The conundrums of attempting so cial media regulation Hamza Nizam Kazi

OPINION

Hamza Nizam Kazi

The conundrums of What these authorities are trying is to impose general regula tions on these spaces as law and implement them across the attempting social board without considering the dynamics and overall structure of these proposed policies and regulations. With the advent of technology and the latest gadgets and the world moving fast media regulation towards 5G, certain corners of the government and bureaucracy are in the dark ages where coaxial cable and landline was the need of the hour and without that, no communication can ever The rules being established for the take place. Controlling online social media including Facebook, internet belong nowhere other than Youtube, and other online platforms in this fast, rapidly growing in the dark ages world is fading the image of Pakistan as a progressive Islamic state, the whole basis on which this country came into being. In recent days, many policies and regulations regarding social media and national digital cable have been the talk of the town. Be it the proposed Pakistan Media Development Authority, the existing Pakistan Telecommunication Authority, Pakistan Electronic Media Regulatory Authority or the Ministry of Information Technology and Ministry of Information and Broadcasting - all of them have a part to play and are the center of any future policies. These laws, regulations, and policies are likely to pass and be implemented by the government and those standing firm against it would have no other choice to seek justice from the courts. In this situation, the powerful sector lobbying for these measures wins and people are to wait for justice and directions. Another aspect of implementing these online social media rules, media development authority provisions are through virtue of the operators that come under the direct supervision of the Authorities. Minister for Information and Broadcasting It is a well-known fact that whenever any government has Chaudhry Fawad Hussain last month said that the government tried to control the freedom of the press it has always backfired. had approved the National Digital Cable Policy 2021 for cable operators. However, no such cable policy is available anywhere on any website of the government or any authority. Coming back to the application of the social media rules, Hamza Nizam Kazi authorities have indirectly bound all the citizens who are using the services of these is a corporate and technology lawyer having experience operators whether you accept them or not. The operators are bound by their license conditions to implement any such directive provided thus the rules automatically trickle down to the end user. However, as the Peter Parker principle, a proverb popularized by in the telecom industry and the Spider-Man comic books written by Stan Lee, goes “With great power comes great advising digital startups. He can be reached on responsibility.” Do these Authorities have the capacity to be responsible for the amount of data that there is, or simply even pass the buck on to operators to install or implement such technology for storing and monitoring of the data? The question remains unanhamza.n.kazi@gmail.com swered. for advice on legal and regulatory issues pertaining Some of the absurd rules regarding online social media regulations are linked with the removal and blocking of unlawful online content (Procedure, Oversight and Safeguards). This means there would be rules that empower the authority to pass directions to the telecom sector and for complete blocking of the entire online system or removal or blocking of unlawful electronic media. online content within 6 hours to 24 hours, which are again the drastic powers assumed by the authorities under their control.

Social media rules require the publication of community guidelines by service providers, social media companies, and owners of any online data/Information. All the previous guidelines, if any, contrary to the community guidelines under the social media rules will stand null and void. These guidelines under social media rules will be in addition to the community guidelines, under any other provisions of the law or the respective licenses issued by the authorities.

In addition to this, the social media companies and service providers are to deploy a system and mechanism for identification, live streaming, and in this context, the rules require that the system of the service providers must be capable of identifying users who host, display, upload, modify, publish, transmit, update or- share any such online content that falls squarely into the category of unlawful content which is again the powers supposed to be with the authorities to interpret according to their wishes and whims. Essentially, if the authorities ask the social media company, they are bound by law to snitch.

With Amazon and other cloud service providers across the globe, another rule that belongs in the dark ages is that database servers are bound to record and store data of online content posted within the territorial boundaries of Pakistan for citizen data privacy. To top that, the companies are to establish one or more database servers in Pakistan within eighteen months of coming into force of these rules.

Further, the authorities can obtain any information or data or content or sub-content contained in any information system. This gives blanket approval to an authorized officer of a designated agency to obtain any data of any person/customer.

Another aspect that empowers the Authorities to control is always supporting the national exchequer. I am sure that there would be some logical explanation for this rule but the penalty on services providers’ failure to comply is up to Rs 500 million in case they fail to abide by the Act or the social media rules or indeed any other directions.

With relevant laws including The Federal Investigation Agency Act,1974, Pakistan Telecommunication (Re-organization) Act, 1996, Electronic Transactions Ordinance, 2002, Investigation for Fair Trial Act, 2013, Prevention of Electronic Crimes Act, 2016, Prevention of Electronic Crimes Investigation Rules, 2018, Pakistan Electronic Media Regulatory Authority Ordinance 2002, Pakistan Electronic Media Regulatory Authority (Amendment) Act, 2007 above all The Constitution of Pakistan all being intact and functioning, the question still hangs in balance that whenever any government has tried to control the freedom of the press it has always backfired. n

Coming back to the application of the social media rules, authorities have indirectly bound all the citizens who are using the services of these operators whether you accept them or not. The operators are bound by their license conditions to implement any such directive provided thus the rules automatically trickle down to the end user