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Chapter
1
Zip
it!
-‐
An
account
of
freedom
of
expression
online
Sadaf
Khan
The
press
in
Pakistan
is
no
stranger
to
state
censorship.
But
in
recent
years
the
domain
of
censorship
and
restrictions
on
speech
has
spread
and
now,
it
isn’t
just
the
press
that
is
subjected
to
declared
and
undeclared
censorship
policies
but
activists,
political
workers,
and
human
rights
defenders
are
all
increasingly
being
subjected
to
it.
Another
concern
is
that
citizens
may
begin
to
internalize
perspectives
that
justify
or
defend
the
suppression
of
truth
and
dissent.
Within
this
scenario,
the
development
of
a
truly
democratic
discourse
remains
impossible.
Introduction
The
year
2017
saw
the
disqualification
of
the
Pakistani
Prime
Minister
in
a
case
initiated
on
the
basis
of
an
investigative
journalism
project,
the
Panama
Papers.
The
Panama
Papers
and
their
political
fallout
became
a
key
factor
that
influenced
policy
decisions
regarding
the
regulation
of
journalistic
and
political
expression
in
the
country.
Multiple
laws,
including
the
controversial
cybercrime
law,
Pakistan
Electronic
Crimes
Act
2016
and
the
Anti
Terrorism
Act,
were
used
to
pressurize
journalists
and
human
rights
defenders.
There
were
various
incidences
of
journalists
and
politically
vocal
social
media
users
being
approached
and
intimidated
with
threats
of
legal
action.
Year
2017
also
saw
the
first
instance
of
mass
blocking
of
news
websites
along
with
multiple
social
media
platforms
as
the
government
desperately
attempted
to
keep
proceedings
of
a
public
protest
under
wraps.
Attacks
on
journalists
continued
and
expanded
to
include
journalists
who
work
primarily
for
digital
mediums.
In
addition,
there
were
also
instances
of
journalists
being
warned
to
cease
their
social
media
activity.
In
addition
to
the
punitive
use
of
laws
to
curb
expression,
there
were
also
multiple
instances
of
hate
speech
and
incitement
to
violence
against
those
engaged
in
dissenting
speech;
the
campaign
that
led
to
the
murder
of
a
university
student
Mashal
Khan
is
a
case
in
point.
This
chapter
outlines
the
key
threats
to
freedom
of
expression
that
emerged
in
the
year
2017.
Policy
&
Political
Background
Since
9/11
and
its
security
related
fallout
around
the
world,
Pakistan
has
maintained
a
political
narrative
that
holds
‘security’
as
a
prime
objective
achievable
only
through
a
compromise
on
certain
other
rights.
Over
the
years,
this
narrative
has
provided
justifications
for
blanket
censorship,
bans
of
social
media
platforms,
crackdowns
against
vocal
activists
and
media
entities,
and
network
disconnections.
It
has
also
received
support
from
a
significantly
sizeable
section
of
journalists
and
activists,
who
seem
to
have
internalized
its
principles.
Thus,
policies
and
actions
to
curb
freedom
of
expression
in
Pakistan
have
to
be
understood
within
a
political
landscape
that
promotes
the
sacrifice
of
some
liberties
to
ensure
security
for
all.
8
Year
2017
was
a
politically
significant
year
for
Pakistan
for
multiple
reasons;
most
significantly
because
of
the
general
elections
due
in
2018
and
the
political
aftermath
of
the
release
of
Panama
Papers.
Thus
the
government
was
involved
in
building
a
structured
narrative
against
digital
mediums,
in
particular
social
media
platforms
like
Facebook
and
Twitter.
From
statements
from
the
Ministry
of
Interior,
to
court
decisions
to
directives
from
Pakistan
Telecommunication
Authority,
PTA,
different
parts
of
the
legislative,
administrative
and
legal
systems
appeared
to
work
together
to
present
digital
media
as
a
persistent
threat
that
had
to
be
railed
in.
2017
–
moving
towards
silence
State
narratives
around
social
media
The
beginning
of
the
year
2017
was
demonstrative
of
the
direction
this
year
would
take
–
within
the
first
week
of
January
2017,
four
bloggers
went
missing1.
Within
days
of
the
bloggers’
disappearance,
social
media
posts
accusing
them
of
anti-‐state
and
anti-‐Islamic
activities
began
surfacing.
These
were
picked
up
by
the
mainstream
media
too.
There
was
fear
among
rights
activists
that
upon
return
the
bloggers
would
face
the
“wrath
of
zealots
who
want
instant
justice
for
blasphemers”2.
Ms.
Zohra
Yusuf,
Chairperson
of
the
Human
Rights
Commission
of
Pakistan,
HRCP,
also
saw
this
campaign
as
an
effort
to
‘lessen
sympathy’
for
the
bloggers
and
to
ensure
that
“when
the
bloggers
reappear,
there
could
be
a
charge
against
them”3.
A
charge
of
blasphemy
was
formally
levelled
against
them
through
a
petition
in
Islamabad
High
court,
IHC.
However
the
FIA
could
find
“no
evidence”
that
the
bloggers
were
engaged
in
blasphemy
and
the
IHC
stated
that
“the
trial
court
will
decide
if
this
was
a
case
of
false
accusation
or
lack
of
evidence”4.
In
March
2017,
during
the
hearing
of
a
related
case
Justice
Shaukat
Aziz
Siddiqui
of
the
Islamabad
High
Court,
IHC,
stated
that
blasphemy
through
social
media
is
“a
greatest
form
of
terrorism
and
people
involved
in
this
heinous
act
are
biggest
terrorists” 5
and
ordered
the
Ministry
of
Interior
to
“eliminate
access
to
blasphemous
content
on
social
media,
even
if
it
meant
blocking
“all
access
to
1
AFP
(2017).
Four
rights
activists
gone
missing
this
week.
[online]
DAWN.COM.
Available
at:
https://www.dawn.com/news/1307195
[Accessed
20
Apr.
2018].
2
Rumi,
R.
(2017).
Opinion
|
Bring
Pakistan’s
Missing
Bloggers
Home.
[online]
Nytimes.com.
9
social
media
platforms”6.
In
the
decision
of
Salman
Shahid
vs
Federation
of
Pakistan,
Justice
Shaukat
Aziz
Siddiqui
of
IHC
commented
that
government
should
try
to
initiate
action
to
permanently
shut
down
websites
and
pages
that
host
blasphemous
content7.
In
June
2017,
an
Anti-‐Terrorism
Court
handed
a
death
sentence
to
a
man
for
committing
blasphemy
over
Facebook.
This
sentence
was
given
under
Section
11W
of
the
Anti-‐Terrorism
Act
with
the
assertion
that
blasphemous
speech
could
‘whip
up
sectarian
hatred’8.
Blasphemous
online
content
remained
a
topic
of
debate
throughout
the
year
and
consequently
social
media
platforms
were
frequently
presented
as
anti-‐religious
forums.
In
fact,
the
government
actively
engaged
in
a
campaign
to
criticise
social
media
platforms.
The
Ministry
of
Interior
and
the
former
Minister
of
Interior
termed
social
media
anti-‐state
and
dangerous.
In
a
statement
issued
on
May
23,
2017
the
Interior
Minister
said,
“our
cultural
and
religious
values
are
under
attack
from
a
section
of
social
media”9.
The
statement
also
included
a
vow
to
ensure
that
“efforts
were
accelerated
to
track
internet
users’
activities
online
and
hunt
down
undesirable
elements”.
Intimidation
of
journalists
In
2017,
the
cyber-‐crime
law
PECA
was
used
as
a
tool
to
intimidate
and
harass
journalists,
activists
and
other
social
media
users
who
were
engaged
in
political
commentary
on
current
affairs.
The
Federal
Investigative
Agency,
FIA,
sent
notices
to
and
interrogated
various
journalists,
bloggers
and
micro-‐bloggers
who
were
accused
of
penning
anti
Army
content10.
The
choice
of
sections
of
the
law
used
to
charge
these
individuals
was
often
bizarre.
In
a
number
of
cases,
including
one
of
a
journalist
Zafar
Achakzai,11,
the
FIA
brought
charges
under
Section
21
of
PECA12
that
defines
offenses
against
modesty
of
a
natural
person
and
deals
largely
with
creation
and
abuse
of
sexually
explicit
images
to
intimidate
a
person.
In
other
cases
the
FIA
did
not
issue
formal
charges
and
was
6
Shahzad,
R.
(2017).
Blasphemy:
IHC
directs
authorities
to
block
all
social
media
if
necessary.
The
from
http://nation.com.pk/national/16-‐May-‐2017/fia-‐traces-‐12-‐websites-‐with-‐anti-‐army-‐
content
11
Shah,
S.
(2017).
Quetta
court
grants
bail
to
journalist
arrested
by
FIA
over
'anti-‐state'
social
10
allegedly
acting
under
orders
from
the
interior
ministry13.
This
was
one
of
the
few
cases
of
actual
arrests
but
in
2017
at
least
one
journalist
reported
he
was
picked
up
and
interrogated
for
his
social
media
activity14.
Following
a
similar
attempt
by
FIA,
another
journalist,
Taha
Siddiqui,
initiated
a
petition
in
the
Islamabad
High
Court.
The
journalist
was
initially
contacted
by
the
Counter
Terrorism
Department
of
the
agency.
During
the
course
of
the
court
hearing,
his
case
was
transferred
to
the
Cyber
Crime
Wing15
and
he
was
later
asked
to
visit
FIA
so
that
"technical
staff
may
scrutinize
his
account”.
This
is
against
the
procedure
defined
within
the
law,
which
requires
the
agency
to
acquire
a
warrant
before
any
such
logging
or
scrutinisation
can
take
place.
Siddiqui
has
since
escaped
an
abduction
attempt
and
relocated
to
France.
Hate
Speech
and
Incitement
Another
way
that
freedom
of
expression
online
was
threatened
was
the
use
of
structured
hate
campaigns.
In
such
cases
once
again
blasphemy
was
used
as
a
tool
of
incitement.
On
April
13,
2017
a
23
year
old
university
student,
Mashal
Khan,
was
murdered
by
a
violent
mob
charged
by
accusations
that
Khan
had
conducted
blasphemy
online16.
During
investigations
that
followed
the
brutal
murder,
it
became
clear
that
the
administration
of
Mardan
University
was
involved
in
provoking
the
violence
against
their
own
student17.
Fake
screenshots
were
used
by
the
perpetrators
to
incite
the
mob
that
killed
Khan
and
mutilated
his
dead
body.
Most
parties
within
the
government
were
not
only
reluctant
to
take
action
against
this
brutality
but
some
right
wing
parties
actively
tried
to
rile
up
the
public
sentiment
further
by
connecting
murder
investigations
with
possible
amendments
in
the
anti-‐blasphemy
law18.
Censorship
The
most
significant
incident
of
online
censorship
occurred
in
November
2017.
A
group
of
religious
parties
blocked
the
main
entry
route
to
Islamabad
and
the
13
Rasmussen,
S.,
&
Gillani,
W.
(2017).
Pakistan:
man
sentenced
to
death
for
blasphemy
on
Facebook.
the
Guardian.
Retrieved
1
October
2017,
from
https://www.theguardian.com/world/2017/jun/11/pakistan-‐man-‐sentenced-‐to-‐death-‐for-‐
blasphemy-‐on-‐facebook
14
Journalist
freed
after
‘torture’.
(2017).
DAWN.COM.
Retrieved
1
October
2017,
from
https://www.dawn.com/news/1344495
15
Journalist
Harassed:
Case
transferred
to
cyber
crime
wing
-‐
The
Express
Tribune.
(2017).
The
11
protest
threatened
to
turn
violent
and
ugly19.
The
protest
demonstration
labelled
the
Faizabad
Dharna
had
been
a
challenge
for
the
media
from
the
start.
Unofficial
advisories
to
news
channels
had
resulted
in
an
almost
total
blackout
of
the
proceedings
on
mainstream
news
channels.
As
a
result,
public
was
dependent
on
information
uploaded
and
shared
by
other
citizens
online.
As
the
protest
was
at
a
major
entry
point
to
Islamabad,
the
lack
of
information
had
a
direct
impact
on
the
commute
and
daily
routines
of
citizens.
Within
this
context,
the
government
eventually
issued
orders
to
block
news
channels,
news
websites
and
social
media
platforms20
in
a
desperate
attempt
to
keep
the
information
about
an
impending
police
operation
from
the
public.
The
only
explanation
came
from
Pakistan
Telecommunication
Authority,
PTA
that
stated,
“social
networking
websites
Facebook
and
Twitter
and
video-‐sharing
sites
YouTube
and
Dailymotion
would
remain
blocked
in
the
country
until
the
law
and
order
situation
improved”21.
Other
Issues
Pornographic
content
is
banned
in
the
country
and
falls
within
the
‘indecent
and
immoral’
restrictions
defined
in
the
Article
19
of
the
constitution
of
Pakistan.
In
2017,
the
crackdown
against
pornographic
content
continued.
However,
the
regulator,
PTA,
landed
in
controversy
over
an
ill-‐advised
decision
to
engage
a
fifteen
year
old
to
make
a
list
of
pornographic
websites
to
be
blocked.
The
teenager
Ghazi
Muhammad
Abdullah,
found
almost
780,000
adult
pages
in
six
months
calling
this
task
his
"religious
and
national”
duty22.
The
authorities
are
also
on
the
lookout
for
websites
linked
to
terrorism.
Media
reports
suggest
that
agencies
other
than
the
PTA
are
also
involved
in
monitoring
the
internet
for
terrorism
related
material.
In
July
2017,
the
Punjab
Safe
Cities
Authority
(PSCA)
reported
“684
objectionable
pages
and
IDs
of
both
Facebook
and
Twitter
during
its
strike
against
anti-‐state,
anti-‐social,
blasphemous
and
sectarian
warmongering
elements
on
social
media”23.
In
June
2017,
the
counter
terrorism
department
in
Sindh
had
also
identified
and
sought
action
against
“25
such
websites,
which
were
involved
in
spreading
religious
and
ethnic
extremism
and
terrorism”24.
19
Azeem,
M.
(2017).
Another
govt
deadline
to
vacate
Faizabad
falls
on
deaf
ears.
[online]
DAWN.COM.
Available
at:
https://www.dawn.com/news/1372774/another-‐govt-‐deadline-‐to-‐
vacate-‐faizabad-‐falls-‐on-‐deaf-‐ears
[Accessed
22
Apr.
2018].
20
Hussain,
J.
(2017).
News
channels
go
off
air,
Facebook
and
YouTube
blocked
in
parts
of
Pakistan.
situation
improves:
PTA
-‐
The
Express
Tribune.
[online]
Available
at:
https://tribune.com.pk/story/1568051/1-‐twitter-‐reacts-‐faizabad-‐crackdown/
[Accessed
22
Apr.
2018].
22
Crilly,
R.
(2012).
Pakistan
uses
teenage
boy
to
help
with
pornography
crack
https://www.thenews.com.pk/print/214986-‐684-‐social-‐media-‐IDs-‐objectionable
24
Ali,
I.
(2017).
CTD
seeks
ban
on
25
websites
spreading
‘terrorism,
extremism’.
DAWN.COM.
12
Despite
these
attempts,
various
websites
that
have
been
actively
involved
in
recruitment
and
spread
of
terrorism
or
ones
being
run
by
proscribed
organisations
are
still
operational.
In
May
2017,
an
investigation
by
the
country’s
oldest
English
newspaper
Dawn25
demonstrated
the
continued
presence
and
operation
of
these
organisations
online.
The
investigation
showed
that
these
organisations
“are
present
on
Facebook
in
the
form
of
hundreds
of
pages,
groups
and
individual
user
profiles”
and
enjoyed
a
collective
following
of
160,000
people.
The
investigation
also
found
that
the
contents
of
these
pages
largely
included
“hate
speech
directed
at
religious
minorities
and
other
members
of
society”.
Reflections
The
year
2017
has
been
a
year
of
concern
for
freedom
of
expression
activists
in
Pakistan.
From
the
disappearance,
torture
and
vilification
of
bloggers
and
activists
in
January
to
the
unprecedented
ban
on
news
websites
and
social
media
platforms
following
the
coverage
of
Faizabad
Dharna
in
November,
the
government’s
policies,
actions
and
narratives
have
steadily
created
obstructions
to
the
exercise
of
freedom
of
expression
online.
Looking
back
at
2017,
it
is
obvious
that
the
government,
political
parties
and
other
power
hubs
have
all
come
to
recognize
the
power
of
social
media
in
setting
political
narratives
and
challenging
the
status
quo.
The
response
to
this
recognition
has
been
one
of
fear
and
resistance.
In
the
election
year,
2018,
a
continuation
of
the
measures
that
were
tested
in
2017
is
already
being
witnessed.
This
might
be
an
attempt
to
control
the
political
narratives
being
built
and
challenged
on
social
media
platforms.
The
framing
of
social
media
platforms
as
anti
state
and
anti
religion
stand
to
have
a
direct
and
significant
impact
on
political
parties
using
these
platforms
for
their
election
campaigns.
It
is
unfortunate
that
political
forces
themselves
have
been
too
short
sighted
to
see
the
folly
in
their
approach
and
have
thus
been
complicit
in
the
creation
of
an
environment
that
threatens
democratic
discourse
in
the
country.
Breaking
the
status
quo
As
the
general
elections
approach,
it
is
important
for
all
stakeholders
to
play
their
roles
in
challenging
the
hurdles
to
the
exercise
of
freedom
of
expression
in
the
country.
To
ensure
that
the
policies
and
practices
governing
freedom
of
expression
in
Pakistan
adhere
to
the
human
rights
standards
and
democratic
requirement,
the
following
recommendations
should
be
considered;
i. Civil
society
actors
should
continue
to
document
curbs
to
freedom
of
expression
and
push
back
against
regressive
policies
and
practices
that
threaten
this
fundamental
right.
ii. Media
and
journalists
should
stand
united
against
attacks
on
journalistic
freedoms
and
cover
each
incident
with
an
intention
to
25
Haque,
J.,
&
Bashir,
U.
(2017).
Banned
outfits
in
Pakistan
operate
openly
on
Facebook.
DAWN.COM.
