through and more.
While men are criticized, threatened or attacked due to their beliefs, most of the time women don’t even get the luxury of having their opinions conveyed. Even at a platform where their voices are broadcasted, they are shunned for things completely unrelated to their journalistic abilities. Comments about their appearance, their clothes, the way they speak and the amount of make-up they wear (or don’t wear). Similarly, the threats made to women are much more severe and appalling, ranging from sexual harassment to rape threats. Women are called “whores” and threatened to be paraded naked in the streets as a “walk of shame” over the internet. In certain instances, the faces of these journalists are copied on to explicit and sometimes even pornographic images and shared around the internet as memes. The issue, however, will only get worse with the improvement in technology. The above mentioned problem has been made worse with the use of deep-fake technology, creating fake compromising videos which are becoming more and more believable every passing day.
This campaign of character assassination is possible because of the idea that women are “easy targets”. From the very beginning, the society believes that women have to be non-confrontational, that they have to be passive, that they have to stay neutral to harassment. This difference between problems faced by men and the problems faced by women exist, and it is accompanied with tragic outcomes that usually involve violence against women and deterioration of physical and mental health of women.
The day criticism on both sides of the gender scale is homogenous, would be a day of incredible celebrations and joy.
Generally, however, these issues affect journalism on a whole. Women for these reasons have stopped covering or presenting their opinions on the internet. It has narrowed the scope of intellectual discussion. In many senses, journalism is what’s supposed to take a society forward. To provide a society new topics to debate over. To bring up ideas that haven’t been talked about before and spark up discussion, inviting opinions and getting through to the public. Journalism is not only supposed to spark a debate amongst the educated, but also educate the uneducated. All of this stops when we as a society stop inviting opinions. It stops when women are harassed on and off the internet for presenting their opinions, even worse, for just being a woman.
Mohammad Owais Sabri is an Alevels student at LACAS
August 28, 2019 - Comments Off on 66 women’s rights, human rights, digital rights and feminists groups endorse statement on internet blackout in Kashmir
We, a coalition of 66 women's rights, human rights, digital rights and feminists groups, condemn in the strongest possible terms the blatant violation of the right to freedom of expression, access to information, movement and peaceful assembly by the Indian government through a blanket network and internet shutdown in Jammu and Kashmir since the evening of August 4, 2019. We believe that access to communication networks, including the internet, is a fundamental human right and the current media blackout is tantamount to silencing the voices of millions of residents in Jammu and Kashmir.
We recognise that the current situation is not an aberration, it is rather part of a systematic effort by the BJP-led government to silence and exclude dissent from the region: the current internet and network shutdown is part of larger pattern of regular shutdowns in the disputed region; in 2019 alone 51 internet shutdowns have been imposed in Jammu and Kashmir. The right to access communication networks is an important prerequisite to the exercise to other democratic and fundamental rights, the people of Jammu and Kashmir have been systematically denied these rights.
It worries us that the latest shutdown has been expanded to block all communication, landline phones and cable TV in addition to the internet. Since August 4, 2019 there has been a complete media blackout on information inside and outside the conflict-ridden valley, in violation of Article 19 of the International Covenant on Civil and Political Rights (ICCPR), which has been ratified by India:
“Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.”
The humanitarian impact of this blackout is palatable as family members have been unable to reach their loved ones inside Jammu and Kashmir. Freedom of movement has also severely restricted as curfew imposed under section 144 to stop movement during the day. These restrictions have thwarted the access basic services such as emergency medical care--the human cost of this blackout is immeasurable. Businesses in the region have suffered irreparable losses, devastating the local economy. 5,000 arrests have been made in a clampdown since the communications blackout started.
