Data breaches have been on the rise in both the public and private sectors in Pakistan, making it a serious issue. To address these breaches, Pakistan is seeking to establish a Digital Rights Protection Authority with the mandate to monitor social media platforms in Pakistan. To this end, the government has already begun a consultation process with all stakeholders. The main objective of pushing for the establishment of a Digital Rights Protection Authority is to advise the government on issues relating to the digital rights of stakeholders in a digitally connected global world, promote responsible internet usage and ensure compliance with regulations. It will also provide a way to investigate violations of social media laws.
It is therefore suggested that the authority should take primary input from all media companies in Pakistan to foster a positive digital ecosystem and regulate content on social media platforms. The Pakistani government has previously set up a cabinet committee tasked with consulting with media companies and other stakeholders on the establishment of a regular authority.
Similarly, the Prevention of Electronic Crimes Act (PECA) Amendment Bill 2024 related to the Digital Rights Protection Authority is also being pushed forward at the government level and will soon be presented in Parliament.The situation regarding data protection in Pakistan is even more alarming as the problem is not just technical deficiencies but the lack of a comprehensive data protection law.The recently submitted JIT report has alleged that sensitive and personal information of up to 2.7 million citizens was leaked from the National Database and Registration Authority (NADRA) between 2019 and 2023.
Pakistan’s social media landscape is quite volatile. Social media platform X has been blocked in Pakistan for over three months. Meanwhile, in the first half of 2018, Pakistan made more content restriction requests to Facebook than any other country in the world. When it comes to crimes on the internet, legal resources are limited and the law is vague. The country’s Electronic Crimes Act, adopted in 2016, gives the PTA sweeping powers to “remove,” “block,” or “issue blocking instructions” for content deemed “against the glory of Islam, against the integrity, safety, defence and public order of Pakistan, in contempt of court, against decency and morality, incitement to any public office.”
While the Prevention of Electronic Crimes Act, 2016, addresses electronic crimes including unauthorized access to personal data, it does not provide the robust legal framework required to protect sensitive information of its citizens, leaving Pakistan in a very shaky position with regards to digital protection laws. Pakistan currently glaringly lacks a comprehensive law on data protection. This gap in the legal system makes personal data extremely vulnerable and leaves no room for punishment for such violations.
The world is moving towards digitalisation and in this fast-changing world, social media has now become an integral part of our lives, with people sharing information every second. Leveraging social media wisely can help small business owners reach a wider audience and increase brand awareness. However, the landscape of social media laws in Pakistan is evolving. Many bills have been drafted and discussed in the past, but genuine efforts to take them forward are lacking. It is time for the government of Pakistan to focus on protecting the privacy of its citizens and ensuring data security. It is time for Pakistan to bring in regulatory measures to prevent such weaknesses in its digital protection laws by spurring the country’s policymakers into action. Avoiding this responsibility will only call into question the privacy freedom of individuals and hinder the country’s progress in both economic and security terms.