Retrieved
1
October
2017,
from
https://www.dawn.com/news/1335561
13
build
pressure
on
government
and
the
state
to
end
impunity
and
enact
policies
that
allow
requisite
journalistic
freedoms
in
the
country.
iii. Media
and
civil
society
actors
should
collaborate
to
initiate
measures
that
promote
awareness
amongst
the
masses
regarding
the
importance
of
digital
mediums
as
modes
of
expression,
so
that
public
pressure
can
be
built
for
progressive
policymaking
on
the
same.
iv. The
government
should
revise
policies
like
those
included
in
PECA
2016
that
allow
law
enforcement
and
other
authorities
to
misuse
their
powers
without
accountability.
v. Political
parties
should
recognize
the
importance
of
digital
and
social
media
and
ensure
that
their
manifestos
are
cognizant
of
the
importance
of
these
mediums
and
are
able
to
respond
to
the
challenges
that
hamper
political
and
democratic
discourse
on
these
mediums.
vi. All
stakeholders
should
engage
in
productive
dialogue
to
ensure
that
the
challenges
posed
by
social
media
platforms
and
alternate
information
sources
are
understood
and
tackled
collaboratively
and
to
ensure
that
each
stakeholder
is
working
towards
improving
the
practice
of
freedom
of
expression
online.
14
15
Chapter
2
Its
a
Private
Matter
Sadaf
Khan
and
Talal
Raza
Introduction
Pakistan’s
constitution
explicitly
recognizes
the
right
to
privacy.
The
article
14
of
the
constitution
confirms
that
“the
dignity
of
man
and,
subject
to
law,
the
privacy
of
home,
shall
be
inviolable”.
26
Furthermore,
Pakistan
has
also
ratified
international
covenants
including
International
Covenant
on
Civil
and
Political
Rights
(ICCPR)
and
the
Convention
on
the
Rights
of
the
Child
that
uphold
the
right
to
privacy.
Furthermore,
Pakistan
has
also
signed
Cairo
Declaration
on
Human
Rights
in
Islam
that
also
upholds
right
to
privacy.
27
With
the
rise
in
internet
penetration,
internet
users
are
increasingly
facing
challenges
to
their
privacy
in
the
form
of
data
breaches
and
data
loss.
Consumer
Data
has
never
been
more
vulnerable
in
Pakistan
than
today.
There
have
been
many
instances
where
consumer
data
was
compromised
and
exposed
owing
to
vulnerabilities
in
information
systems
of
corporations
and
government
agencies.
Yet,
no
substantive
measures
have
been
taken
to
protect
consumers’
data.
Unfortunately,
only
a
handful
of
data
breaches
reach
the
national
news
or
are
discussed
in
the
mainstream
media.
This
is
owing
to
the
sensitivities
attached
to
such
revelations.
However,
it
is
clear
that
personal
data
is
extremely
vulnerable
in
Pakistan.
The
problem
is
reflected
by
how
casually
data
gets
processed
to
track
down
the
exact
location
and
information
of
Individuals.
Policy
&
Political
Background
Pakistan
signed
the
open
government
partnership,
OGP
in
2017,
expressing
commitment
to
“transparency,
good
governance
and
fighting
corruption” 28 .
Among
the
commitments
made
as
a
part
of
the
OGP
workplan,
the
ministry
of
information
technology
also
committed
to
table
data
protection
law29
in
the
national
assembly.
The
workplan-‐
that
is
yet
to
be
made
public 30
and
the
ministry
is
lagging
behind
schedule
on
the
initiation
of
public
consultations
on
drafting
the
bill.
26
Privacy
International,
Stakeholder
Report
Universal
Periodic
28th
Session:
The
Right
to
Privacy
in
the
Islamic
Republic
the OGP workplan and has submitted recommendations before the finalization of these commitments.
16
The
lack
of
a
data
protection
law
is
not
the
only
policy
challenge
that
affects
the
privacy
rights
of
citizens
of
Pakistan.
The
Prevention
of
Electronic
Crime
Act
2016,
PECA2016,
doesn’t
contain
appropriate
protection
mechanisms
for
citizens.
On
the
other
hand,
PECA
does
create
space
for
abuse
of
power
by
authorities
by
defining
a
mechanism
for
real
time
surveillance
that
has
been
substantially
weakened
from
the
mechanisms
originally
defined
in
the
Right
of
Fair
Trial
Act.
Instead
of
strengthening
a
sense
of
data
protection,
PECA2016
appears
to
further
compromise
it.
For
example,
under
PECA2016,
it
is
mandatory
for
telecom
and
internet
service
providers
to
retain
data
for
at
least
90
days,
but
does
not
define
any
SOPs
regarding
the
safeguard
of
this
data
from
theft
or
misuse.
Although
the
Ministry
of
Information
Technology
and
Telecom
in
Pakistan
insists
that
there
are
sections
in
the
legislation
that
prevented
misuse
of
data.
One
official
shared
that
the
section
41
of
the
PECA
prevented
misuse
of
personal
data.31
According
to
section
41
of
PECA,
any
service
provider/authorized
officer
(of
FIA)
will
be
imprisoned
for
three
years
or
fined
up
to
one
million
Rupees,
or
both,
for
unlawfully,
and
without
consent,
disclosing
data
containing
a
person’s
personal
information,
with
the
“intent
to
cause
or
knowing
that
he
is
likely
to
cause
harm,
wrongful
loss
or
gain
to
any
person
or
compromise
confidentiality
of
such
material
or
data.”32
However,
this
provision
does
not
comprehensively
address
the
issues
related
to
data
protection
and
does
not
set
up
any
autonomous
body
to
investigate
data
breaches.
Rather,
it
is
the
Federal
Investigation
agency
that
will
deal
with
data
breach
just
like
any
other
crime.
Digital
data
safety
–
an
oxymoron
in
Pakistan?
In
2017,
we
have
witnessed
multiple
instances
where
the
state
or
private
entities
like
telecom
operators
and
banks
faced
data
thefts
and
leaks
and
were
able
to
get
away
without
any
legal
repercussions
or
even
without
having
to
inform
the
customers
about
the
exact
nature
of
these
leaks.
Pakistani
consumers’
data
and
foreign
entities
One
of
the
biggest
privacy
related
scandals
of
2017
was
the
resurfacing
of
a
2011
WikiLeak
that
disclosed
that
UK
and
US
governments
might
have
had
access
to
the
citizen’s
data
held
by
National
Database
and
Registration
Authority,
NADRA33.
Assange
claimed
that
“a
front
company,
the
International
Identity
Services,
was
set
up
in
the
UK
and
hired
as
consultants
for
NADRA
to
“squirrel
out
data
for
all
of
Pakistan”34.
31
MOITT
Senior
official,
personal
communication,
October
25,
2017.
32
Parliament
of
Pakistan,
The
Gazette
of
Pakistan
(Islamabad:
Parliament
of
Pakistan,
2016),
765.
33
Propakistani.pk.
(2017).
US
and
UK
Had
Access
to
NADRA
Database:
Wikileaks.
[online]
Available
at:
https://propakistani.pk/2017/06/07/us-‐uk-‐access-‐nadra-‐database-‐wikileaks/
[Accessed
4
May
2018].
34
The
Express
Tribune.
(2017).
WikiLeaks
tweets
reminder
that
'US
and
UK
had
stolen
NADRA
17
WikiLeaks
also
claimed
that
then
Prime
Minister
Yusuf
Raza
Gilani
allegedly
suggested
this
route
to
make
citizen’s
private
data
available
to
the
U.S.
without
potential
embarrassment
to
his
party,
the
Pakistan
Peoples’
Party.
NADRA
has
issued
a
statement
in
2011
denying
these
allegations
and
stated
its
database
“cannot
be
replicated
or
shared
with
any
country
or
entity
no
matter
what
the
individual’s
authority
or
position
requesting
to
compromise
NADRA
records
is”35.
However,
there
have
been
multiple
instances
where
claims
of
access
to
and
hacking
of
NADRA’s
data
have
been
made
by
local36
and
foreign
hackers 37 .
NADRA
also
faced
allegations
of
having
“shared
database
of
millions
of
Pakistanis
with
a
private
company
that
was
awarded
a
contract
in
2009
for
the
issuance
of
the
National
Smart
Card
Foreigner
Identity
Pakistan
(NICOP)
and
Pakistan
Origin
Card
(POC)
in
the
UK
and
Europe”38,
however
all
allegations
were
officially
denied.
What
is
problematic
in
this
context
is
a
lack
of
a
mechanism
through
which
citizens
can
formally
request
access
to
details
about
these
allegations
that
result
in
a
complete
lack
of
transparency
and
accountability.
Another
blow
to
Pakistani
consumers’
data
privacy
came
in
the
shape
of
a
reveal
by
Hacker
group
ShadowBrokers,
who
revealed
“information
detailing
how
the
agency
[NSA]
accessed
private
and
public
networks
in
other
countries”39.
The
data
showed
how
NSA
accessed
and
monitored
Mobilink
consumers’
data
in
Pakistan.
Mobilink’s
chief
technical
Officer
Khalid
Shehzad,
talking
to
the
media
on
the
issue
simply
said
that”
the
NSA
leaks
were
related
to
Mobilink
and
referred
to
2006
and
had
no
implications
today.”40
The
assertion
that
simply
because
the
information
that
surfaced
in
2017
relates
to
a
data
security
breach
that
occurred
in
2006
is
irrelevant
is
astounding
and
alarming.
https://tribune.com.pk/story/1429538/wikileaks-‐tweets-‐reminder-‐us-‐uk-‐stolen-‐nadra-‐
records/
[Accessed
4
May
2018].
35
Tikhonova,
P.
(2017).
The
U.S.
And
U.K.
Stole
Data
Of
Pakistan
Citizens
[ANALYSIS].
[online]
at:
https://digitalrightsfoundation.pk/wp-‐content/uploads/2017/06/NADRA-‐breaches-‐
Infographic-‐Updated.pdf
[Accessed
4
May
2018].
39
The
Express
Tribune.
(2017).
NSA
hacked
Pakistani
mobile
networks:
WikiLeaks
-‐
The
Express
18
ATM
skimming
and
loss
of
banking
data
ATM
skimming
i.e.
the
theft
of
financial
data
of
ATM
users
remained
an
issue
all
through
2017.
In
most
cases
Chinese
hackers
were
found
to
be
involved
in
the
skimming
scandals.
A
number
of
skimming
incidents
occurred
in
Karachi
and
the
FIA’s
cybercrime
wing
initiated
investigations
following
“complaints
by
the
Habib
Bank
Limited
which
acknowledged
that
around
600
customers
across
the
country
have
lost
close
to
Rs.
10
million
in
the
cyber
attack.”41
Following
these
incidents,
a
number
of
Chinese
nationals
were
arrested
for
installing
skimming
devices
and
running
related
networks42.
In
an
interview
with
Digital
Rights
Monitor,
Imran
Saeed
Rana,
the
deputy
director
of
FIA
and
officer-‐in-‐charge
of
National
Response
Center
for
Cyber
Crimes
Rawalpindi
and
Islamabad
shared
that
“there
has
been
an
increase
of
50.3%.
He
further
said
that
in
the
year
2016,
375
million
transactions
were
made
through
ATMs
in
Pakistan
of
nearly
4.3
trillion
rupees,
out
of
which
35,000
transactions
were
“bogus”
which
resulted
in
a
loss
of
half
a
billion
rupees.”43
Speaking
to
Digital
Rights
Monitor,
a
consumer
of
Habib
Bank
,
one
of
the
banks
worst
hit
by
the
ATM
skimming
racket,
said
that
her
ATM
card
had
been
disabled
by
the
bank
following
the
attack.
She
said
that
the
bank
simply
informed
the
customers
that
they
were
investigating
a
data
leak
and
ATM
cards
that
had
been
previously
used
in
any
of
the
hacking
locations
were
being
disabled
as
a
caution.
However,
there
was
no
clarity
on
the
nature
and
extent
of
the
threat
and
the
bank
remained
ambiguous
about
the
measures
being
taken
to
protect
consumer
data
in
future.
Banks
were
not
the
only
corporate
entities
which
showed
a
disregard
for
consumer’s
right
to
know
with
regards
to
the
privacy
and
possible
compromise
of
their
data.
Corporates
and
companies
escape
liability
in
cases
on
consumer
data
breaches
Digital
Rights
Monitor
reported
about
a
cyber
attack
at
Telenor,
one
of
Pakistan’s
biggest
telecom
operators.
According
to
sources
within
Telenor,
employees
of
the
Telecommunication
giant
received
an
email
with
the
subject
line
“confidential”.
The
email
informed
the
recipients
that
“the
attachment
was
a
new
policy
guideline
from
Ministry
of
Information
Technology
[MOITT]
regarding
IT
41
The
Express
Tribune.
(2017).
Beware
-‐
hackers
are
going
after
ATMs
in
Pakistan
-‐
The
Express
19
security.
As
soon
as
the
recipient
clicked
on
the
attachment,
the
embedded
trojan
code
automatically
forwarded
the
email
to
contacts
within
Telenor
using
the
recipient’s
email
address.
The
sources
also
revealed
that
as
a
result
of
clicking
on
the
attachment,
numerous
computers
were
infected.
Sources
also
shared
that
the
victim’s
social
and
email
accounts
were
all
compromised
while
the
trojan
was
able
to
retrieve
data
from
the
computers,
simultaneously
installing
a
key-‐logger
in
the
process.”44
While
multiple
sources
within
Telenor
confirmed
this
attack,
Telenor
Pakistan’s
Director
Corporate
Communications
Areej
Khan
only
said
that
some
“unusual
activity
on
some
of
our
personnel
machines”
was
reported
and
that
the
company
had
taken
“all
necessary
actions”.
Once
again,
none
of
the
Telenor
consumers
were
informed
about
this
incident
and
had
no
knowledge
that
their
data
might
have
been
compromised
in
this
security
breach.
This
callous
attitude
of
corporate
entities
towards
consumer
data
has
been
documented
across
sectors.
Last
year,
property
dealing
giant
zameen.com
and
Pakistan’s
most
popular
online
car
retail
space
PakWheels45
had
also
suffered
data
thefts
that
compromised
consumer
data,
but
did
not
have
to
face
any
legal
consequences
for
their
failure
to
protect
customer’s
information.
This
lack
of
legal
structure
to
protect
consumer
data
and
hold
data
hosting
companies
and
corporates
liable
has
led
to
an
extremely
careless
attitude
towards
consumer
data.
A
DRM
investigation
into
the
protection
/
privacy
of
data
held
by
call
centres
of
fast
food
giants
like
KFC,
McDonald
and
Pizza
Hut
revealed
that
it
is
extremely
easy
for
anyone
to
access
sensitive
information
like
home
and
office
addresses
saved
with
food
delivery
hotlines46.
The
government’s
indifference
towards
consumer
data
is
also
apparent
in
the
fact
that
there
are
no
efforts
being
made
at
the
state
level
to
raise
public
awareness
about
the
implications
of
data
thefts.
Meanwhile,
the
government
itself
has
issued
warnings
within
its
own
quarters
advising
against
the
“use
of
social
media
applications
especially
“WhatsApp”
as
they
sent
user
information
without
their
intervention
to
abroad
servers.47
The
question
of
illegal
access
by
state
agencies
44
Raza,
T.
(2017).
Telenor
Pakistan
comes
under
a
cyber-‐attack;
the
extent
of
damage
remains
20
The
question
about
data
theft
and
illegal
data
access
by
state
agencies
is
difficult
to
document.
MMfD
team
members
came
across
a
number
of
anecdotes
where
in
journalists
and
political
workers
claimed
that
they
had
been
harassed
by
FIA
and
made
to
hand
over
access
to
their
digital
communication
devices,
however,
neither
did
they
take
any
legal
action
against
this
abuse
of
power,
nor
were
these
incidents
reported
in
the
media.
Given
the
history
of
abuse
of
power
within
Pakistan’s
law
enforcement
agency
and
the
fact
that
the
Prevention
of
Electronic
Crimes
Act,
2016,
does
not
include
necessary
and
effective
provisions
for
data
protection,
the
chances
of
these
allegations
being
true
are
high.
One
of
the
rare
cases
that
were
reported
was
of
journalist
Taha
Siddiqui
who
was
approached
by
the
FIA’s
counter
terrorism
wing
in
May
2017,
initially
without
a
written
order.
The
journalist
initially
received
a
phone
call
directing
him
to
appear
in
FIA
headquarters
for
interrogation.
He
was
also
instructed
to
bring
his
devices.
He
refused
on
the
basis
of
irregularity
of
this
notice
and
eventually
filed
a
petition
in
Islamabad
High
Court.
All
in
all,
the
record
of
irregular
and
/or
illegal
access
to
digital
data
by
law
enforcement
agencies
using
PECA2016
is
still
largely
anecdotal
and
difficult
to
substantiate.
Is
the
establishment
of
a
Privacy
Commission
the
answer?
The
situation
is
well
reflective
of
the
need
to
set
up
an
independent
privacy
commission
that
has
the
independence
and
authority
to
tackle
threats
to
citizen’s
privacy.
However,
this
is
not
going
to
be
an
easy
challenge.
Challenges
to
the
establishment
of
Privacy
Commission
in
Pakistan:
One
of
the
biggest
challenges
to
establishment
of
Privacy
Commission
in
Pakistan
is
the
complete
lack
of
sole
data
protection
legislation,
on
which
the
Commission
would
be
able
to
work
against.
.
Although,
the
government
made
open
promises
to
introduce
such
law,
to
both
parliamentarians,
and
to
civil
society,
the
realities
are
different.
Recently,
Senator
Farhatullah
Babar
gave
an
interview
in
which
he
noted
that
the
government
had
promised
introducing
data
protection
law
within
six
months
after
enactment
of
cybercrime
act.
Although,
the
cybercrime
act
(PECA)
came
into
effect
in
August
2016,
the
Senator
was
unaware
that
no
work
on
the
initial
draft
had
commenced. 48
21
The
President
of
her
ruling
party
Muhammad
Nawaz
Sharif
was
recently
deposed
from
the
office
of
Prime
Minister
on
corruption
charges.
There
are
also
cases
looming
against
not
only
Mr.
Sharif
but
his
children.50
In
the
midst
of
this
political
instability
and
looming
general
elections,
the
officials
indirectly
acknowledged
that
the
adoption
of
data
protection
bill
could
be
further
delayed
till
late
2018
or
early
2019.
Without
a
data
protection
law,
no
privacy
commission
can
be
set
up.
Reflections
In
addition
to
the
instances
reported
here,
there
were
also
rumours
about
various
incidents
of
scammers
collecting
bio
metric
data
from
people
in
order
to
get
illegal
mobile
SIMS.
Since
the
registration
of
SIM
phone
has
been
linked
to
biometrics,
biometric
verification
machines,
connected
to
NADRA’s
database
have
propped
up
all
over
the
country.
These
machines
are
easily
available
to
both
licensed
and
unlicensed
businesses
and
we
have
seen
various
operating
on
roadside
stalls,
verifying
biometrics
and
issuing
SIM
cards.
Following
this
scammers
were
said
to
visit
villages
and
suburban
areas
with
large
illiterate
population
and
getting
their
biometrics
as
a
part
of
a
fraudulent
‘awards
scheme’.