This communication blackout has been instrumentalized to remove a provision (Article 370) of the Indian Constitution that directly impacts the autonomy of the people of Jammu and Kashmir. We are extremely concerned that the pairing of the blackout with the passage of the constitutional amendment points towards a dangerous and draconian approach to democratic decision-making--the people of region cannot express their opinions regarding the decision and possibly have no way of knowing that the legal status of their home has drastically changed. We believe that communication networks during times of conflict and political turmoil are important to prevent further human rights violations and arbitrary measures. Given the excesses of the Indian army in the past, the lack of information and reporting from the region is extremely concerning.
We also condemn the uneven application of community guidelines and content regulation by social media companies such as Twitter to silence users critiquing the official narrative of the Modi-led Indian government and amplifying the voices of Kashmiris on the ground. According to estimates, more than 200 Twitter accounts have been suspended for posting about Kashmir. Furthermore notices have been sent to Twitter users for allegedly “violating the laws of India”. At a time when voices of people from the region are being systematically excluded, these suspensions and notices amount to gross negligence on the part of social media companies.
The United Nations has termed this communications blackout as “unprecedented”, “disproportionate” and constituting “collective punishment”. David Kaye, the UN’s special rapporteur on freedom of expression, stated: “I can’t recall a situation where there has been a total blackout of not only the two-way, multi-point communication systems that we are familiar with now – anything on the internet, WhatsApp etc – but also the one-direction communications like TV”.
We urge that urgent and strict action be taken by the international community to address the international law violations. We demand that the blanket ban on communication network be lifted with immediate effect. We stand in solidarity with the people of Jammu and Kashmir in their legitimate struggle for the right to determination.
August 28, 2019
Signatories:
Asma Jahangir Legal Aid Cell (AGHS) ASR Resource Centre Association for Behavior and Knowledge Transformation (ABKT) Aurat Foundation Aurat Haq Aurat March Karachi Aurat March Lahore AwazFoundationPakistan: Centre for Development Services Baidarie Balochistan Media Association Beaconhouse National University Feminist Community Bolo Bhi, Pakistan Bonded Labour Liberation Front (BLLF) Center for Artificial Intelligence Center for Cyber Security Pakistan Center for Cyber Security Pakistan Centre for Social Justice Channan Christian Muslim Peace Combine FiOS Courting the Law, Pakistan Damen Support Programme DCHD Digital Rights Foundation (DRF), Pakistan Farmers Development Organization FDO Pakistan Freedom Network Girls at Dhabas Human Rights Commission of Pakistan Human Rights Defenders United for Digital Rights Institute for Peace and Secular Studies Institute of Research, Advocacy and development (IRADA), Pakistan Internet Policy Observatory Pakistan Internet Policy Observatory Pakistan Joint Action Committee Khwendo kor Media Matters for Democracy Minorities Rights Watch Network of Women Journalists for Digital Rights Omar Asghar Khan Foundation Pakistan Press Foundation Participatory Welfare Services - PWS Participatory Welfare Services, Layyah Peasants women society Pakistan Quetta City Live Shirkat Gah - Women’s Resource Centre Social Action Transformation of Humanity (SATH Pakistan) South Asia Partnership - Pakistan SPACE (Sufism for Peace & Co-existence) Sungi Takhleeq Foundation
Tehrik-e-Niswan The Cecil & Iris Chaudhry Foundation (CICF) The SAWERA Foundation
War Against Rape (WAR), Lahore WISE Women Action Forum Hyderabad Women Action Forum Islamabad Women Action Forum Karachi Women Action Forum Lahore Women Democratic Front Women’s Regional Network Youth Observatory Pakistan
International Organisations
Afro Leadership Cameroon Bloggers Association of Kenya (BAKE) Freedom Forum Nepal Internet Sans Frontières NetBlocks
August 5, 2019 - Comments Off on July 2019: DRF team and CFWIJ met with Minister of Human Rights regarding online harassment of journalists
The DRF team, along with the Coalition For Women In Journalism (CFWIJ) met with the Minister of Human Rights, Shireen Mizari, to discuss online harassment and disinformation campaigns against journalists in Pakistan on July 11, 2019. The Minister was briefed on threats faced by journalists in online spaces and urged the Minister to take concrete steps to tackle them. The honourable Minister assured the delegation that steps will be taken soon, particularly in the form of a journalist safety bill. Click here to read more details about the meeting.
Tech Camp at Lincoln's Corner
DRF conducted a one day workshop at Tech Camp in collaboration with Lincoln’s Corner with 25 students on 9th July. The training covered various topics like cyber harassment, fake news, gender and privacy, digital security and online safety. The fruitful session engaged with participants of the tech camp and also resolved their queries in how they view the current cybercrime legislation and the need for a data protection law in the country. Team DRF really enjoyed delivering the session with such an enthusiastic audience.
Hamara Internet Workshop with lawyers in Quetta, Peshawar and Islamabad
Workshop in Islamabad
Workshop in Peshawar
DRF team and participants at the end of the workshop in Quetta
DRF in collaboration with our partners FNF conducted the Hamara Internet workshop ‘Our Right to Safe Online Spaces’ in Quetta, Peshawar and Islamabad. The session in Quetta took place on the 3rd of July with journalists and lawyers focusing on the current cyber crime legislation, fake news and online safety. The session in Peshawar took place on 22nd July and in Islamabad on 24th July with lawyers focusing on the current cyber crime legislation, data protection, cyber harassment and online safety.
Internal office training on digital safety
DRF conducted an internal training on digital safety in the office. The session was a refresher for the team about the existing safety practices one should adopt on devices and on social media. The training also focused on the existing IT policy and how the policy can be improved ahead. The team expressed interest in conducting similar refresher training in the future.
Nighat Dad spoke on Aaj News regarding fake news
Nighat Dad spoke on Aaj News discussing the impact of fake news on individuals and how it can lead to possible defamation. Ms. Dad mentioned that if someone has been a victim of fake news, they can report it to the Federal Investigation Agency Cybercrime Wing, established in various cities across Pakistan, under the Prevention of Electronic Crimes Act 2016. She also shed light on the fact that while there is a law, the majority of the people do not have any awareness regarding it or how to use the law in their favor. Click here to view the video.
Nighat Dad spoke about FaceApp on Samaa News
Nighat Dad spoke on Samaa News and expressed her concern over people using FaceApp, a Russia-based app which went viral in 2017 but this time it is catching on because of a filter that makes users look older or younger. She said that facial recognition is used by companies and governments across the world for different reasons and it is worrisome to see that the data of millions of users is being collected through an application, with no reference to where the data is collected and how it is being used. Click here to watch the video.
One-day digital safety training in collaboration with DCHD in Lahore
DRF in collaboration with Democratic Commission for Human Development (DCHD) organized a one-day digital security training for Human Rights Defenders (HRDs) on 12th July 2019 in Lahore. DRF was responsible for preparing and conducting the training according to the needs of the HRDs. The workshop was host to 24 HRDs and Child Rights Activists, who have been associated with DCHD through the Pakistan Human Rights Defender Network, Child Rights Education Program and other Human Rights Security trainings and programs.
One-day digital safety training in collaboration with Sindh Human Rights Defender Network
DRF conducted a one-day digital safety training in Karachi with Sindh Human Rights Defender Network. The training was held on 15th July and the participants consisted of lawyers, journalists, HRDs etc. The aim of the training was to make the participants understand why and how they should protect themselves in the online world, since they use devices for their work even more now. The training was also intended to make participants capable of protecting their devices and their valuable data from any malicious activity offline or online.
Members of Network of Women Journalists for Digital Rights continued to pen blogs
Members of DRF's Network of Women Journalists for Digital Rights continued to share articles and blogs on digital rights issues which can be found on the Hamara Internet website here. The Network advocates for women and other minority groups to have safe access to online platforms, where they can exercise their constitutional right of free speech without facing constant threats. The Network members pen articles to document these threats, bring forward issues in the implementation of legislation to prevent and protect women journalists from gender-based discrimination and sexual harassment both online and offline and also advocate their access to effective remedies.