The
mainstream
media
did
not
report
on
these
incidents.
This
demonstrates
the
need
for
creating
awareness
among
the
public
about
the
value
of
their
personal
information.
A
vast
population
of
the
public
is
just
getting
connected
and
does
not
have
an
understanding
of
the
value
of
their
private
information
and
isn’t
aware
of
the
issues
that
biometric
data
in
the
wrong
hands
can
create.
One
key
issue
is
the
inability
of
the
media
to
report
on
data
breaches
and
unsafe
data
practices
at
the
hands
of
large
businesses
and
corporations
as
the
same
organizations
also
advertise
on
the
media,
thus
creating
a
conflict
of
interest.
The
lack
of
transparency
about
policies
and
procedures
that
are
in
place
to
secure
state
owned
databanks
holding
public’s
data
is
also
concerning.
Under
safe
city
projects
thousands
of
CCTV
cameras
are
now
collecting
public’s
data.
The
National
Database
and
Registration
Authority
holds
tremendous
amounts
of
data.
The
linkage
of
phone
SIMS
with
biometric
data
has
also
opened
a
completely
different
avenue
for
mass
amounts
of
data
collection.
In
this
scenario,
the
absence
of
a
law
to
protect
the
public
from
potential
abuse
and
misuse
of
this
data,
makes
the
public
vulnerable
to
serious
violations
of
its
right
to
privacy.
There
is
also
the
issue
of
alleged
misuse
of
the
cybercrime
law,
PECA
2016
and
second
the
lax
attitude
taken
by
the
government
towards
genuine
incidents
of
data
compromise
at
the
hands
of
private
entities.
The
abuse
of
law
is
something
that
was
anticipated
and
protested
by
civil
society
activists
even
as
the
draft
of
cybercrime
law
lay
in
the
parliament.
However,
the
ministry
of
information
50
Geo
News
Correspondent
Azam
Khan,
personal
communication,
November
01,
2017.
22
technology
and
the
legislators
chose
to
ignore
civil
society
voices.
As
a
result,
the
law
does
not
contain
appropriate
penalties
for
those
involved
in
abusing
this
law.
Consequently,
in
2017,
FIA
officers
were
involved
in
attaining
access
to
user
data
by
merely
citing
the
law
[orally]
without
showing
any
warrants.
This
tendency
to
abuse
power
is
neither
new
not
surprising.
There
is
need
for
appropriate
amendments
in
PECA
that
ensure
that
any
authority
figure
involved
in
the
abuse
of
power
can
be
legally
held
liable.
Recommendations
The
threats
to
privacy
are
inherent
in
a
digital
economy.
As
public
and
private
bodies
move
towards
the
introduction
of
digital
services
and
more
and
more
people
connect
to
the
Internet,
it
becomes
urgent
to
create
protection
mechanisms
to
support
citizens
of
the
country.
To
ensure
that
the
appropriate
legislative
and
policy
actions
are
taken;
1. Civil
society
actors
should
continue
to
advocate
for
the
enactment
of
data
protection
law
in
the
country.
2. Civil
society
actors,
including
the
media
should
initiate
the
discussion
on
the
formation
of
a
Privacy
Commission
that
is
independent
and
empowered
to
provide
redressal
in
cases
of
privacy
violations.
3. Media
and
journalists
should
cover
the
issue
of
data
security
and
privacy
and
work
to
create
general
public
awareness
on
the
issue.
4. Media
and
civil
society
actors
should
monitor
and
report
on
the
implementation
of
the
OGP
workplan,
in
particular
IT
ministry’s
commitment
to
initiate
a
public
consultation
process
for
the
drafting
of
data
protection
law.
5. Media
and
civil
society
actors
should
continue
to
document
violations
of
privacy,
including
misuse
and
loss
of
consumer
data
by
corporate
entities.
6. The
government
should
introduce
laws
and
necessary
mechanisms
to
ensure
that
corporations
and
other
ventures
follow
strict
regulations
when
collecting
and
securing
consumer
data.
7. The
government
should
fulfill
its
commitment
regarding
the
initiation
of
public
consultations
on
data
protection
law.
23
24
Chapter
3
‘Disconnecting’
the
masses
Talal
Raza
and
Asad
Baig
Pakistan’s
mobile
industry
is
growing
at
a
rapid
pace.
Currently,
there
are
148
million
mobile
subscribers
which
makes
around
77%
of
Pakistan’s
population;
51
million
have
also
subscribed
to
3G
and
4G
mobile
internet
services.51
With
the
rise
in
the
number
of
mobile
subscribers,
the
demand
side
of
digital
services
is
growing
and
as
a
result,
digital
businesses
and
startups
are
taking
roots.
A
good
example
would
be
the
local
ride
hailing
service
Careem,
which
quite
possibly
has
become
one
of
the
most
popular
digital
services
of
Pakistan.
Similarly,
mobile
internet
is
the
life-‐force
for
many
young
startups.
However,
the
digital
life
of
most
mobile
subscribers
comes
to
a
unexpected
halt
during
arbitrary
network
shutdowns
—
temporary
suspension
of
mobile
services
often
in
the
pretext
of
security
and
maintaining
law
and
order.
In
one
year,
citizens
of
Pakistan
may
face
anywhere
from
6
to
10
or
even
more
partial
and/or
complete
network
shutdowns,
varying
in
scale
and
intensity.
Some
are
localised
to
a
city
or
a
neighbourhood,
while
some
can
span
the
whole
province
—
or
more
than
one
—
and
can
last
for
a
day
or
more.
Over
the
past
one
year,
there
have
been
at
least
seven
different
occasions
where
mobile
networks
including
the
mobile
internet
services
were
suspended.
In
some
districts
of
Balochistan
and
Federally
Administered
Tribal
Areas,
mobile
internet
services
remain
suspended
even
after
a
year.
History
has
taught
us
that
the
government
may
or
may
not
notify
the
citizens
in
advance
before
shutting
down
the
networks
and
often
people
find
themselves
stranded,
caught
off
guard,
by
a
surprise
network
shutdown.
The
officials
of
Pakistan
Telecommunication
Authority
(PTA)
mostly
refrain
from
issuing
statement,
and
often
share
the
reasons
of
unannounced
network
shutdowns
off
the
record,
pointing
fingers
to
the
law
enforcement
agencies.
Here
is
a
timeline
of
some
of
the
network
shutdowns
that
occurred
in
2017
and
were
reported
in
media:
● Since
February
2017,
mobile
internet
is
suspended
in
various
districts
of
Balochistan
including
Pishin,
Killa
Abdullah,
Dalbandin
and
Kalat
keeping
in
view
the
security
concerns
at
the
request
of
law
enforcement
agencies.52
While
there
are
reports
that
mobile
internet
is
restored
in
Dalbandin,
locals
have
reported
that
it
remains
suspended
in
other
parts.53
51
“Telecom
Indicators”,
Pakistan
Telecommunication
Authority,
accessed
April
18,
2018,
https://www.pta.gov.pk//en/telecom-‐indicators
52
Talal
Raza,
“Living
off
the
grid:
practicing
journalism
in
Baluchistan
without
mobile
internet”,
Digital
Rights
Monitor,
November
06,
2017,
accessed
April
18,
2018,
http://digitalrightsmonitor.pk/living-‐off-‐the-‐grid-‐practicing-‐journalism-‐in-‐baluchistan-‐without-‐
mobile-‐internet
53
Local
residents,
personal
communication.
25
● On
March
19,
2017,
cellular
services
were
briefly
suspended
in
parts
of
Rawalpindi
and
Islamabad
ahead
of
a
military
parade
on
March,
23
2017,
commemorated
as
the
‘Pakistan
Day’
in
the
remembrance
of
the
Pakistan
resolutions
passed
on
the
same
date
in
1940.54
On
March
23,
the
cellular
services
were
suspended
again
for
a
few
hours.55
● On
September
29-‐October
01,
2017,
mobile
phone
services
including
the
mobile
internet
were
suspended
in
the
wake
of
Ashura
processions.
According
to
the
Digital
Rights
Monitor
various
cities
across
Pakistan
including
Karachi,
Hyderabad,
Shaheed
Benazirabad,
Khairpur,
Sukkur,
Larkana,
Shikarpur,
Jaccobabad,
Faisalabad,
Sialkot,
Bhukkar,
Quetta,
Mach,
Bolan,
Sibi,
Jhal
Magsi,
Naseerabad,
Jaffarabad,
Dera
Murad
Jamali,
Dera
Allah
Yar
and
Peshawar
were
affected.
The
move
was
made
to
avoid
untoward
‘security
situation’
according
to
the
official
notifications.56
● On
October
23,
2017,
mobile
services
were
suspended
in
parts
of
Rawalpindi/Islamabad
to
facilitate
a
musical
concert
organised
by
Pakistan
army.
The
musical
concert
was
organised
for
the
participants
of
“Pakistan
Motor
Rally”
at
the
Parade
Ground.
No
notification
was
issued
by
PTA
prior
to
blocking
the
services.57
● Between
November
09,
2017
and
November
15,
2017,
mobile
and
internet
services
were
suspended
at
Faizabad
and
adjacent
areas
owing
to
protest
camp
of
Tehreek
e
Labaik
ya
Rasulallah.
Sector
I-‐8
and
Faizabad
were
most
affected.
No
official
notification
was
issued.
Later
on
November
25-‐26,
mobile
internet,
popular
social
media
sites
including
Facebook
and
Twitter
and
22
news
websites
were
taken
down
to
maintain
law
and
order
for
more
than
30
hours.
No
official
notification
was
issued.
● On
November
30,
2017
it
was
reported
that
mobile
phone
services
were
suspended
in
three
cities
of
Sindh
including
Karachi,
Hyderabad,
Sukkur
and
Quetta
in
wake
of
security
concerns
around
route
of
processions
of
Rabiul
Awal
for
a
few
hours.
These
suspensions
were
made
at
the
request
of
Sindh
and
Balochistan
home
departments
respectively.
58
54
“Blackout
of
Mobile
Phone
Services
irks
Islamabad,
Pindi
residents,”
Dawn.com,
March
20,
2017,
accessed
April
18,
2018,
https://www.dawn.com/news/1321565
55
Ibid.
56
Asad
Baig,
Cellular
and
Internet
Services
remained
suspended
in
various
cities
across
Pakistan
in
the
wake
of
Ashura;
GSM
tracker
enabled
cars
stranded;
millions
affected,”
Digital
Rights
Monitor,
October
02,
2018,
accessed
March
26,
2018,
http://digitalrightsmonitor.pk/cellular-‐
and-‐internet-‐services-‐remained-‐suspended-‐in-‐various-‐cities-‐across-‐pakistan-‐in-‐the-‐wake-‐of-‐
ashura-‐gsm-‐tracker-‐enabled-‐cars-‐stranded-‐millions-‐affected
57Talal
Raza,
“Mobile
network
shutdown
in
parts
of
Rawalpindi/Islamabad
due
to
a
‘musical
concert’,”
October
23,
2017,
accessed
March
26,
2018,
Digital
Rights
Monitor,
http://digitalrightsmonitor.pk/mobile-‐network-‐shutdown-‐in-‐parts-‐of-‐rawalpindiislamabad-‐
due-‐to-‐musical-‐concert
58
Ibid.
26
● On
March
19,
2018
mobile
phone
services
were
again
suspended
as
part
of
military
parade
celebrations
for
March23,
the
Pakistan
Day.
Later
on
March
23,
cellular
services
were
suspended
again
for
four
hours.59
Living
through
the
network
shutdowns
Mobile
communications
have
become
an
integral
part
of
our
daily
lives
and
in
today’s
digital
world,
the
inability
to
communicate
can
be
fatal.
Shahtaj,
a
young
girl
from
Rawalpindi
found
herself
in
a
similar
predicament
when,
during
an
ongoing
network
shutdown,
she
was
injured
in
a
road
accident.
Unable
to
call
the
emergency
services
or
inform
her
friends
and
family,
she
had
to
wait
on
the
roadside.
She
eventually
fainted
as
a
result
of
excessive
bleeding.
60
Similarly,
people
were
stranded,
unable
to
start
their
cars
installed
with
GSM
trackers
during
the
network
shutdowns.
A
representative
of
a
Karachi
based
GSM
tracker
company
confirmed
the
possibility
of
cars
getting
stranded,
unable
to
start,
due
to
the
suspension
of
cellular
services,
reported
Digital
Rights
Monitor.
61
Particularly,
in
certain
areas
of
Balochistan
such
as
Qillah
Abdullah,
where
mobile
internet
is
the
primary
way
of
connecting
to
the
Internet,
journalists
find
it
extremely
difficult
to
report
their
stories
to
headquarters.62
Network
shutdowns,
the
new
normal
Network
suspensions
became
the
norm
ten
years
ago
at
a
time
when
Pakistan
was
battling
with
terrorism.
Such
were
the
state
of
affairs
that
terrorist
attacks
happened
almost
on
a
weekly
basis.
Religious
gatherings
and
processions,
especially
around
the
Ashura,
were
most
vulnerable
to
terrorists
attacks.
Evidence
revealed
that
some
of
these
attacks
were
carried
out
using
mobile
devices.
In
an
attempt
to
prevent
similar
attacks,
the
authorities
opted
for
temporary
suspension
of
mobile
phone
services
especially
during
high
profile
gatherings
in
parts
of
the
country
especially
around
special
occasions
with
a
probability
of
large
gatherings.
59
Talal
Raza,
“Mobile
Phone
Services
suspended
briefly
suspended
in
parts
of
Rawalpindi,
Islamabad,
restored
after
Four
hours,”Digital
Rights
Monitor,
March
23,
2018,
accessed
April
18,
2018,
http://digitalrightsmonitor.pk/mobile-‐phone-‐services-‐briefly-‐suspended-‐in-‐parts-‐of-‐
rawalpindi-‐islamabad-‐restored-‐after-‐four-‐hours
60
Zak
Rogoff,
“
#KeepItOn:
Pakistanis
have
long
suffered
from
Internet
Shutdowns:
At
last,
their
voices
are
being
heard,”
Access
Now,
February
28,
2018,
accessed
April
18,
2018,
https://www.accessnow.org/pakistanis-‐long-‐suffered-‐internet-‐shutdowns-‐last-‐voices-‐heard
61
Asad
Baig,
“Cellular
and
Internet
services
remained
suspended
in
various
cities
across
Pakistan
in
the
wake
of
Ashura;
GSM
tracker
enabled
cars
stranded;
millions
affected”,
Digital
Rights
Monitor,
October
2,
2017,
http://digitalrightsmonitor.pk/cellular-‐and-‐internet-‐services-‐
remained-‐suspended-‐in-‐various-‐cities-‐across-‐pakistan-‐in-‐the-‐wake-‐of-‐ashura-‐gsm-‐tracker-‐
enabled-‐cars-‐stranded-‐millions-‐affected/
62
Talal
Raza,
“Living
off
the
grid.”
27
Initially,
these
shutdowns
were
restricted
to
parts
of
Balochistan.
However,
by
2012,
they
became
more
frequent
across
Pakistan.
Over
the
years,
the
practice
of
shutting
down
communications
became
a
new
normal
on
almost
every
occasion
or
event
of
prominence.
While
Pakistan
has
come
a
long
way
from
incidents
of
active
terrorism,
but
it
seems
that
the
practice
of
shutting
down
communications
has
caught
on.
The
government
officials
and
the
law
enforcement
agencies,
it
seems,
find
‘peace
of
mind’
by
suspending
communications
around
the
potentially
high-‐profile
occasions
and
events;
since
there
is
no
actual
evidence
available
to
suggest
the
impact
of
these
shutdowns
on
thwarting
terrorist
attacks.
The
cost
of
network
shutdowns
Digital
Rights
Monitor
looked
in
to
the
figures
made
available
by
Pakistan
Telecommunication
Authority,
PTA.
The
combined
revenue
generated
by
mobile
phone
companies
in
Pakistan
for
fiscal
year
2016-‐17
was
369,118
million
PKR.
According
to
these
figures,
the
mobile
phone
companies
combined,
generated
nearly
a
billion
PKR
per
day
in
revenue,
which
calculates
to
nearly
42
million
per
hour.
Considering
there
are
147
million
mobile
phone
subscribers
in
Pakistan,
each
subscriber
has
to
contribute
nearly
.25
PKR
to
make
up
this
revenue.
Based
on
this
rudimentary
calculation,
a
localised
network
shutdown
in
Islamabad,
a
relatively
smaller
city
of
Pakistan,
would
cost
around
284,000
PKR
/
hour
in
revenue
to
mobile
phone
companies.
These
estimates,
albeit
not
accurate
or
official,
give
one
an
idea
of
revenue
loss
on
a
daily
basis
during
network
shutdowns.
However,
neither
the
governments
nor
the
mobile
phone
companies
come
clean
about
the
loss
of
revenue
with
official
figures.
Fighting
on
a
legal
front
to
keep
it
on
Fortunately
there
has
been
positive
development
in
pushing
back
on
network
shutdowns.
In
2016,
four
residents
of
Islamabad
filed
a
petition
in
Islamabad
High
Court
through
Advocate
Umer
Gilani
challenging
the
legality
of
network
shutdowns
under
Telecommunication
Re-‐Organisation
Act
1996.
The
federal
government
defended
the
act
of
shutting
down
communications
temporarily
under
Section
54
Subsection
3,
albeit
the
section
is
only
application
under
the
imposition
of
‘emergency’.
On
February
28,
2018
Islamabad
High
Court
declared
the
network
shutdowns
illegal.
The
court
noted
that
the
cellular
suspension
by
the
government
under
PTA’s
section
54
(3),
under
the
pretext
of
law
and
order
and
national
security,
was
in
contradiction
with
the
Constitution.
It
stated
that
section
54(3)
allowed
28
government
to
shut
down
cellular
services
in
emergency
situation
proclaimed
by
President.63
While
the
decision
was
hailed
by
rights
activists,
the
government
filed
an
intra-‐
court
appeal
with
the
three
member
bench
of
Islamabad
High
Court
on
March
17,
2018,
just
ahead
of
the
March
23
celebrations
of
Pakistan
Day,
one
of
the
occasions
on
which
the
networks
are
traditionally
suspended.
On
March
20,
the
bench
granted
an
“interim”
stay
against
the
earlier
decision
thereby
allowing
government
to
suspend
mobile
phone
services.
The
interim
stay
is
valid
till
the
next
hearing
in
May.
64
Going
beyond
the
shutdowns
On
July
1,
2016,
the
U.N.
Human
Rights
Council
condemned
all
“measures
to
intentionally
prevent
or
disrupt
access
to
or
dissemination
of
information
online,”
and
called
on
governments
worldwide
to
desist
and
refrain
from
such
practices65.