August 5, 2019 - Comments Off on A beginner’s guide to cybercrime and ways to ensure protection against it
Cybercrime is defined as an activity in which a computer or other electronic networking device is involved in an illegal activity for pursuing financial or personal gain. A cyber criminal is someone who uses a digital device to gain access to a person’s personal information, confidential business information, government information or disable a device through illegal means among other activities. A majority of cases of cybercrime involve hacking and exploiting/blackmailing personal data of an individual or a company and selling/disseminating it online for financial or other reasons.
The types of cybercrime:
Under the new cybercrime law Prevention of Electronic Crimes Act 2016, here are a list of cybercrime acts under the law marked as illegal:
Unauthorized access to information system or data (PECA s.3)
Glorification of an offence or encouraging that offence (PECA s.9)
Coercing, intimidating, a sense of fear, panic and insecurity to ignite sectarian or ethnic hatred shall be punished with imprisonment for long term and a fine of 10 million rupees (s.10 of PECA)
Use of internet services or software to defraud individuals or defame them (s.14 PECA)
Intentionally spreading false information about a person which is known to be false and is exploiting the privacy and safety of the given individual (s.20 PECA)
Intentionally and publicly exhibiting sensitive images and videos of an individual to harm their reputation or financial gain, blackmail, hatred shall punish the perpetuator with a jail term for 5 years or longer. (S.21 PECA)
Intentionally producing, offering, or making available sexually explicit conduct of a minor without lawful justification (s.22, s.24 PECA)
If you or an individual you know is facing harassment, intimidation or blackmail online, then here is a list of ways you can report to the authorities and bring the harasser to justice:
Cyber harassment helpline by DRF: 0800-39393
Register a complaint with your nearest cybercrime unit of the FIA (National Response Centre for Cyber Crime) by submitting a written application along with printed copies of evidence.
The CPLC (Citizens Police Liaisons Committee) has set up a women’s complaint cell aimed at dealing with issues such as harassment, stalking and blackmail around the country. You can reach out to them using their phone number 1102, 021-35662222, 021-35682222.
Madadgar National Helpline deals with helping women suffering from violence. You can reach out to their helpline service: (+92) 1098.
If you are experiencing mental health issues due to online harassment you can seek psychological help at Rozan: 0800-22444.
Mahnoor jalal is currently doing her major in Liberal Arts from Beaconhouse National University
July 26, 2019 - Comments Off on Data Protection Legislations around the world
When the General Data Protection Regulation (GDPR) was signed in 2016 (and ratified in 2018), it replaced the ancient law regarding data protection which was signed in 1995. It can be appropriately referred to as ancient because in today’s world, the pace at which new technology is surfacing is both astonishing and hard to keep up with. For example, in 1995 (when the EU passed its previous data protection law), Google was not even registered as a domain name. This shows just how quickly the technological landscape is evolving and with every new discovery, come new threats to the privacy of the citizen. Actions that were never thought to be possible are possible today and they pose a huge threat to individuals’ privacy.
Keeping in mind all the problems mentioned, the GDPR is considered by many to be the “Gold Standard” of data protection laws around the world. It keeps in mind many problems that have been swept under the rug before including audit trails of consent, the right to be forgotten (conditional) and unconditional adherence to the law itself disregarding where the organization in question originates from.