David
Kaye,
the
UN
Special
Rapporteur
for
Freedom
of
Expression
holds
that
ongoing
shutdowns
“contradict
the
human
rights
commitments
that
governments
have
made”
at
the
HRC66.
To
ensure
that
this
violation
of
citizen’s
right
to
connect,
express
and
access
information
does
not
continue,
it
is
important
that;
i. The
government
should
recognise
the
fallacy
in
the
argument
that
equates
network
shutdowns
with
security
and
acknowledge
the
fact
that
disconnecting
citizens
simply
leads
to
increased
vulnerability
of
the
citizens.
ii. The
government
should
ensure
that
any
orders
for
network
disconnection
are
given
only
in
cases
where
the
threat
of
terrorism
is
imminent
and
verified.
iii. Both
government
and
corporations
should
ensure
that
telecom
consumers
are
made
aware
of
any
imminent
/
planned
shutdowns
well
in
advance.
iv. Corporates
should
abide
by
the
UN
Guiding
Principals
on
Business
and
Human
Rights.
In
particular
they
should
try
to
address
the
adverse
63
“Islamabad
High
Court
declares
Network
Shutdowns
Illegal,”
Digital
Rights
Monitor,
February
grants
‘Interim’
Stay
till
May,”
March
20,
2018,
accessed
April
18,
2018,
http://digitalrightsmonitor.pk/government-‐files-‐appeal-‐against-‐ihc-‐order-‐on-‐cellular-‐network-‐
shutdowns-‐bench-‐reserves-‐verdict
65
Human
Rights
Council
Resolution
32/13
66
David
Kaye,
UNSR
FoE,
Report
to
35th
Session
of
UNHRC
29
human
rights
impacts
of
shut
downs67,
at
least
by
making
sure
that
their
consumers
are
made
aware
of
any
imminent
disconnection.
,
including
the
time
and
location
of
the
shutdown.
v. Civil
Society
actors
including
activists
and
legal
fraternity
should
continue
to
engage
with
policy
makers
and
legal
processes
to
ensure
that
state
policy
towards
network
disconnections
is
discussed
in
its
entirety
and
a
discourse
for
requisite
policy
changes
can
be
developed.
67
Guiding
Principiles
on
Business
and
Human
Rights
(p.
18)
available
via
http://www.ohchr.org/Documents/Publications/GuidingPrinciplesBusinessHR_EN.pdf
last
accessed
19.03.18
30
31
32
Chapter
4
Pakistan’s
IT
Policy:
A
rights
based
review
Talal
Raza
The
United
Nations
has
recognised
the
importance
of
Information
and
Communication
Technology
(ICT)
and
endorsed
its
significance
in
the
development
through
various
forms.
For
instance,
the
Sustainable
Development
Goal
(SDG)
9
urges
states
to
“significantly
increase
access
to
information
and
communications
technology
and
strive
to
provide
universal
and
affordable
access
to
the
Internet
in
least
developed
countries
by
2020.”68
Meanwhile,
in
a
separate
resolution
passed
in
June
2016,
the
United
Nations
Human
Rights
Council
(UNHRC)
condemned
the
efforts
to
censor
online
content
and
disrupt
internet
recognising
that
people
have
same
rights
online
as
they
have
offline.69
Pakistan’s
Internet
landscape
is
expanding
at
a
rapid
pace.
At
the
moment,
more
than
50
million
citizens
have
access
to
the
Internet.70
Naturally,
the
IT
industry
has
expanded
with
the
expansion
of
the
Internet.
Figures
from
the
government
suggest
that
there
are
more
than
2000
IT
companies
and
call
centres
and
more
than
20,000
IT
graduates
produced
every
year.71
A
number
of
services
such
as
online
shopping,
ride
haling
and
e-‐banking
are
increasingly
integrating
in
the
urban
culture
of
Pakistan.
Furthermore,
the
popularity
of
social
media
platforms
such
as
Facebook,
YouTube
and
Twitter
has
encouraged
entrepreneurs,
journalists,
activists
and
politicians
to
use
these
services
to
reach
a
wider
audience.
There
have
been
instances
where
the
platforms
have
played
an
important
role
in
highlighting
issues
that
are
ignored
by
the
traditional
media.
Given
the
current
state
of
self-‐censorship
being
exercised
by
the
mainstream
media
on
certain
thorny
political
and
policy
issues,
social
media
platforms
have
been
instrumental
in
shedding
light
on
the
matters
such
as
the
Pashtun
Tahafuz
Movement,
which
were
otherwise
blacked
out.
However,
these
opportunities
have
also
met
with
certain
challenges.
Internet
access
is
frequently
disrupted
to
pursue
security
objectives.
Social
media
pages
and
accounts
are
taken
down
in
collaboration
with
corporations
and
activists/journalists
are
finding
it
difficult
to
communicate
with
their
sources
and
peers
using
secure
communication
tools.
Free
expression
in
general
68
Goal
9:
Build
resilient
Infrastructure,
promote
sustainable
Industrialization
and
foster
Innovation,”
UN
Sustainable
Development
Goals,
accessed
April
18,
2018,
https://www.un.org/sustainabledevelopment/infrastructure-‐industrialization/
69
Human
Rights
Council
Resolution
32/13,
The
promotion,
protection,
and
enjoyment
of
human
https://www.pta.gov.pk//en/telecom-‐indicators
71Ministry
of
Information
Technology
and
Telecom,
Digital
Pakistan
Policy
2017
(Islamabad:
MOITT)
33
has
been
criminalised
through
laws
such
as
Prevention
of
Electronic
Crimes
Act
2016,
and
overbroad
powers
have
been
delegated
to
the
Executive
Institutions
to
censor
information
online.
In
the
midst
of
these
challenges
and
opportunities,
the
Ministry
of
Information
Technology
and
Telecom
(MOITT)
in
August
2017,
has
put
forth
Pakistan’s
first
formal
IT
policy.
Officially
named
the
Digital
Pakistan
Policy
2017,
the
document
maps
out
challenges
and
opportunities
for
ICT
in
Pakistan
and
“strives
to
improve
its
citizens’
quality
of
life
and
economic
wellbeing
by
ensuring
availability
of
accessible,
affordable,
reliable,
universal
and
high
quality
ICT
services”.
MOITT
has
reportedly
conducted
various
multi-‐stakeholder
consultations
for
the
Digital
Pakistan
Policy
2017.72
The
policy
reflects
the
government’s
vision
in
terms
of
various
IT
related
interventions
that
it
plans
to
undertake
over
the
course
of
many
years.
It
also
draws
up
a
clear
division
of
responsibilities
and
have
charted
out
roles
for
the
Ministry
of
Commerce,
the
Ministry
of
Interior,
the
Ministry
of
Planning
and
Development,
and
the
Ministry
of
Law
and
Justice
to
name
a
few.
Some
of
the
key
highlights
of
the
Digital
Pakistan
Policy
2017
are
as
follows:
Legislation
This
section
of
the
policy
charts
out
the
“necessary
policy
frameworks,
laws
and
rules
to
enable
creation
of
a
sustainable
IT
environment”.
Among
other
points,
the
policy
recognises
the
importance
of
data
protection
and
online
privacy
protection
of
the
users
and
pledges
to
protect
it
through
a
‘data
protection
law’.
It
also
talks
about
developing
frameworks
for
regulating
cloud
based
systems
that
includes
data
classification
mechanisms,
and
making
use
of
digital
signatures
to
augment
data
security
and
authentication.
It
pledges
to
make
amendments
to
rules
of
businesses
of
various
departments
to
facilitate
processes
of
e-‐governance
including
electronic
workflows,
e-‐commerce,
online
submissions/approvals.
Investment
in
infrastructure
and
software
The
policy
envisages
the
development
of
technology
parks
and
incubation
centres
in
various
urban
centres
across
Pakistan
to
encourage
ICT
related
innovation.
It
also
touches
upon
the
ideas
of
encouraging
procurement
of
software
and
hardware
from
local
markets.
It
pledges
to
establish
innovation
centres
for
‘fin-‐tech,
Internet
of
things
and
artificial
intelligence’.
Also,
the
policy
talks
about
setting
up
big
data
centres
that
would
enable
data
mining
and
analysis
of
the
big
data.
The
policy
discourages
“the
establishment
of
72
Ibid.
34
silo
IT
infrastructures
(small
islands)
in
different
government
offices
to
mitigate
duplication
of
efforts,
HR
requirements
and
operational
expenses.”
Interestingly,
the
government
has
also
expressed
interest
in
exploring
the
field
of
‘Open
Source’.
It
pledges
to
encourage
Research
and
Development
around
Open
Source.
IT
interventions
with
the
help
of
various
government
departments
A
number
of
interventions
have
been
proposed
to
revamp
different
sectors:
In
agriculture
sector,
it
envisions
setting
up
of
“Agriculture
Information
Portal”
that
will
host
a
wide
range
of
information
about
prices,
horticultural
diseases
and
their
treatment,
quality
of
water,
weather
updates
and
supply/demand
data
from
agricultural
commodity
markets.
It
also
encourages
revamping
of
geographical
information
system,
preparation
of
research
material
in
local
languages,
building
of
ICT
capacity
in
local
languages,
In
health
sector,
it
envisions
the
utilisation
of
telemedicine
services
to
reach
out
to
people
in
rural
areas.
It
also
envisions
building
an
online
network
of
medical
specialists
or
paramedical
staff
to
work
with
people
directly
or
online.
It
also
talks
about
setting
up
a
central
health
database
interconnecting
private
and
public
hospitals.
Lastly,
it
envisions
informing
a
wider
audience
about
any
epidemic
in
local
languages
using
ICT
tools.
In
the
education
sector,
it
pledges
to
take
measures
to
provide
network
accessibility
in
educational
institutions
in
Pakistan,
revamp
the
curriculum
to
meet
the
needs
of
the
industry
and
bridge
the
gap
between
the
industry
and
the
academia
and
to
incorporate
courses
around
coding,
cloud
computing
et
al
in
curriculum.
It
also
encourages
the
development
of
e-‐portals
that
would
allow
students
to
easily
access
research
and
other
supplementary
materials.
Specifically,
the
policy
pledges
to
bridge
the
gender
divide
in
ICT
by
launching
‘Girls
for
ICT’
program.
This
would
include
establishing
computer
labs
in
girls’
schools
in
under
developed
areas
and
courses
on
computing,
coding
and
communication
in
collaboration
with
private
sector.
It
also
talks
about
encouraging
people
to
produce
and
generate
content
in
local
and
regional
languages
in
the
wake
of
establishment
and
operationalisation
of
Pakistan
registry.
It
also
pledges
to
support
text
to
speech
software
creation
for
Urdu
and
regional/local
languages
to
increase
the
utility
of
basic
mobile
phone
based
text
messages.
In
energy
sector,
it
talks
about
using
ICT
interventions
to
manage
energy
consumption
including
introduction
of
smart
metering
to
control
consumption
of
electricity,
billing,
theft,
meter
and
supply
line
tempering.
It
also
envisions
working
with
cellular
companies
to
put
in
place
3G/4G
solutions
including
smart
grids,
demand
forecasting
and
availability
of
consumer
portals
to
control
energy
consumption.
In
the
e-‐commerce,
beyond
the
usual
jargon
of
encouraging
small
businesses
to
come
online,
there
are
commitments
to
promote
online
banking
services
and
encouraging
others
to
employ
ICT
driven
tools.
The
key
pledge
made
by
the
35
policy
is
to
“establish
a
national
e-‐commerce
gateway
with
the
State
Bank
of
Pakistan
(SBP)
with
the
support
and
coordination
of
relevant
stakeholders
to
promote
internet
merchant
accounts
to
facilitate
B2B
and
other
in-‐bound
transactions.”
Lastly,
it
also
commits
to
take
a
series
of
measures
in
collaboration
with
Law
and
Justice
Ministry
to
automate
the
case
management
within
judiciary.
It
specifically
envisions
developing
portals
for
judges
so
that
they
are
able
to
access
various
kinds
of
information
including
calendar,
pending
tasks
and
quick
links
to
research
tools.
It
also
pledges
to
support
introduction
of
Online
Dispute
resolution
for
low
level
civil
matters
and
thereby
promoting
Alternative
Dispute
resolution.
Policy
review
The
policy
expresses
an
ambition
to
invest
in
infrastructure,
building
technology
parks,
and
to
work
in
close
collaboration
with
various
ministries
towards
automation
of
many
governance
services.
However,
for
digital
services
to
be
effective
and
able
to
have
an
impact
on
people’s
lives,
a
substantially
large
population
of
Pakistan
needs
to
be
online
and
have
uninterrupted
access
to
the
Internet
and
cellular
services
without
disruption.
Only
about
30%
of
Pakistan’s
population
have
access
to
the
Internet,
and
while
hundreds
more
are
connecting
on
a
daily
basis,
quality
access
for
all
remains
a
largely
‘urban’
element.
Considering
that
nearly
62%
of
country’s
population
live
in
rural
or
semi
urban
areas,
investment
in
digital
services
without
a
focus
on
access
will
further
deepen
the
digital
divide.
The
policy
does
mention
‘access
for
all’
in
the
Section
VII
of
the
‘Policy
Goals’
and
seeks
to
“bridge
the
digital
divide
including
the
urban
and
rural
divide,
gender
disparity,
unserved
and
underserved
areas,
inequality
for
the
person
with
disabilities,
by
connecting
the
unconnected
through
broadband”
but
fails
to
provide
a
strategy
to
achieve
this
goal
in
the
policy
document.
Given
the
(low)
quality
of
access
and
its
highly
urban
centric
nature,
access
for
all
should
have
been
given
the
highest
priority
in
Digital
Pakistan
Policy
2017,
which
unfortunately,
is
not
the
case.
In
addition
to
the
infrastructural
issues
surrounding
quality
access
for
all,
network
disruptions
and
shutdowns
in
the
pretext
of
‘security’
are
a
regular
occurrence
in
Pakistan.
The
Internet
remains
unavailable
in
most
bordering
areas
of
Balochistan
and
Federally
Administered
Tribal
Areas.
Generally,
the
areas
where
people
are
unconnected
because
of
the
lack
of
infrastructure
or
overbroad
security
measures,
are
also
areas
which
are
most
deprived
and
underserved.
Hence
a
'vision’
of
‘connecting
the
masses’
as
described
in
the
policy
without
due
consideration
to
issues
above
is
a
little
too
ambitious
and
somewhat
misleading.
Additionally,
there
have
been
various
—
albeit
unconfirmed
—
reports
making
rounds
claiming
that
the
government
is
soliciting
proposals
and
undertaking
36
deals
to
install
deep
packet
filtering
systems
and
to
ban
encryption.
MOITT
and
the
federal
government
of
Pakistan
has
yet
to
rebut
them.
Synchronously,
the
policy
is
silent
on
enabling
safe
spaces
for
those
who
are
under
threat
or
are
even
attacked
for
exercising
their
fundamental
rights
online.
Telegram,
a
safe
communication
tool,
remains
banned
in
Pakistan
to
this
point
without
an
official
reason
or
clarification
from
MOITT
or
the
federal
government
and
so
the
claims
of
opening
up
the
cyber
space
for
masses
are
contradicted
by
such
dubious
actions.
On
a
positive
note,
it
is
appreciable
that
the
government
has
emphasised
on
the
importance
of
data
protection
law
and
pledged
to
take
steps
to
protect
the
privacy
of
the
people
online.
However,
its
important
to
mention
here
that
despite
many
assurances,
the
MOITT
and
the
federal
government
has
failed
to
bring
the
legislation
in
the
Parliament
for
discussion
before
the
end
of
its
parliamentary
term
in
June
2018.
Additionally,
the
policy
expresses
a
commitment
to
centralise
the
otherwise
distributed
databases
of
the
federal
government
such
as
that
of
Federal
Board
of
Revenue
(FBR)
and
National
Database
and
Registration
Authority
(NADRA),
to
“enable
data
mining
and
analysis”
and
“enhance
the
quality
of
e-‐Government
services
through
real-‐time
integrated
management
and
data
analytics”.
While
the
centralisation
of
data
and
services
will
be
a
step
forward
in
e-‐
governance,
there
are
serious
concerns
surrounding
the
safety
of
data.
There
have
been
reported
cases
where
the
complete
database
of
NADRA
was
found
on
detachable
storage
drives
and
recorded
by
the
law
enforcement
agencies.
The
data
reportedly
was
being
sold
online
for
as
low
as
5,000
PKR.
The
policy
does
express
commitment
to
safety
and
security
of
data,
but
it
needs
to
be
translated
in
action
with
the
same
rigour.
A
substantial
part
of
the
policy
focuses
on
the
promotion
of
digital
services,
including
e-‐banking.
However,
it
is
disappointing
to
note
that
the
federal
government
finds
no
urgency
in
addressing
the
rising
number
of
cyber
attacks
targeting
the
e-‐banking
services
and
other
critical
information
infrastructure
such
as
NADRA.
The
component
of
cyber-‐security
also
seems
to
be
missing
from
the
Digital
Pakistan
Policy
2017.
Finally,
and
perhaps
most
importantly,
the
policy
does
not
pledge
in
any
way
to
promote
transparency
in
the
decisions
made
around
the
Internet,
especially
those
related
to
online
content
and
policy
interventions
being
taken
by
various
government
departments
to
censor
online
content.
In
a
section
titled
‘Legislation’
in
‘Digital
Pakistan
Policy
Strategy’,
the
policy
charts
out
a
list
of
legislation
that
needs
to
be
enacted
or
amended
to
assist
in
the
implementation
of
Digital
Pakistan
Policy
2017.
It,
however,
does
not
include
the
overbroad
provisions
in
Prevention
of
Electronic
Crimes
Act
2016
that
stand
to
endanger
and
criminalise
free
expression
online
in
various
forms
and
the
absolute
authority
given
to
the
Pakistan
Telecommunication
Authority
—
an
executive
body
under
the
federal
37
government
—
to
censor
online
content
interpreting
the
language
of
the
Constitution
of
Pakistan.
Conclusion
There
are
no
doubts
that
the
Digital
Pakistan
Policy
2017
seeks
to
expand
the
ICT
industry
and
introduce
various
new
digital
services
to
improve
the
lives
of
citizens,
but
it
fails
to
take
stock
of
a
number
of
Internet
and
digital
rights
issues,
which
makes
it
difficult
to
make
full
use
of
the
potential
that
Internet
as
a
universal
medium
has
to
offer.
We
feel
that
a
policy
that
seeks
“to
become
a
strategic
enabler
for
an
accelerated
digitisation
eco
system
to
expand
the
knowledge
based
economy”
cannot
succeed
without
a
special
focus
on
citizen-‐
friendly
and
rights-‐friendly
policies
and
strategies.
38
39
Chapter
5
Pakistan’s
Cybercrime
Act:
From
implementation
to
implications
Talal
Raza
Pakistan
introduced
its
first
comprehensive
cybercrime
law
called
“Pakistan
Electronic
Crimes
Act
(PECA)”
in
2016.
The
law
was
tabled
in
National
Assembly
in
2015
but
remained
under
discussion
in
both
houses
of
the
parliament.
After
extensive
deliberations
with
different
stakeholders
including
members
of
civil
society,
it
was
finally
passed
on
August
11,
2016
by
National
Assembly
of
Pakistan
and
formally
approved
by
the
President
of
Pakistan.
73
Background
It
was
not
the
first
piece
of
legislation
in
cyberspace.
Earlier
in
2002,
Pakistan
introduced
Electronic
Transaction
Ordinance
that
included
some
punishments
against
damage
or
illegal
access
to
information
system.
However,
the
bill
was
viewed
as
less
effective
as
it
did
not
cover
widely
various
offences
being
committed
in
cyberspace.74
To
fill
the
gap,
the
then
President
(retd.)
General
Pervaiz
Musharaf
promulgated
Pakistan
Electronic
Crimes
Ordinance
in
2007
that
covered
a
wide
range
issues
in
cyberspace.
For
the
first
time,
the
ordinance
also
put
in
place
punishments
against
offences
such
as
cyber
terrorism.
Also,
around
the
same
time,
a
cybercrime
unit
was
also
established
within
Federal
Investigation
Agency
to
lead
investigations
into
cybercrimes.
However,
the
ordinance
could
not
become
an
act
and
lapsed
in
2009.
Dawn
reported
that
the
bill
was
vehemently
opposed
by
Anusha
Rehman,
PML-‐N’s
IT
Minister
since
2013
for
‘meting
out
harsh
punishments
for
“moral
crimes”.’75
During
2009-‐2016,
Pakistan
was
virtually
without
any
cybercrime
law.
Salient
features
of
PECA
It
was
in
April
2015
when
another
draft
bill
named
Pakistan
Electronic
Crimes
Bill
(PECB)
emerged.
Under
the
leadership
of
IT
Minister
Anusha
Rehman,
the
bill
was
put
forth
as
a
tool
to
fight
terrorism.
An
Interior
Ministry
report
called
PECB
as
“cornerstone
of
National
Action
Plan”,
an
anti-‐terrorism
policy
that
was
adopted
by
all
major
stakeholders
from
the
civil
and
military
establishment
in
the
wake
of
December
2014
Army
Public
School
Peshawar
terrorist
attack.76
That
is
why
there
are
at
least
four
sections
that
specifically
deal
with
terrorism
in
cyberspace.
These
include
Sections
9
on
glorification
of
terrorists/terrorist
73
Parliament
of
Pakistan,
The
Gazette
of
Pakistan
(Islamabad:
Parliament
of
Pakistan,
2016)
74
Dr.
Nadia
Khadim,
“Seriousness
towards
cybercrime
laws
in
Pakistan,”
The
News,
August
19,
40
offences,
Section
10
on
cyber
terrorism,
Section
11
on
hatespeech
and
Section
12
on
planning,
recruitment
and
motivation
to
fund
terror
activities.
77
It
is
important
to
mention
here
that
apart
from
anti-‐terror
clauses,
other
issues
are
also
dealt
within
PECA.
These
include
punishments
for
offences
such
as
online
defamation,
spamming,
cyber
stalking,
electronic
fraud,
unauthorized
issuance
of
SIM
cards,
unauthorized
interception
and
tempering
of
communication
equipment.
Apart
from
that,
the
government
is
also
set
to
introduce
blasphemy
provisions
under
PECA
in
the
light
of
orders
issued
by
Islamabad
High
Court.
The
draft
amendment
has
yet
to
be
tabled
at
the
National
Assembly
but
it
has
been
approved
by
the
cabinet.78
Executive’s
mandate
Under
PECA,
a
number
of
bodies
have
been
given
mandate
to
perform
their
respective
duties
including
investigation
against
criminal
offences,
blocking
of
online
content
and
surveillance.
79
Investigating
agency
Federal
Investigation
Agency
(FIA)
has
been
given
the
mandate
to
investigate
cases
related
to
cybercrimes
under
PECA.
Joint
investigation
teams
along
with
other
law
enforcement
agencies
can
also
be
formulated
under
the
law.
Recently,
it
was
reported
that
Pakistan’s
premier
intelligence
agency
ISI
had
requested
Ministry
of
Interior
to
deal
with
cybercrimes
undermining
National
Security.
The
Government
has
readily
agreed
to
this
proposal
and
also
requested
civilian
intelligence
agency
Intelligence
Bureau
(IB)
to
submit
their
proposals. 80
Although
it
is
not
specified
what
sort
of
crimes
would
be
dealt
by
them,
but
cybercrimes
related
to
terrorism
are
most
likely
to
be
dealt
by
intelligence
community
or
along
with
FIA
or
other
law
enforcement
agencies.
It
was
also
learned
through
sources
that
offences
related
to
“cyber
terrorism”
were
proposed
by
ISI.
In
fact,
Haroon
Baloch,
a
rights
activist
at
Bytes
for
All
Pakistan
and
aware
of
the
consultation
shared
with
the
scribe
that
when
the
rights
activists
tried
to
probe
FIA
to
talk
about
it.
FIA
representative
refused
to
discuss
it
as
they
said
that
the
provisions
had
been
proposed
by
ISI
and
that
only
they
could
discuss.
Till
the
writing
of
this
piece,
it
is
not
yet
clear
what
authorities
will
intelligence
agencies
enjoy
under
PECA
to
deal
with
“cybercrimes
that
are
undermining
National
Security”
as
the
rules
have
yet
to
be
formulated.
Additionally,
FIA
has
also
been
authorized
to
seize
data
for
criminal
investigation
after
seeking
a
warrant
from
Court
designated
under
this
act.
However,
in
cases
77
Parliament
of
Pakistan
78
Ibid.
79
Ibid.
80
Zahid
Gishkori,
“ISI
to
take
Action
against
Cybercrimes
Breaching
National
Security,”
Geo
News,
41
(especially
cyber
terrorism)
where
the
investigation
officer
is
of
the
opinion
that
the
data
needed
for
criminal
investigation
may
be
lost
or
destroyed
if
not
immediately
seized,
it
could
retain
the
designated
data
and
then
seek
warrants
from
the
Court
within
24
hours
of
the
data
retention.81
Warrant
for
accessing
content
Also,
section
34
states
that
if
an
authorized
officer
is
able
to
prove
to
the
court
that
the
content
in
a
particular
information
system
is
needed
to
be
accessed
for
criminal
investigation,
the
court
may
order
the
person/service
provider
in
charge
of
the
information
system
to
provide
the
officer
with
access
to
data.
The
validity
of
the
warrant
would
be
seven
days
and
court
needs
to
be
reached
out
for
further
extension.82
Real
time
information
collection
Furthermore,
PECA
also
mandates
real
time
content
collection
or
surveillance
for
investigating
cybercrimes.
Section
39
of
the
law
permits
surveillance
under
“real
time
collection
and
recording
of
information”
after
seeking
permission
of
the
Court
designated
under
this
act.
The
court
after
receiving
the
request,
would
order
the
designated
agency
under
FTA
2013
or
others
having
the
capability
to
carry
out
the
information
collection
in
collaboration
with
investigating
agency
if
it
is
satisfied
that
the
data
is
with
the
person/place
nominated
and
that
the
data
required
is
essential
for
criminal
investigation.
However,
the
permission
for
real
time
data
collection
would
not
extend
beyond
seven
days
and
that
Court
would
need
to
be
requested
again
if
the
extension
of
real
time
data
collection
is
required.83
Blocking
of
content
Under
section
37
of
PECA,
Pakistan
Telecommunication
Authority
(PTA)
has
been
mandated
to
block
any
content
or
orders
to
remove
it
if
it
is
against
the
“glory
of
Islam,
security
or
defence
of
Pakistan,
public
order,
decency
or
morality
or
in
relation
to
contempt
of
court
or
commission
or
incitement
of
an
offence”
under
this
Act.84
Service
providers
Service
providers
are
bound
to
retain
the
traffic
data
for
at
least
a
year
or
as
specified
by
PTA.
They
are
also
supposed
to
assist
investigation
agency
in
retrieving
the
data
as
per
their
request
under
court
warrants.
No
criminal
liability
will
be
on
service
providers
as
long
as
they
are
assisting
the
executive
under
the
PECA
rules.85
81
Parliament
of
Pakistan.
82
Ibid.
83
Ibid.
84
Ibid
85
Ibid
42
Protection
against
misuse
of
executive
authority
Apart
from
Court
appeal
against
PTA
on
issues
of
content
blocking,
there
are
protections
against
misuse
of
personal
data
and
content
at
the
hands
of
service
providers
or
officers
of
investigation
agency.
Section
41
of
the
law
says86:
“Notwithstanding
immunity
granted
under
any
other
law
for
the
time
being
in
force,
any
person
including
a
service
provider
while
providing
services
under
the
terms
of
the
lawful
contract
or
otherwise
in
accordance
with
the
law
or
an
authorized
officer
who
has
secured
access
to
any
material
or
data
containing
personal
information
about
another
person
discloses
such
material
to
any
other
person,
except
when
required
by
law,
without
the
consent
of
the
person
concerned
or
in
breach
of
lawful
contract
with
the
intent
to
cause
or
knowing
that
is
he
is
likely
to
cause
harm,
wrongful
loss
or
gain
to
any
person
or
compromise
confidentiality
of
such
material
or
data
shall
be
punished
with
imprisonment
for
a
term
which
may
extend
to
three
years
or
more
or
with
fine
which
may
extend
to
one
million
rupees
or
with
both:
Provided
that
the
burden
of
proof
of
any
defense
taken
by
an
accused
service
provider
or
an
authorized
officer
that
he
was
acting
in
good
faith,
shall
be
on
such
a
service
provider
or
the
authorized
officer,
as
the
case
may
be.”
Computer
Emergency
Response
teams:
Furthermore,
the
Federal
government
will
also
set
up
“Computer
Emergency
Response
teams”
comprising
of
technical
experts
from
intelligence
or
any
other
agency
for
the
protection
of
critical
infrastructure87.
It
is
also
not
clear
when
will
the
Computer
Emergency
Response
teams
be
created.
Till
the
writing
of
the
report,
nothing
has
been
known
about
the
establishment
of
Computer
Emergency
Response
team.
Courts:
Under
the
PECA,
the
Federal
Government
in
consultation
with
the
Chief
Justice
of
Pakistan
will
designate
presiding
officers
to
deal
with
cybercrime
cases.
The
Federal
government
has
been
tasked
to
make
arrangements
to
train
presiding
officers
in
computer
sciences,
cyber
forensics,
electronic
transactions
and
data
protections.
It
took
more
than
seven
months
before
31
Additional
Session
Judges
(ADJ)
and
Judicial
Magistrates
(JD)
across
Pakistan
were
designated
by
Law
Ministry
to
deal
with
cybercrime
cases.
This
included
27
ADJs
and
JDs
in
Sindh,
one
ADJ
and
a
JD
each
in
Islamabad
Lahore,
Rawalpindi,
Peshawar
and
Quetta.
Under
PECA,
the
courts
were
designated
after
consultation
with
Chief
Justices
of
Lahore,
Peshawar,
Karachi
and
Islamabad
High
Court
respectively.
However,
why
the
government
decided
to
designate
an
additional
session
judge
and
a
magistrate
to
hear
cybercrime
cases
in
each
district
of
Sindh,
whereas
the
most
populous
province
Punjab
only
had
courts
designated
in
Lahore
and
Rawalpindi
to
hear
cybercrime
cases
remains
a
mystery.
“The
number
of
86
Ibid
87
Ibid.
43
presiding
officers
on
PECA
was
decided
in
the
light
of
suggestions
from
Chief
Justices
of
their
respective
High
Courts,”
connived
a
senior
official
at
Ministry
of
Information
Technology
adding
that
Ministry
had
no
role
in
finalizing
the
number
of
judges.88
Collaboration
with
international
partners
Under
PECA,
Pakistan
government
can
extend
its
cooperation
to
any
foreign
government
or
international
agency
whether
it
is
investigating
a
cybercrime
or
collecting
information
under
PECA.
It
can
also
pass
on
the
information
to
them
when
deemed
appropriate.
PECA
implementation
and
Human
Rights
concerns
Although,
there
are
no
internationally
agreed
upon
principles
that
could
guide
the
behaviors
of
states
in
the
context
of
human
rights
while
dealing
with
cybercrimes,
normative
debates
within
this
area
has
begun
by
multiple
stakeholders
including
civil
society
and
corporations.
A
number
of
groups
such
as
APC,
GNI
and
13
International
Principles
on
application
of
Human
Rights
on
Communications
Surveillance
(signed
by
more
than
400
organizations)
to
the
name
few
are
important.
Inspired
from
these
normative
debates,
Pakistani
civil
society
also
tried
to
analyze
the
law
and
put
forth
their
following
concerns89:
● The
law
has
been
put
in
place
from
the
security
mindset
rather
than
from
the
rights
perspective.
There
should
have
been
no
space
for
anti-‐terror
provisions
that
are
pre
dominantly
dealing
with
information
in
the
cybercrime
law.90
● The
language
of
the
law
is
overbroad
and
can
be
used
to
punish
political
dissent.91
As
evidence,
the
registration
of
cases
against
political
activists
under
section
20
of
PECA
is
interesting.
A
number
of
political
activists
were
nabbed
by
FIA
for
being
critical
of
the
military.
Interestingly,
Section
20
furnishes
punishments
against
anyone
damaging
the
dignity
of
the
person.
Civil
society
challenged
this
move
in
Sindh
High
Court,
arguing
that
the
cybercrime
act
did
not
furnish
punishments
if
anything
was
said
against
the
dignity
of
armed
forces
and
that
the
law
was
being
misapplied.
The
case
is
still
in
Sindh
High
Court
and
points
towards
the
substantial
evidence
and
fears
expressed
earlier
by
rights
activists.
There
are
many
provisions
such
as
those
dealing
with
hate-‐speech
and
cyber
terrorism
that
can
also
be
potentially
used
to
silence
political
dissent.92
88
Talal
Raza,
“Pakistan’s
Cyber
Law:
A
Year
in
Review,”
Digital
Rights
Monitor,
October
17,
2017,
Case
Study
of
Pakistan
(MPhil
diss.,
National
Defence
University,
2017),
52-‐59
90
Ibid.
91
Ibid.
92
Aleena
Alavi,
lawyer,
personal
communication.
44
● In
regards
to
blocking,
PECA
is
silent
on
whether
PTA
should
publicly
share
the
list
of
online
websites/social
media
pages
it
can
block.
The
idea
of
making
the
list
public
is
to
allow
activists
to
see
whether
the
justification
given
by
PTA
to
block
certain
content
was
actually
reasonable
or
it
ended
up
blocking
unrelated
content.
The
context
of
this
suggestion
is
that
PTA
in
the
past
ended
up
blocking
non-‐pornographic
content
for
being
pornographic.
Additionally,
rights
activists
suggested
that
PTA
should
not
be
given
powers
to
block
online
content
as
it
was
a
government
body.
Blocking
the
online
content
should
have
been
the
jurisdiction
of
an
independent
judicial
body.93
● Also,
PECA
binds
FIA
to
submit
half
a
yearly
report
around
PECA
implementation.
When
the
act
came
into
force,
rights
activists
suggested
that
this
mechanism
could
have
been
strengthened
to
check
human
rights
violations
but
it
was
least
likely
that
parliamentarians
would
take
up
such
measures.
Fast
forward
to
March
2018,
since
the
past
19
months,
FIA
was
only
able
to
submit
only
one
report
that
too
after
a
lapse
of
17
months
in
January
2018.
The
details
of
the
report
are
not
public
yet
and
there
is
no
publicly
available
information
that
could
suggest
that
parliamentarians
took
up
the
matter
of
human
rights
violations
under
PECA.
However,
according
to
parts
of
the
report
available
with
Digital
Rights
Monitor,
FIA
requested
the
government
to
make
cognizable
some
offences
owing
to
their
critical
nature.
These
include
access,
modification,
interference,
deletion
to
critical
infrastructure
(Sections
6,7
&
8),
electronic
forgery
(section
13),
electronic
fraud
(Section
14),
unauthorized
issuance
of
SIM
cards
(Section
17),
tampering
of
electronic
equipment
(Section
18),
cyberstalking
(Section
24)
and
spoofing
(Section
26).
94
● Also,
in
the
midst
of
rising
cybercrimes
where
courts
are
faced
with
challenges
of
dealing
with
cybercrimes,
government
should
have
expedited
the
process
of
training
presiding
officers.
Without
understanding
cybercrime,
there
is
a
chance
that
justice
might
not
be
dispensed.
95
● Another
concern
is
about
real
time
collection
of
information.
It
allows
officers
to
collect
real
time
information
through
courts’
orders
for
seven
days.
However,
it
doesn’t
put
bar
on
the
number
of
times
the
warrant
could
be
reissued.
This
law
also
doesn’t
specify
what
type
of
technology
could
be
used
to
carry
out
surveillance.96
93
Talal
Raza,
The
Dilemma.
94
Talal
Raza,
“FIA
submits
‘half-‐yearly’
report
on
electronic
crimes
after
a
one
year
delay;
asks
for
7
offences
to
be
declared
‘non-‐bailable’
and
a
ban
on
‘Bitcoin’”,
Digital
Rights
Monitor,
January
18,
2018,
accessed
March
20,
2018,
http://digitalrightsmonitor.pk/fia-‐submits-‐half-‐yearly-‐
report-‐on-‐electronic-‐crimes-‐after-‐a-‐one-‐year-‐delay-‐asks-‐for-‐7-‐offences-‐to-‐be-‐declared-‐non-‐
bailable-‐and-‐a-‐ban-‐on-‐bitcoin.
95
Talal
Raza,
The
Dilemma
96
Ibid.
45
Recommendations
Initially,
when
the
human
rights
activists
put
forth
these
concerns,
they
were
brushed
aside
by
the
government.
IT
Minister
Anusha
Rehman
even
accused
civil
society
of
weakening
the
law.
However,
as
the
months
passed
by,
ironically,
the
same
law
was
used
to
arrest
political
workers,
some
of
them
apparently
affiliated
with
the
ruling
party.
97Even
members
of
other
political
parties
were
arrested
for
expressing
their
views
online
against
the
military.
However,
there
has
not
been
much
interest
shown
publicly
by
political
parties
in
taking
measures
to
reform
PECA.
Former
Senator
Farhatullah
Babar
noted
that
one
way
for
civil
society
to
influence
the
law
was
to
engage
with
government
on
formulation
of
the
rules
under
PECA.