With all that said, the GDPR is only implemented in the EU. The situation of data protection in the rest of the world varies greatly. Some countries have data protection laws that match up to the GDPR while some countries don’t even have a legislation catering to the privacy of its citizens. The countries proven by the EU to have an adequate data protection legislation are:
Argentina
Australia
Japan
New Zealand
The entire EU (Since the United Kintgdom still hasn’t exited the EU, the data inside the UK is protected by the GDPR)
Uruguay
Some countries have legislation that is considered partially adequate by the EU. Those countries are:
Canada
USA
A lot of countries have data protection laws but they are considered inadequate in the modern times by the EU. Those countries are:
Angola
Bahamas
Benin
Bhutan
Bolivia
Burkina Faso
Chad
Chile
China
China
Colombia
Costa Rica
Dominican Republic
Equatorial Guinea
Gabon
Ghana
Hong Kong
India
Indonesia
Iran
Israel
Ivory Coast
Jamaica
Lesotho
Madagascar
Malavi
Malaysia
Mali
Mexico
Morocco
Nepal
Nicaragua
Nicaragua
Niger
Oman
Paraguay
Peru
Peru
Philippines
Russia
Senegal
South Africa
South Korea
Taiwan
Trinidad and Tobago
Tunisia
UAE
Vietnam
Yemen
Zambia
Any country that isn’t mentioned in the list above either doesn’t have a data protection law or doesn’t have any data regarding its legislation. However, a few countries are in the legislation making process and they may have a data protection law in the near future. These countries include:
Brazil
Ecuador
Honduras
Iraq
Jamaica
Jordan
Kenya
Nigeria
Pakistan
Panama
Tanzania
Thailand
Togo
Uganda
Zimbabwe
Mohammad Owais Sabri is an Alevels student at LACAS
July 24, 2019 - Comments Off on DRF at the conference on “Standing Up against Online Harassment of Women Journalists – What works?” at UNESCO Headquarters, Paris
Digital Rights Foundation’s (DRF) Executive Director, Ms. Nighat Dad, attended the conference “Standing up against online harassment of women journalists - What works?”, organized by members of the Group of Friends for the Safety of Journalists in cooperation with the UNESCO Communication and Information Sector on 18th June. The event followed decisions by UNESCO’s 39th General Conference and the 206th Executive Board that called upon UNESCO to reinforce and prioritize activities aimed at addressing the specific threats to the safety of women journalists, both online and offline. Online harassment is a growing and ubiquitous problem faced by women journalists around the world. Several studies have demonstrated the psychological distress and impact of threats, violence and abuse to women journalists’ work and health, which affects gender equality but also freedom of expression and diversity in the media.
The event brought together over 200 member state representatives, journalists and legal professionals to explore new ways to reinforce the safety of women journalists. Ms. Dad, while talking about the practical and legal measures to tackle online harassment of women journalists, pressed the need for more accountability from social media platforms such as Twitter and Facebook, where abuse against women journalists is rampant.
DRF at RightsCon 2019
DRF team attended RightsCon 2019, a leading summit on human rights in the digital age, from 11th to 14th June 2019, in Tunis. DRF team was part of interesting debates around fake news, surveillance, data protection, gender and privacy. Nighat Dad, the Executive Director of DRF, spoke on various panels and discussions highlighting the state of digital rights in global south especially Pakistan. She also discussed the shrinking civil spaces online and offline, the explosion of data and decline of privacy in the region, and spurring challenges due to the emergence of new tools and technologies in Pakistan. She emphasized on social media companies to formulate such policies that grant security to citizens and their data in online spaces.
DRF laid special emphasis on mental health and the stressors involved with it in this field. DRF’s Program Manager, Jannat Fazal, hosted a session titled, ‘Where there is burnout there is no innovation: Managing stressors for a better physical and mental health’.The session focused on burnout and the factors of our work and culture reinforcing them. Ways to overcome systemic dispositions in activist community as well as in organizations were charted out to help participants in managing their stressors.
DRF at Privacy International Annual Meeting, London
DRF was represented by Executive Director Nighat Dad and Zainab Durrani at Privacy International’s Partners’ Meeting held in London between the 25th and 27th of June, 2019. This annual event consisted of a two-day workshop entitled ‘Building a sustainable Global Network’ with organizations from 15+ countries joining in.