However,
rules
have
yet
to
be
finalized.
Surprisingly,
government
officials
at
MOITT,
the
ministry
leading
the
rules
formation
process,
were
not
clear
when
the
rules
would
be
finalized.
The
overall
lack
of
transparency
in
the
rules
only
give
credence
to
the
concerns
of
the
civil
society
that
backdoors
were
deliberately
left
within
the
law
to
twist
the
arms
of
political
opponents,
journalists
and
other
free
speech
activists.
Moving
forward,
the
following
actions
are
needed
from
the
government
and
other
stakeholders.
i.
The
government
should
prepare
the
rules
devised
under
PECA
at
the
earliest
so
that
specifics
are
made
clear
on
how
the
executive
would
operate
under
PECA.
ii
The
government
should
also
find
ways
to
make
the
process
of
online
content
blocking
more
transparent.
iii.
The
government
should
ensure
that
presiding
officers
listening
to
court
cases
are
given
training
around
cybercrimes
and
build
their
capacity
to
prevent
misapplication
of
law.
iv..
Civil
society
actors
also
need
to
come
together
and
run
organized,
targeted
advocacy
and
lobbying
campaigns
aimed
at
different
stakeholders
including
journalists,
parliamentarians
and
academia
to
help
them
understand
the
implications
of
the
law.
Unless,
the
issue
begins
resonating
with
them,
it
will
be
hard
to
push
for
a
change
and
convince
government
lawmakers
to
make
amends
to
the
law.
97
Talal
Raza,
“PECA
exposed
as
the
ruling
Pakistan
Muslim
League
Nawaz
falls
victim
to
the
law,”
46
47
48
Chapter
6
E-‐Governance
in
Pakistan:
Hopeful
Signs
for
the
Future
Waqas
Naeem
E-‐governance
initiatives
in
Pakistan
have
received
positive
attention
from
the
federal
and
provincial
governments
in
the
recent
past,
but
the
upward
trajectory
of
these
initiatives
is
undercut
by
territorial
isolation
of
projects,
the
sluggish
pace
of
federal
policymaking,
and
a
digital
divide
that
persists
despite
a
rapid
rise
in
access
to
technology.
The
country
needs
to
consolidate
its
e-‐governance
efforts
at
the
national
level
to
keep
up
with
the
relative
pace
of
progress
in
e-‐governance
in
the
region
and
the
larger
developing
world.
Introduction
E-‐governance
involves
the
use
of
information
and
communication
technologies
(ICT)
by
governments
to
provide
information
and
deliver
services
to
the
public.98
The
Pakistani
federal
government
first
began
thinking
about
e-‐governance
at
the
dawn
of
the
21st
Century
when
it
engaged
in
a
push
for
better
ICT
infrastructure. 99
Recent
domestic
political
activity
around
slogans
of
transparency
and
accountability
has
led
to
a
renewed
surge
in
e-‐governance
projects.100
101
The
fresh
interest
in
e-‐governance
is
also
encouraged
by
Pakistan’s
international
commitments,
such
as
the
United
Nations
(UN)
Sustainable
Development
Goals
(SDGs)
and
the
Open
Government
Partnership,
and
the
country’s
burgeoning
technology
landscape.
The
number
of
Internet
users
in
Pakistan
has
increased
during
the
past
five
years.
Pakistan
had
42.1
million
3G/4G
Internet
subscribers
in
2016-‐17
compared
to
1.4
million
in
2013-‐14,
when
these
services
were
first
introduced.102
During
the
same
period,
broadband
Internet
subscribers
in
the
country
rose
to
44.6
million
from
5.2
million.103
98
“UN
Global
E-‐Government
Readiness
Report
2005:
From
E-‐government
to
E-‐inclusion,”
United
Information
and
Communication
Technology
for
Development,
accessed
March
21,
2018.
http://www.unapcict.org/ecohub/resources/pakistan-‐information-‐technology-‐policy
100
“KP
Govt
introduces
E-‐governance
for
Transparency,
Accountability:
Mushtaq,”
Pakistan
https://www.pta.gov.pk/assets/media/ann_rep_2017.pdf
103
ibid.
49
The
country’s
internet
penetration
numbers
are
still
below
global
and
Asian
averages.104
However,
when
these
statistics
are
coupled
with
the
fact
that
7
in
10
Pakistanis
own
a
cellphone,
the
potential
for
e-‐governance
becomes
clear.105
Pakistan’s
federal
and
provincial
governments
can
use
technology
to
connect
with
the
masses,
at
least
in
the
urban
centres
where
access
is
more
prevalent.106
Additionally,
the
global
discourse
on
e-‐governance
considers
efficient
government
processes,
better
service
delivery,
and
increased
public
participation
through
access
to
information
as
fundamental
characteristics
of
e-‐
governments.107
It
is
essentially
an
ICT-‐route
to
good
governance.108
Perhaps
Pakistani
political
parties
have
realised
e-‐governance
could
be
the
way
to
win
back
the
trust
of
a
public
which
is
all
too
familiar
with
corruption,
incompetence,
and
inefficiency
in
government
operations.109
Policy
and
Regulatory
Background
The
earliest
hint
at
e-‐governance
in
Pakistan
appears
in
the
federal
government’s
Information
Technology
(IT)
Policy
and
Action
Plan,
launched
in
the
year
2000.
While
the
policy
did
not
explicitly
use
the
term
e-‐governance,
it
did
mention
the
use
of
information
technology
in
the
functioning
of
the
government.110
It
also
suggested
setting
up
IT
boards
in
each
province,
and
advised
that
national
databases
of
economic
activities
should
be
made
accessible
to
the
public
online
to
encourage
transparency.
However,
its
main
focus
was
on
IT
infrastructure.
Subsequently,
an
Electronic
Government
Directorate
was
established
in
2002.
It
worked
on
a
number
of
automation
and
e-‐service
projects
104
Umer
Ali,
and
Harris
bin
Munawwar,
“Internet
Landscape
of
Pakistan
2017,”
Bytes
for
All,
https://www.pta.gov.pk//en/telecom-‐indicators
106
“Offline
and
falling
behind:
Barriers
to
Internet
adoption,”
McKInsey
&
Company,
accessed
Information
and
Communication
Technology
for
Development,
accessed
March
21,
2018.
http://www.unapcict.org/ecohub/resources/pakistan-‐information-‐technology-‐policy
50
before
it
was
merged
with
the
Pakistan
Computer
Bureau
to
form
the
National
IT
Board
in
2014.111
Pakistan
does
not
have
an
active
e-‐governance
policy
at
the
federal
level
at
the
moment,
but
the
draft
Digital
Pakistan
Policy
2017
comes
closest
to
providing
a
foundation
for
e-‐governance
efforts.112
The
draft,
finalised
in
August
2017
and
pending
approval
from
the
Economic
Co-‐
ordination
Committee,
lists
the
promotion
of
e-‐governance
as
its
12
policy
goals.
It
suggests
integrated
government
databases
and
applications
could
help
ensure
efficiency,
transparency
and
accountability.113
The
draft
policy
also
mentions
the
need
for
better
service
delivery,
digital
security
for
government
departments,
human
resources
in
IT,
and
e-‐government
service
portals
for
information
dissemination
within
government
and
to
citizens.
A
cross-‐cutting
goal,
for
which
action
plans
will
supposedly
be
prepared
later,
is
the
digitisation
of
sectors
such
as
agriculture,
health,
and
commerce.
These
e-‐
governance
aspects
of
the
policy
are
in
line
with
some
targets
listed
under
the
SDG
16,
which
is
discussed
in
more
detail
later
in
this
chapter.
Other
than
the
draft
policy
and
broader
regulations
for
telecommunication
and
Internet
use,
there
is
no
separate
set
of
regulations
for
ICT
in
the
country
apparently.114
The
18th
Constitutional
Amendment
allowed
provinces
autonomy
in
a
number
of
areas.
While
communications
remained
a
federal
subject,
there
was
no
apparent
limitation
on
provinces
to
pursue
information
technology
(IT)
issues.
Perhaps
that’s
why
provincial
digital
policies
operate
largely
independently
of
the
federal
IT
ministry.
The
Khyber
Pakhtunkhwa
government,
for
example,
has
outlined
a
“broader
view”
of
e-‐governance,
which
is
not
limited
to
digitisation
of
public
records
but
will
allow
citizens
to
access
government
services.115
Punjab
set
up
its
IT
board
as
early
as
1999,
Sindh
in
2002,
and
Khyber
Pakhtunkhwa
in
2011.116,117,118
Balochistan
has
an
IT
department
that
is
focused
on
e-‐governance.119
111
“Introduction,”
National
Information
Technology
Board,
accessed
March
21,
2018.
http://www.nitb.gov.pk/index.php/features/overview
112
“Digital
Pakistan
Policy
2017,”
Federal
Ministry
of
Information
Technology
and
https://tribune.com.pk/story/809176/pakistan-‐lack-‐laws-‐on-‐ict/
115
“E-‐governance,”
Government
of
Khyber
Pakhtunkhwa,
accessed
March
21,
2018.
http://kp.gov.pk/page/e_governance
116
“About
Us,”
Punjab
Information
Technology
Board,
accessed
March
21,
2018.
https://www.pitb.gov.pk/about
117
“Karachi:
Sindh
IT
board
constituted,”
DAWN,
last
modified
November
22,
2002.
https://www.dawn.com/news/67931
118
“About
KPITB,”
Khyber
Pakhtunkhwa
Information
Technology
Board,
accessed
March
21,
2018. http://www.kpitb.gov.pk/about
51
The
Punjab
IT
Board
(PITB)
and
the
Khyber
Pakhtunkhwa
IT
Board
(KPITB)
–
more
active
than
their
national
counterparts
–
are
leading
the
e-‐governance
initiatives
in
the
country.
The
Current
State
of
E-‐Governance
in
Pakistan
The
pre-‐dominant
forms
of
e-‐governance
interventions
launched
by
the
PITB,
the
KPITB,
and
federal
ministries,
including
the
IT
ministry,
can
be
termed
as
government-‐to-‐government
(G2G)
and
government-‐to-‐citizen
(G2C)
services
in
global
e-‐governance
parlance.
The
IT
ministry’s
key
focus
areas
have
been
digitisation
of
records
and
the
development
an
e-‐office
suite
that
can
be
deployed
in
all
federal
government
institutions
to
move
away
from
the
traditional
offline
filing
system. 120
The
ministry
has
held
intra-‐governmental
events
to
promote
the
e-‐suite
and
also
conducted
trainings.121
122
The
NITB,
which
works
under
the
IT
ministry,
led
the
development
of
this
e-‐
office
suite.123
Its
other
e-‐governance
projects
include
an
online
recruitment
system
for
the
federal
public
service
commission
and
an
online
complaint
cell
for
the
ministry
of
water
and
power.
At
the
federal
level,
the
National
Database
&
Registration
Authority
(NADRA)
serves
as
a
good
example
of
an
e-‐governance
solution
provider.
NADRA
has
used
its
digitised
citizen
identification
and
registration
system
to
develop
smart
ID
cards,
disburse
aid
for
social
security
programs
(such
as
the
Benazir
Income
Support
Program),
and
digitise
civil
registration
(such
as
birth
and
death
certificates).124
The
KPITB’s
strategic
goal
is
to
“accelerate
digitization
in
all
sectors
and
position
the
province
as
a
global
technology
hub”
while
its
vision
includes
“better
services
and
improved
governance
through
ICTs.125”
The
KPITB
has
reached
out
to
the
tech
industry
in
six
districts
through
its
Durshal
project,
which
includes
a
government
innovation
lab
(GIL)
where
innovators,
software
programmers,
and
119
“Home,”
Balochistan
Science
and
Information
Technology
department,
accessed
March
21,
2018.
http://www.balochistan.gov.pk/index.php?option=com_content&view=category&layout=blog&i
d=34&Itemid=732
120
“E-‐governance
Established
to
Promote
Digital
Culture
in
Pakistan,”
ProPakistani,
last
modified
https://www.pakistantoday.com.pk/2014/05/14/e-‐governance-‐for-‐good-‐governance-‐2/
122
“13
ministries
to
have
e-‐filing
system
soon,”
The
News
International
online,
last
modified
http://www.kpitb.gov.pk/about
52
entrepreneurs
can
propose
e-‐governance
solutions
for
local
government
departments.126
The
GIL
is
linked
with
a
six-‐month
fellowship
and
amongst
its
recent
achievements
is
a
smartphone
developed
for
the
Khyber
Pakhtunkhwa
Traffic
Police.127
The
app
allows
citizens
to
receive
live
traffic
updates,
verify
their
licenses,
register
complaints
against
police,
among
other
things
and
works
in
both
G2C
and
Citizen-‐to-‐Government
(C2G)
modes.128
Between
2013
and
2018,
the
Khyber
Pakhtunkhwa
government
has
also
worked
on
up
gradation
of
government
websites,
enacted
a
right
to
information
law
that
includes
online
proactive
disclosure
of
government
records,
launched
an
online
grievance
redress
system
for
citizens,
developed
an
e-‐recruitment
portal,
and
introduced
a
phone-‐and-‐online
system
for
registering
police
complaints.129
130
131
132
133
The
PITB
has
operated
for
a
longer
duration
than
the
KPITB
and
boasts
of
a
vast
portfolio
of
e-‐government
schemes. 134
It
currently
employs
over
1,000
professionals
and
has
built
a
state-‐of-‐the-‐art
17-‐storey
building
for
its
offices
in
Lahore
called
the
Arfa
Software
Technology
Park,
which
also
houses
a
tech
incubator,
a
startup
accelerator,
a
co-‐working
space,
and
an
IT
university.
The
PITB’s
five-‐year
performance
review,
the
“Digital
Punjab:
Enhancing
Public
Services
Through
Technology
2012-‐2017”
report,
provides
case
studies
of
over
80
projects
altogether
in
sectors
such
as
health,
law
and
order,
education,
and
agriculture
as
well
as
in
services
related
to
citizens
and
the
general
automation
of
government
functions.135
In
the
health
sector,
the
PITB
developed
a
G2G
smartphone
application
for
the
Extended
Programme
on
Immunisation
(EPI),
which
administers
vaccinations
to
children
for
nine
diseases,
including
polio,
measles,
and
Hepatitis-‐B.
The
PITB
claims
the
application
allowed
EPI
to
monitor
attendance
and
performance
of
126
“Durshal
|
Project
Description,”
Khyber
Pakhtunkhwa
Information
Technology
Board,
accessed
March
22,
2018.
http://www.kpitb.gov.pk/projects/durshal
127
“Durshal
GIL,”
Durshal,
accessed
March
22,
2018.
http://www.durshal.com/gil
128
Ebtihaj,
“A
step
towards
digital
KPK,”
Code
for
Pakistan,
last
modified
July
2,
2017.
http://codeforpakistan.org/blog/2017/07/02/a-‐step-‐towards-‐digital-‐kpk/
129
“Right
to
Information:
K-‐P
becomes
first
province
to
enact
updated
RTI,”
The
Express
Tribune
http://apply.kp.gov.pk/
132
“Increased
accessibility:
Police
launches
automated
complaint
redressal
system,”
The
Express
53
vaccinators
in
three
provinces
and
helped
vaccinators
send
immunisation
data
in
real-‐time
to
a
central
database,
with
marked
improvements.136
While
the
immunisation
app
is
for
internal
use,
a
similar
monitoring
of
education
performance
has
been
linked
with
a
public-‐facing
data
portal.
The
PITB
worked
with
the
Punjab
education
department
to
give
school
monitoring
officers
tablet
PCs
to
log
performance
data
including
statistics
on
enrolment,
attendance
and
basic
facilities.
Previously
paper
forms
were
used.
The
database
now
has
information
from
over
1.3
million
monitoring
visits
and
can
be
viewed
on
a
dedicated
website.137
In
its
report,
the
PITB
claims
the
system
has
resulted
in
4%
improvements
in
teacher
and
student
presence
as
well
as
efficient
provision
of
support
to
schools
that
fall
below
target
performance.
Among
the
purely
G2C
e-‐governance
services
launched
by
the
PITB,
the
e-‐
Khidmat
Markaz
(or
e-‐Service
Centre)
facility
is
now
operational
in
seven
districts.
These
centres
“offer
17
different
services”
such
as
traffic
fine
collection
and
issuance
of
route
permits.138
The
PITB
claims
these
centres
have
served
over
0.7
million
citizens
and
processed
0.35
million
applications.
In
addition
to
these
efforts,
all
four
provinces
are
in
the
process
of
digitising
their
land
records
and
setting
geographical
information
systems
for
their
land
records.
Some
of
these
e-‐governance
initiatives
fulfill
at
least
at
a
sub-‐national
level
the
sixth
target
of
UN’s
SDG
16
(Peace,
Justice
and
Strong
Institutions),
which
most
directly
supports
e-‐governments.139
Target
6
calls
on
member
governments
to
“develop
effective,
accountable
and
transparent
institutions
at
all
levels.140”
The
Khyber
Pakhtunkhwa’s
online
police
complaints
system
–
Punjab
has
also
deployed
a
similar
system
–
attempts
to
bring
transparency,
for
example,
to
the
police
department.
The
UN
also
recognises
police
as
one
of
the
two
institutions
most
affected
by
corruption
worldwide.141
Similarly,
some
of
the
Punjab
and
Khyber
Pakhtunkhwa
e-‐governance
projects,
such
as
the
service
centres
and
grievance
redress
system
respectively,
might
promote
effective
governance
and
accountability.
Two
other
targets
of
SDG
16
also
link
with
e-‐governance.
These
are
target
7,
which
seeks
to
“ensure
responsive,
inclusive,
participatory
and
representative
136
ibid.
137
“Home,”
Programme
Monitoring
&
Implementation
Unit,
Government
of
Punjab,
accessed
March
22,
2018.
http://open.punjab.gov.pk/schools/home/landing
138
“Digital
Punjab:
Enhancing
Public
Services
Through
Technology
2012-‐2017,”
Punjab
https://www.undp.org/content/undp/en/home/sustainable-‐development-‐goals/goal-‐16-‐peace-‐
justice-‐and-‐strong-‐institutions/targets/
141
ibid.
54
decision-‐making
at
all
levels”,
and
target
10,
which
asks
governments
to
“ensure
public
access
to
information
and
protect
fundamental
freedoms,
in
accordance
with
national
legislation
and
international
agreements”. 142
Target
10
is
especially
important
since
it
leads
to
open
data
and
online
public
participation,
which
are
key
components
of
e-‐government
development
indicators.143
While
most
of
the
e-‐governance
schemes
introduced
in
the
Pakistan
seem
to
contribute
little
to
increase
participatory
decision-‐making,
Pakistan
has
a
strong
presence
of
access
to
information
legislations.
In
2010,
the
country’s
constitution
gave
citizens
the
right
of
access
to
information
through
its
Article
19-‐A.144
On
paper,
Pakistan’s
four
provinces
and
the
federal
area
currently
have
right
to
information
(RTI)
laws.
The
Khyber
Pakhtunkhwa,
Punjab,
Sindh
and
federal
governments
enacted
new
access
to
information
laws
between
2013
and
2018.
However,
the
implementation
of
these
laws
is
flawed.
Khyber
Pakhtunkhwa’s
government
tried
to
introduce
amendments
to
weaken
sections
in
the
law
that
empowered
citizens
in
February
2018. 145
The
Punjab
government
has
not
appointed
new
information
commissioners,
thereby
making
the
appellate
body
set
up
under
the
law
dysfunctional.146
Sindh
and
the
federal
area
have
not
even
established
appellate
bodies
mandated
by
their
respective
laws.147
Perhaps
due
to
the
slow
and
demanding
nature
of
the
RTI
application
process,
the
general
public
has
not
taken
to
the
laws
significantly,
and
mostly
only
civil
servants,
human
rights
activists
and
journalists
have
use
the
laws
regularly.148
The
gap
between
a
law
(or
policy)
and
its
implementation
is
emblematic
of
Pakistan’s
governance
problems.
Often
it
is
because
governments
pass
legislation
or
policies
without
adequate
stakeholder
consultations
or
appropriate
attention
towards
execution
and
then
ignore
unresolved
concerns
because
circumstances
force
their
focus
to
shift
to
other
policy
issues.149
142
ibid.
143
“United
Nations
E-‐government
2016
Survey:
E-‐government
in
Support
of
Sustainable
Development,”
United
Nations
Public
Administration
Network,
accessed
March
22,
2018.
http://workspace.unpan.org/sites/Internet/Documents/UNPAN97453.pdf
144
“Article:
19A
Right
to
Information,”
Pakistan
Constitutional
Law,
accessed
March
22,
2018.
https://pakistanconstitutionlaw.com/article-‐19a-‐right-‐to-‐information/
145
Waqas
Naeem,
“KP
Government’s
Proposed
Amendments
would
weaken
RTI
Law”
Media
for
https://www.dawn.com/news/1056309
55
The
shaky
status
of
RTI
implementation
is
a
reminder
that
strong
policies
can
come
to
naught
if
they
are
not
executed
well.
Poor
implementation
could
pose
a
challenge
to
Pakistan’s
e-‐governance
ambitions,
too.
The
country’s
participation
in
the
Open
Government
Partnership
has
been
marred
by
a
similar
lack
of
timely
response.
In
2016,
Pakistan
joined
the
Open
Government
Partnership
(OGP),
a
multilateral
initiative
that
secures
commitments
from
governments
to
support
transparency
and
use
of
technology
for
better
governance.150
However,
Pakistan
has
blown
two
deadlines
to
submit
a
national
action
plan
forcing
the
OGP
administration
to
send
two
letters
to
the
Pakistani
government
reminding
it
of
its
responsibility.151
152
In
an
OGP
national
action
plan,
a
government
usually
lists
its
commitments
towards
opening
government
processes
to
the
citizens
and
the
actual
steps
it
would
take
to
realise
those
commitments.
For
example,
the
Canadian
government
has
committed
to
enhance
access
to
information
and
increase
transparency
in
budget
processes,
among
other
promises. 153
These
commitments
are
then
independently
evaluated
by
the
OGP.
Pakistan’s
performance
at
the
OGP
is
no
different
from
its
domestic
federal
digital
policy,
mentioned
earlier
in
this
chapter,
the
pending
approval
of
which
has
also
delayed
the
formulation
of
any
action
plans
relevant
to
the
policy.
Another
crucial
challenge
to
e-‐governance
in
Pakistan
is
presented
by
domestic
political
rivalries
that
often
lead
to
superficial
and
temporary
support
for
important
issues.
When
the
Pakistan
Tehreek-‐e
Insaf
(PTI)-‐led
Khyber
Pakhtunkhwa
government
passed
its
RTI
law
in
2013,
the
Pakistan
Muslim
League-‐Nawaz
(PML-‐N)
quickly
enacted
a
similar
law
in
Punjab
to
match
it.154
Now
the
Punjab
government
seems
to
have
lost
interest
in
RTI
and
has
not
bothered
to
appoint
new
information
commissioners
to
ensure
effective
implementation
of
its
law.
Political
competition
is
common
in
Pakistan
since
the
federal
and
provincial
governments
are
led
by
three
different
political
parties
(PML-‐N
in
the
centre
and
Punjab;
Pakistan
People’s
Party
(PPP)
in
Sindh;
and
PTI
in
Khyber
Pakhtunkhwa)
150
“Pakistan,”
Open
Government
Partnership,
accessed
March
22,
2018.
https://www.opengovpartnership.org/countries/pakistan
151
“OGP_Letter_Pakistan_November2017,”
Open
Government
Partnership,
accessed
March
22,
2018.
https://www.opengovpartnership.org/sites/default/files/OGP_Letter_Pakistan_November2017.
pdf
152
“Pakistan_Cohort
Shift
Letter_Jan2018,”
Open
Government
Partnership,
accessed
March
22,
2018.
https://www.opengovpartnership.org/sites/default/files/Pakistan_Cohort%20Shift%20Letter_J
an2018.pdf
153
“Canada,”
Open
Government
Partnership,
accessed
March
22,
2018.
https://www.opengovpartnership.org/countries/canada
154
Muhammad
Anwar,
“Broken
Promises
on
RTI,”
The
Express
Tribune
online,
last
modified
56
and
a
political
alliance
(Balochistan).
The
competition
has
some
positive
consequences,
such
as
the
passage
of
RTI
laws
or
attention
towards
e-‐
governance
initiatives.
But
the
mutually
antagonistic
politics
by
the
three
major
parties
–
PML-‐N,
PPP
and
PTI
–
also
limits
their
ability
to
collaborate
and
co-‐
operate
at
the
national
level.
Even
when
there
is
technological
co-‐operation,
the
political
leadership
wastes
no
time
in
political
point-‐scoring.155
As
a
result,
most
of
the
e-‐governance
projects
remain
territorially
isolated
in
one
or
the
other
province.
The
ones
that
have
been
deployed
nationwide
were
developed
by
the
PITB,
which
enjoys
patronage
from
the
ruling
PML-‐N
in
the
federal
government.
On
the
other
hand,
Pakistan’s
e-‐governance
commitments,
such
as
the
SDG
targets
and
OGP,
not
sub-‐national
issues
but
national
concerns.
It
is
unsurprising,
then,
that
Pakistan
ranked
159
out
of
193
countries
in
a
2016
UN
survey
on
e-‐governments.156
The
survey
calculates
its
E-‐government
Development
Index
(EGDI)
–
a
composite
of
telecom
infrastructure,
human
capital,
and
a
survey-‐based
online
service
index
(OSI)
–
at
the
national
level.
The
OSI
is
calculated
through
surveys
of
technological
features
of
national
websites
and
e-‐government
policies
and
strategies
applied
for
service
delivery.
If
the
federal
performance
lags
behind
provincial
achievements
as
is
the
case
in
Pakistan,
then
it
is
going
to
reflect
poorly
on
the
international
standing.
Pakistan’s
position
in
the
ranking
has
also
worsened
over
the
past
few
years.157
The
EGDI
is
a
relative
indicator,
so
the
drop
in
Pakistan’s
ranking
does
not
necessarily
mean
Pakistan’s
e-‐government
development
has
deteriorated.
In
fact,
it
means
other
countries
have
improved
their
e-‐government
development
at
a
quicker
pace
than
Pakistan.
It
is
likely
that
Pakistan’s
EGDI
will
improve
when
its
recent
increase
in
Internet
penetration
is
reflected
in
the
rankings
in
the
future,
but
the
challenge
of
national-‐level
consolidation
of
e-‐governance
remains.
A
final
challenge
Pakistan
needs
to
reckon
with
is
its
persistent
digital
divide.
While
there
is
no
doubt
that
ICTs
have
proliferated
rapidly,
three
quarters
of
the
population
still
do
not
have
access
to
Internet.
But
the
divide
is
not
simply
one
of
e-‐haves
and
e-‐have-‐nots
based
on
class.
The
social
divisions
of
gender,
religion,
and
ethnicity
amplify
the
digital
divide.
In
towns
and
villages
where
women
are
not
allowed
to
vote
in
general
elections,
they
might
also
not
be
allowed
to
use
technology.
155
“Rana
Sanaullah
criticises
KP
Police
for
Delayed
Arrest
in
Asma
Murder
Case,”
Dunya
News
Development,”
United
Nations
Public
Administration
Network,
accessed
March
22,
2018.
http://workspace.unpan.org/sites/Internet/Documents/UNPAN97453.pdf
157
Hasaan
Khawar,
“Moving
beyond
e-‐governance,”
The
Express
Tribune
online,
last
modified
57
The
digital
divide
might
not
seem
like
an
insurmountable
task
but
it
would
take
a
lot
of
time,
money,
and
resources
to
connect
more
towns
and
villages
in
the
country’s
rural
areas
to
the
Internet
and
also
to
bring
down
the
cost
of
Internet
use.
Demand
for
data
services
has
already
pushed
cellular
service
providers
to
lower
costs
or
offer
subsidised
packages.158
Efforts
such
as
the
collaboration
between
Telenor
and
Facebook
to
provide
free
access
to
the
social
network
could
also
help
increase
Internet
penetration.159
Reflections
The
development
trajectory
of
e-‐governance
in
Pakistan
over
the
past
five
years
shows
a
healthy
upward
trend.
The
institutional
foundations
provided
by
the
PITB
and
KPITB
are
likely
to
support
more
local
government
projects
and
inspire
better
strategies
and
solutions.
At
the
same
time,
the
major
hindrances
to
e-‐
government
will
come
from
traditional
government’s
inefficient
practices,
entrenched
political
divides,
and,
to
a
certain
extent,
social
exclusion.
A
more
comprehensive
e-‐government
rollout
will
be
gradual
but
inevitable.
Pakistan’s
middle
class
is
growing.160
The
country’s
economy
is
also
increasingly
becoming
reliant
on
the
services
sector.161
These
two
factors
will
inevitably
increase
the
demand
for
e-‐solutions
to
civic
problems
because
the
growth
of
the
services
sector
is
driven
by
private
consumption
and
most
consumption
now
takes
place
online.
The
middle-‐income,
young,
urban
citizens
will
take
easily
to
technological
innovations
and
are
more
likely
to
appreciate
a
slimmer,
more
efficient
form
of
government
such
as
an
e-‐government.
E-‐governance
initiatives
will
have
to
prove
their
utility
to
this
demographic
before
these
can
be
expanded
nationwide.
Fortunately
existing
e-‐governance
projects
have
largely
focused
on
bigger
districts
and
cities.
These
projects
have
also
mainly
dealt
with
the
most
basic
public
sectors,
such
as
health
and
education.
Better
service
delivery
in
these
areas
would
be
welcomed
because
the
privatisation
of
health
and
education
has
created
severe
economic
pressures
on
the
Pakistani
urban
middle
class.
Recommendations
Pakistan
needs
to
adopt
an
e-‐governance
policy
at
the
federal
level
and
develop
an
action
plan
urgently.
The
federal
IT
ministry
should
also
take
the
lead
in
integrating
the
federal
plan
with
the
provincial
strategies
and
align
the
vision
and
goals
at
the
national
level
so
Pakistan
can
project
a
unified
stance
to
the
international
community.
For
this
to
happen,
the
federal
IT
ministry
will
have
to
158
“Internet
Offers,”
Telenor
Pakistan,
accessed
March
22,
2018.
https://www.telenor.com.pk/personal/telenor/offers/internet-‐offers
159
“Facebook
Flex,”
Telenor
Pakistan,
accessed
March
22,
2018.
https://www.telenor.com.pk/facebook-‐flex
160
Salman
Siddiqui,
“Pakistan’s
middle
class
continues
to
grow
at
rapid
pace,”
The
Express
https://www.dawn.com/news/1385838
58
rise
above
partisan
politics
and
foster
collaborations
between
all
IT
departments
and
boards.
Pakistan’s
tech
community
does
not
mobilise
itself
along
geographical
lines,
after
all.
It
represents
the
whole
of
the
country.
In
fact,
the
modern
tech
work
philosophy
is
based
on
collaborations
and
remote
workspaces.
It
would
be
silly
then
that
the
local
governments
work
on
e-‐
governance
separately
and
in
competition.
The
government
also
needs
to
focus
on
more
G2C
and
C2G
e-‐governance
services
to
build
ownership
of
these
schemes
among
the
public.
Intra-‐government
services
are
beneficial
but
unless
the
government
engages
the
public
by
offering
information
and
role
in
decision-‐making
processes,
the
people
will
treat
e-‐
government
as
they
treat
traditional
government:
with
suspicion
and
cynicism.
Better
Internet
connectivity,
lower
prices
for
Internet
use,
and
cheaper
digital
devices
will
together
help
get
more
people
to
connect
to
the
World
Wide
Web.
The
governments
could
look
to
fund
primary
and
secondary
schools
for
IT
equipment
to
encourage
digital
literacy.
Local
manufacturing
could
be
promoted
to
bring
prices
of
technology
down.
The
government
should
also
look
at
securing
its
information
and
the
public’s
data
online.
Data
protection
and
privacy
laws
should
be
enacted
to
ensure
safety
and
security
of
digital
information.
Finally,
a
consistent
political
will
to
pursue
and
develop
e-‐governance
in
the
country
is
required.
It
would
require
across-‐the-‐board
consensus
to
minimise
political
interference
and
maintain
a
steady
pace
of
progress.
59
60
Chapter
7
Growth
in
E-‐commerce
shows
Promising
Signs
for
Local
Digital
Services
Industry
Waqas
Naeem
The
digital
services
industry
in
Pakistan
is
growing.
From
ride
sharing
to
buying
real
estate
and
ordering
food
delivery,
Pakistanis
are
increasingly
using
digital
services
in
their
everyday
life.
The
rise
in
e-‐commerce
has
attracted
international
players
such
as
Careem
and
Daraz,
encouraged
homegrown
enterprises
such
as
Zameen
and
homeshopping.pk,
and
given
a
convenient
social
media-‐based
business
model
to
hundreds
of
small
businesses.
Despite
the
demand,
the
industry
faces
issues
related
to
regulation,
taxation
and
seller
protections
while
consumers
are
beginning
to
ask
for
data
protection
and
privacy
guarantees
from
the
government.
Introduction
Pakistanis
bought
one
million
items
from
Daraz.pk,
the
Pakistan
branch
of
the
UK
government-‐funded
online
marketplace
Daraz,
and
helped
the
company
earn
Rs.
3
billion
in
revenues
during
its
2017
Big
Friday
sale
–
the
local
equivalent
of
Black
Friday
sale,
which
marks
the
beginning
of
the
Christmas
shopping
season
internationally.162
163
164
The
online
shopping
platform,
developed
by
German
company
Rocket
Internet,
was
only
launched
in
2012
and
first
imported
the
Black
Friday-‐inspired
shopping
holiday
concept
to
Pakistan
in
2015.165
166
The
meteoric
rise
in
its
popularity
and
sales
within
two
years
is
indicative
of
the
growing
interest
and
familiarity
in
e-‐commerce
and
online
retail
in
Pakistan.
According
to
the
State
Bank
of
Pakistan,
the
size
of
Pakistan’s
local
e-‐commerce
market
in
terms
of
pre-‐paid
transactions
(through
online
debit/credit
card
and
m-‐wallets)
was
Rs.
9.8
billion
or
around
$93
million
up
until
June
2017.167
This
should
only
reflect
a
small
segment
of
the
actual
e-‐commerce
market
since
the
Pakistan
Telecommunication
Authority
(PTA)
suggests
“more
than
95%
of
e-‐
commerce
transactions
are
done
through
a
cash-‐on-‐delivery
system.168
This
has
162
“Daraz
records
revenue
of
Rs
3
billion
during
Big
Friday
sale,”
Dawn
online,
last
modified
finally
poised
to
take
off,”
The
Express
Tribune,
last
modified
October
2,
2015.
https://tribune.com.pk/story/966196/after-‐a-‐stuttering-‐start-‐rocket-‐internets-‐daraz-‐
ecommerce-‐marketplace-‐is-‐finally-‐poised-‐to-‐take-‐off/
167
“Special
Section
2:
Online
Payment
Platforms
in
Pakistan
–
A
Case
of
B2C
E-‐Commerce,”
State
https://www.pta.gov.pk/assets/media/ann_rep_2017.pdf
61
led
experts
to
estimate
the
total
size
of
the
Pakistani
e-‐commerce
market
at
around
Rs.
65
billion
or
$600
million.169
State
bank
data
shows
that
Pakistani
consumers
also
made
transactions
worth
Rs.
20.8
billion
on
international
e-‐commerce
websites.170
The
number
of
mobile
wallet
(m-‐wallet)
accounts
in
the
country
reached
the
20-‐million
mark,
with
nearly
Rs.
2
billion
worth
of
transactions,
in
2016.171
With
146
million
cellphone
subscribers
and
25.6%
Internet
penetration,
it
is
likely
that
e-‐commerce
will
continue
to
grow
in
Pakistan.172
The
growth
in
online
business
activity
is
also
putting
pressure
on
the
government
to
offer
a
policy
and
regulatory
framework
for
the
industry.
Policy/Regulatory
Background
The
ministry
of
commerce
finalised
a
policy
framework
for
e-‐commerce
in
January
2018
after
deliberating
on
it
for
a
two-‐year
period.173
It
is
going
to
be
approved
by
the
prime
minister
reportedly
before
it
can
be
enacted.
The
policy
and
its
associated
action
plans
include
a
licensing
and
regulatory
regime
for
e-‐
commerce
entities,
supportive
financial
services,
and
consumer
data
protection
laws,
according
to
a
news
report.
Meanwhile,
the
Pakistan
Electronic
Crimes
Act
(PECA)
2016
provides
punishments
for
electronic
fraud.174
The
Federal
Investigation
Agency
(FIA)
has
taken
action
against
fraudulent
online
businesses
recently
but
it
is
not
clear
if
this
was
done
under
the
PECA
provisions.175
The
National
Response
Centre
for
Cyber
Crime
at
the
FIA
lists
financial
fraud
in
its
categories
of
cyber
crime.176
169
Adam
Dawood,
“SBP
Data
shows
Pakistan’s
E-‐commerce
Market
crossed
$600
Million
Mark
in
https://www.pta.gov.pk/assets/media/ann_rep_2017.pdf
172
“Telecom
Indicators,”
Pakistan
Telecommunication
Authority,
accessed
March
24,
2018.
https://www.pta.gov.pk//en/telecom-‐indicators
173
Ghulam
Abbas,
“Ministry
of
Commerce
finalises
e-‐commerce
policy,”Profit
magazine
Pakistan
62
However,
in
October
2017
court
sentenced
three
people
to
five
years’
imprisonment
under
the
older
Electronic
Transaction
Order
2002
rather
than
PECA.177
The
e-‐commerce
policy
is
also
likely
to
resolve
taxation
uncertainties
surrounding
e-‐commerce
in
the
country.
The
federal
government
levied
a
tax
on
e-‐commerce
companies
in
2018
but
provinces
can
also
collect
service
charges
from
e-‐commerce
entities,
leading
to
a
lack
of
clarity
on
tax
jurisdictions.178
The
Federal
Board
of
Revenue
introduced
a
0.5%
tax
on
e-‐commerce
turnover
through
Finance
Act
2017,
which
amended
the
Tax
Ordinance
2001. 179
The
Section
2(38b)
of
the
ordinance
now
defines
an
“online
marketplace”
as
“an
information
technology
platform
run
by
e-‐commerce
entity
over
an
electronic
network
that
acts
as
a
facilitator
in
transactions
that
occur
between
a
buyer
and
seller.180”
E-‐commerce
companies
have,
however,
requested
the
government
for
a
10-‐year
tax
holiday.181
The
PTA
seems
to
be
supporting
the
State
Bank
and
other
state
institutions
in
coordinating
with
cellular
mobile
networks,
which
lead
the
major
mobile-‐based
branchless
banking
services
in
the
country,
and
technology
service
providers.
The
telecomm
regulator
is
also
part
of
the
National
Financial
Inclusion
Strategy,
which
aims
to
increase
the
number
of
adults
with
a
bank
or
m-‐wallet
account
to
50%.182
The
PTA
now
also
issues
a
Third
Party
Service
Provider
license
for
interoperability
in
mobile
financial
services.183
Main
Section
Daraz.pk
is
not
the
only
thriving
online
marketplace
in
Pakistan.
Homeshopping.pk,
for
example,
started
out
of
a
bedroom
with
only
a
Rs.
10,000
capital
investment.
Now
its
turnover
stands
at
nearly
one
billion
rupees
and
it
177
Rizwan
Shehzad,
“Cybercrime
court
gives
first
judgment
in
fraud
case,”
The
Express
Tribune
government,”
Profit
magazine
Pakistan
Today
online,
last
modified
February
23,
2018.
https://profit.pakistantoday.com.pk/2018/02/23/leading-‐e-‐commerce-‐companies-‐demand-‐ten-‐
year-‐tax-‐holiday-‐from-‐government/
182
“Annual
Report
2017,”
Pakistan
Telecommunication
Authority,
accessed
March
24,
2018.
https://www.pta.gov.pk/assets/media/ann_rep_2017.pdf
183
ibid.
63
plans
to
start
its
own
home
shopping
TV
channel.184
The
Yayvo
marketplace
–
owned
by
courier
company
TCS
–
plans
to
triple
its
revenue
in
2018.185,186
In
2017,
Yayvo
had
expected
sales
worth
Rs.
500
million
during
its
Black
Friday-‐
equivalent
shopping
week.187
These
portals
have
benefitted
tremendously
from
developing
marketing
campaigns
along
national
days
(such
as
Pakistan
Day
or
Independence
Day,
religious
festivals
(such
as
Eid),
and
dedicated
shopping
holidays
(such
as
Black/Big
Friday).188
189
These
online
marketplaces
are
just
one
of
the
five
major
e-‐commerce
players
identified
by
the
State
Bank
in
its
first
quarter
report
for
2017-‐18.
The
major
players
include
e-‐retailers
and
online
intermediaries.
The
e-‐retailers
are
mostly
brand
stores
that
have
brick-‐and-‐mortar
shops
but
have
now
developed
online
shops
to
cater
to
the
Internet
users.
Fashion
brands,
such
as
Khaadi,
Alkaram
and
Sana
Safinaz
are
some
examples.190
191
192
But
the
trend
is
not
limited
to
fashion.
Fast
food
chains
and
even
bookstores,
such
as
Liberty
Books,
receive
orders
online
and
deliver
throughout
Pakistan.
The
so-‐called
online
intermediaries
are
the
earliest
examples
of
the
use
of
the
Internet
in
Pakistan
as
a
vehicle
for
commerce.
Some
of
these
started
as
informal
information-‐sharing
networks
but
have
now
acquired
the
status
of
classified
advertising
websites
serving
millions
of
Pakistanis.
The
popular
PakWheels.com
started
as
an
online
discussion
forum
for
car
enthusiasts
in
2003
but
quickly
developed
into
a
website
that
allows
users
to
buy
and
sell
new
and
used
vehicles
and
automobile
parts.
The
forum
part
is
still
intact
but
now
it
is
just
one
part
of
an
array
of
services
such
as
insurance
quotes,
auction
sheet
verification,
and
car
loan
comparisons.193
184
“Realising
Digital
Pakistan:
An
Internet
not
for
the
few,
but
for
the
many
January
2016,”
Telenor
Pakistan,
accesed
March
24,
2018.
https://www.telenor.com.pk/media/wysiwyg/TELENOR_Realizing_Digital_Pakistan_Jan_2016.p
df
185
“About
Us,”
Yayvo.com,
accessed
March
25,
2018.
http://yayvo.com/about-‐us
186
Adam
Dawood,
“SBP
Data
shows
Pakistan’s
E-‐commerce
Market
crossed
$600
Million
Mark
in
64
Like
PakWheels,
Zameen.com
offers
a
forum
and
blog
section
alongside
its
main
service
of
a
property
portal
to
connect
buyers
and
sellers
of
real
estate.
Users
can
search
for
commercial
plots,
homes,
and
rentals.
The
portal,
launched
in
2006,
is
backed
by
venture
capital.194
While
PakWheels
and
Zameen
cover
two
high-‐demand
yet
niche
markets,
the
website
that
has
perhaps
done
the
most
to
introduce
the
concept
of
online
classifieds
to
the
common
Pakistani
consciousness
is
OLX.
The
Pakistani-‐
alternative
to
Craigslist,
OLX
allows
people
to
put
up
free
classified
ads
on
its
website
to
sell
their
goods
and
products.
It
was
launched
in
2011
and
claims
to
control
90%
of
the
online
classifieds
market
share.195
While
the
online
portals
help
connect
buyers
and
sellers,
the
intermediaries
might
not
exactly
fall
under
e-‐commerce.
OLX-‐based
transactions,
for
example,
are
off-‐site
and
offline,
managed
entirely
by
the
buyer
and
seller
themselves
and
often
involving
cash.
PakWheels
and
Zameen
are
no
different.
This
is
perhaps
why
online
retail
is
still
only
one
percent
of
Pakistan’s
total
retail
sales,
as
it
relies
mostly
on
the
aforementioned
online
marketplaces.196
Still,
the
State
Bank
has
identified
over
500
local
merchants
who
use
banking
channels
to
accept
payments
and
it
is
believed
the
e-‐commerce
market
will
hit
the
$1
billion
mark
by
2020.197
198
A
new
entrant
but
certainly
a
big
player
in
the
digital
service
industry
is
the
“transportation
firms”,
popularly
known
as
ride-‐sharing
apps.
Careem,
the
Dubai-‐based
ride
sharing
platform,
officially
launched
in
Pakistan
in
2016
and
has
since
expanded
from
two
to
12
cities;
it
aims
to
create
one
million
jobs
by
2020.199
Similarly,
Uber
Pakistan
launched
in
March
2016,
but
its
services
are
limited
to
four
cities:
Karachi,
Lahore,
Islamabad,
and
Rawalpindi.200
201
Both
Uber
and
Careem
got
into
regulatory
tussles
with
the
government
in
early
2017
and
faced
temporary
suspensions,
but
these
issues
seem
to
be
moving
194
“About
Us,”
Zameen.com,
accessed
March
25,
2018.
https://www.zameen.com/about/aboutus.html
195
Abbas
Naqvi,
“OLX
–
Thousands
of
products
in
the
palm
of
your
hand,”
Profit
magazine
2017.
https://www.brecorder.com/2017/11/16/381632/its-‐the-‐splurge-‐season/
197
Usman
Sheikh,
“Pakistan’s
e-‐commerce
market
size
set
to
cross
$1b
this
year,”
The
Express
https://www.uber.com/en-‐PK/blog/welcome-‐to-‐uber-‐pakistan/
201
“Islamabad
and
Rawalpindi:
Your
uberGO
is
Arriving
Now!”
Uber
Blog,
last
modified
April
27,
2017.
https://www.uber.com/en-‐PK/blog/islamabad-‐and-‐rawalpindi-‐your-‐ubergo-‐is-‐arriving-‐
now/
65
towards
getting
resolved.202
They
continue
to
face
protests
from
taxi
driver
unions.203
Among
other
digital
services,
e-‐banking
solutions
offered
by
major
banks,
streaming
music
app
Patari,
and
food
delivery
services,
such
as
FoodPanda,
are
notable.
Finally,
many
small
businesses
are
using
social
networks
such
as
Facebook
and
Twitter
to
run
their
businesses.204
The
State
Bank
report
points
out
those
customers
usually
place
order
directly
through
the
social
media
pages
and
get
products
delivered
to
their
homes.
Businesses
are
also
using
online
marketing
through
these
social
networks
to
reach
more
customers.205
One
major
challenge
to
the
growth
of
e-‐commerce
and
consequently
the
digital
services
industry
is
that
a
majority
of
the
Pakistani
population
is
unbanked,
that
is
they
do
not
have
valid
bank
accounts.
Only
36
million
people
have
or
use
a
debit
or
credit
card
so
instead
of
–-‐pre-‐payment
online,
most
payments
are
cash-‐
oriented.206
This
means
e-‐commerce
retailers
do
not
have
payments
up
front
when
they
are
shipping
out
orders.207
It
also
means
they
cannot
afford
to
not
offer
a
cash-‐on-‐delivery
payment
option.
M-‐wallets
and
branchless
banking
options,
such
as
Telenor’s
EasyPaisa
and
Mobilink’s
Jazz
Cash,
have
helped
reduce
the
non-‐banking
population.
Also
EasyPaisa,
launched
in
2011,
had
9.2
million
accounts
and
transactions
worth
Rs.
645
billion
in
2016.208
Some
online
marketplaces
have
linked
up
with
these
mobile-‐based
payment
options
to
facilitate
more
customers.
Meanwhile,
the
government
is
also
devising
a
National
Financial
Inclusion
Strategy
which
aims
to
increase
number
of
adults
with
a
bank
account
or
m-‐
wallet
account
to
50%.209
Even
with
more
bank
accounts
and
debit/credit
cards,
the
e-‐commerce
entities
need
payment
gateways
to
process
payments
through
these
cards.
For
a
long
time
Pakistan
did
not
have
a
payment
gateway.
Since
2013,
four
commercial
202
“Punjab
govt’s
new
policy
likely
to
increase
Careem,
Uber
fares,”
The
Express
Tribune
online,
https://www.pta.gov.pk/assets/media/ann_rep_2017.pdf
66
financial
institutions
have
set
up
payment
gateways,
which
have
helped
local
businesses.210
According
to
the
2017
PTA
annual
report,
the
government
is
also
spending
Rs.
200
million
to
develop
an
e-‐gateway
system
at
the
State
Bank,
which
will
resolve
Pakistan’s
payment
gateway
issues.
Another
important
issue
faced
by
the
digital
services
industry
is
ensuring
the
protection
and
privacy
of
consumers’
data.
Ethical
hackers
have
previously
identified
vulnerabilities
in
both
PakWheels
and
Zameen.com,
and
food
delivery
services
are
not
mindful
of
privacy
of
personal
information.211
The
website
of
a
government
department
tasked
with
citizen
registration
has
been
hacked
multiple
times
in
the
past.212
In
November
2017,
a
malware
attack
was
reported
on
Telenor
Pakistan.213
While
PECA
and
the
Electronic
Transaction
Ordinance
2002
have
provisions
against
unauthorised
access
to
information,
such
as
a
hacking
incident,
these
laws
do
not
have
specific
provisions
for
data
protection
and
privacy.214
A
data
protection
bill,
drafted
in
2015,
was
never
passed
into
law.215
On
the
other
hand,
PECA
allows
the
state
leeway
in
recording,
storing,
and
using
the
personal
information
of
citizens.216
The
Pakistani
government
has
been
accused
in
the
past
of
secretly
handing
over
the
personal
information
of
its
citizens
to
foreign
governments.217
Theft
of
personal
data
from
point-‐of-‐service
locations
and
bank
ATM
machines
has
also
raised
alarm
among
the
Pakistani
public
to
the
vulnerability
of
their
digital
data.218
Civil
society
organisations
have
demanded
better
data
protection
laws
to
ensure
private
information
of
citizens
is
safe
online. 219
This
would
also
result
in
210
Sibtain
Jiwani,
“Choosing
the
best
payment
gateway
in
Pakistan,”
Smartchoice
(blog),
last
modified
July
22,
2015.
https://smartchoice.pk/blog/2015/07/choosing-‐the-‐best-‐payment-‐
gateway-‐in-‐pakistan/
211
Talal
Raza,
“No
one
to
protect
digital
identity:
how
vulnerable
is
consumer
data
in
Pakistan?”
https://www.dawn.com/news/1377426
213
Talal
Raza,
“Telenor
Pakistan
comes
under
a
cyber-‐attack;
the
extent
of
damage
remains
unclear,”
Digital
Rights
Monitor
online,
last
modified
November
15,
2017.
http://digitalrightsmonitor.pk/telenor-‐pakistan-‐comes-‐under-‐a-‐cyber-‐attack-‐the-‐extent-‐of-‐
damage-‐remains-‐unclear/
214
“Electronic
Data
Protection
in
Pakistan,”
Bytes
for
All,
Pakistan,
accessed
March
25,
2018.
http://digitalrightsmonitor.pk/wp-‐content/uploads/2018/01/Data_Protection_in_Pakistan.pdf
215
Ibid.
216
ibid.
217
Bytes
for
All,
“Pakistan
government’s
alleged
leaking
of
citizens’
private
data
is
unacceptable,”
67
customers
more
trustworthy
and
confident
of
their
online
transactions.220
The
government
is
likely
to
include
provisions
related
to
consumer
data
protection
in
the
draft
e-‐commerce
policy,
since
the
working
groups
had
reportedly
suggested
the
inclusion
of
these.221
However,
it
will
only
be
known
for
certain
once
the
policy’s
draft
is
made
public.
Finally,
the
digital
divide
in
Pakistan
offers
an
obstacle
to
the
growth
of
the
digital
services
industry.
Daraz,
for
example,
makes
50%
of
its
sales
through
customers
based
in
Karachi,
Lahore
and
Islamabad.222
The
three
cities,
even
though
some
of
Pakistan’s
biggest,
account
for
only
just
over
15%
of
the
country’s
total
population. 223
The
Pakistani
government
has
made
a
goal
to
increase
Internet
penetration
to
50%
a
part
of
its
Vision
2025
policy
document.224
Reflections
The
country
appears
to
be
heading
towards
further
growth
in
its
e-‐commerce
and
digital
services
industry.
As
more
people
begin
to
become
familiar
with
online
shopping
and
prepayment
methods,
the
demand
will
encourage
more
e-‐
retailers
and
online
marketplaces.
The
business
interest
has
already
developed
a
lobbying
push
on
the
government
to
better
regulate
the
digital
services
industry.
However,
this
lobbying
is
mostly
related
to
pro-‐business
reform
and
does
not
always
take
into
account
the
concerns
of
the
consumers.
The
Pakistani
public
still
only
has
a
distant
view
of
data
vulnerabilities,
and
anxieties
related
to
data
protection
are
often
temporary
and
linked
with
the
next
new
data
breach.
So
far,
the
dominant
online
classifieds
market
is
managed
by
consumers
themselves,
which
affords
them
a
stronger
sense
of
control
and
resultant
confidence
in
the
financial
transactions.
Most
of
the
data
insecurity
is
directed
towards
global
Internet
companies
such
as
Google
and
Facebook
due
to
the
presence
of
targeted
ads
and
browser
behaviour,
not
local
companies.
However,
it
is
likely
that
consumers
will
start
to
develop
a
stronger
voice
regarding
digital
data
protection
and
privacy
as
the
digital
footprint
of
the
average
Pakistani
citizen
increases
and
as
e-‐retail’s
market
share
grows.
The
219
“Need
stressed
to
introduce
data
protection
laws,”
The
Express
Tribune
online,
last
modified
https://aurora.dawn.com/news/1142029
223
Mubarak
Zeb
Khan,
“20pc
of
Pakistanis
live
in
10
cities,
census
reveals,”
Dawn
online,
last
68
public
demand
will
be
necessary
to
force
corporations
and
e-‐commerce
companies
to
enact
better
security
measures.
Recommendations
Pakistan
was
ranked
120
out
of
144
countries
in
the
United
Nations
Conference
on
Trade
and
Development
B2C
E-‐Commerce
Index
2017,
down
from
110
in
2015.225
The
report
lists
Pakistan
among
countries
with
very
low
readiness
to
business-‐to-‐consumer
e-‐commerce.
It
means
the
country
needs
to
make
a
giant
effort
to
match
up
with
other
countries
around
the
world
in
developing
its
digital
services
industry.
On
the
business
side,
as
Telenor’s
2016
Realising
Digital
Pakistan
report
mentions,
an
elimination
of
device
and
data
taxes
and
a
reduction
in
restrictive
legislation
will
encourage
more
investment
in
the
digital
economy.
This
is
going
to
be
tricky,
since
the
government
is
also
interested
in
including
e-‐commerce
in
its
revenue-‐generation
plans.
More
mentoring
and
funding,
either
from
private
or
government
sources,
for
technology
and
startups
can
help
more
local
businesses
to
take
part
in
e-‐
commerce.
Most
digital
services
will
require
technology
to
run
their
operations.
This
might
include
web
stores,
warehouses
for
data
and
products,
and
online
customer
support
systems.
The
government
can
also
help
with
some
of
the
digital
infrastructure,
either
by
encouraging
import
of
technology
through
subsidies
and
removal
of
import
duties
or
fostering
indigenous
production.
For
consumers,
civil
society
organisations
must
keep
on
the
pressure
on
the
government
to
enact
data
privacy
and
protection
laws
and
to
get
businesses
to
comply
with
these
laws
so
that
consumers
know
what
is
happening
to
their
information.
225
“Unctad
B2C
E-‐commerce
Index
2017,”
United
Nations
Conference
on
Trade
and
Development
69
70
71