The third day of the event was dedicated to the SIDA partner meeting wherein work being done by the partners on issues pertaining to gender, health and privacy were discussed, giving us the chance to learn from the varying trajectories of the other organizations involved and also allowing us to showcase and reflect on the themes and projects DRF engages in and strives to achieve.
DRF organized a five-day residency in collaboration with Pakistan-U.S. Alumni Network
To support a safer and healthier digital society in Pakistan, the Pakistan-U.S. Alumni Network (PUAN) in collaboration with Digital Rights Foundation (DRF) held a five-day master class in residence, “Creating Leaders for a Better Digital Society” in Lahore from 17th June to 21st June. This in-depth training program provided 36 alumni of U.S. government exchange programs from across Pakistan with the necessary tools and skills in digital literacy and citizenship to become leaders in creating a better digital society.
U.S. Consul General Colleen Crenwelge, who spoke with the participants on the last day of the workshop stated, “The U.S. government is delighted to support the Digital Rights Foundation’s efforts to inform the public about online rights and responsibilities.”
Nighat Dad talks about online hate speech on TRT World
Ms. Dad talked about online hate speech and whether tech companies can be trusted in the program, Roundtable, on TRT World. A conservative commentator who published a series of racist and homophobic attacks on YouTube, has been allowed to keep his platform. It is raised new questions about whether technology companies are sticking to their own rules on hate speech.
Ms. Dad talked about how hate speech in Pakistan is different as compared to hate speech in other parts of the world and that it is important to make tech companies realize this. She mentioned that hate speech in Pakistan, unfortunately, can have real life repercussions for people like activists and journalists who only have online spaces where they can exercise their right to speak, as offline spaces is already shrinking. Hence tech companies need to be vigilant and have better content regulation policies.
Session on Cyber Harassment at Fatima Memorial Hospital (FMH) College of Medicine & Dentistry
DRF conducted a session on cyber harassment on 27th June at FMH College of Medicine & Dentistry. There were 40 to 50 students present at the session and the discussion revolved around the types of harassment that exists online and how people can protect themselves from trolling and harassment online. A healthy debate on memes also took place and the students were sensitized about the detrimental consequences of making memes about someone.
DRF at the conference on ‘Is Propaganda Protected Speech?’, Netherlands
A conference took place in Hague, Netherlands on 28th June where it was discussed if state-sponsored disinformation is a protected form of free speech or not and the available recourse when it harms people and institutions. Ms. Nighat Dad attended the conference and spoke on a panel, “Digital and Civic Solutions”. The panel took an in-depth look at the phenomena of state-sponsored disinformation campaigns, how they shape the contemporary information space, the use of social media platforms, the impact of false accounts and bots that have become prevalent and served as amplifiers for state-run media storylines. Ms. Dad also shared her experience of operating on this new digital-media battlefield and discussed the impact of inauthentic digital content.
Members of Network of Women Journalists for Digital Rights continued to pen blogs
Members of DRF's Network of Women Journalists for Digital Rights continued to share articles and blogs on digital rights issues which can be found on the Hamara Internet website here. The Network advocates for women and other minority groups to have safe access to online platforms, where they can exercise their constitutional right of free speech without facing constant threats. The Network members pen articles to document these threats, bring forward issues in the implementation of legislation to prevent and protect women journalists from gender-based discrimination and sexual harassment both online and offline and also advocate their access to effective remedies.
Joint Statement on the Internet Shutdown in Rakhine and Chin States by DRF and Other Civil Society Organizations
Internet shutdown was imposed in conflict-affected areas of Rakhine and Chin States on 21st June 2019 by the Myanmar authorities. The shutdown had created an information black hole in those areas and DRF, in collaboration with other civil society organizations, released a joint statement condemning this act without prior notice. The statement also read “The UN Human Rights Council has repeatedly adopted resolutions, most recently in 2018, identifying uninterrupted internet access as a fundamental enabler for the enjoyment of human rights”. Click here to read the full statement.
