Civil Society Submission to the Human Rights Committee’s

Review of Pakistan in the 142nd Session [14 October 2024 – 8

November 2024]

By Digital Rights Foundation, Pakistan.

1
About DRF

Digital Rights Foundation (DRF), established in 2012, is a non-profit organization based in

Pakistan working on issues of digital access, online free expression, digital privacy, freedom of
association through technologies, digital safety, and technology-based gender-based violence.
The organization working on issues of privacy, surveillance, free speech, and political
participation for twelve years, is submitting to the UN Human Rights Committee (the
Committee) in advance of its review of compliance by Pakistan with the International Covenant
on Civil and Political Rights (ICCPR).

2
Executive Summary

Digital Rights Foundation’s (DRF) submission can be categorized into two areas: freedom of
expression, and right to privacy. This submission not only aims to improve understanding of the
key challenges faced by citizens in online spaces, but to also develop recommendations and
suggestions for the Committee to highlight during its review of Pakistan regarding issues on
freedom of expression, online safety, and the right to privacy.

The research in the submission has been conducted against the backdrop of the overall climate of
censorship and surveillance in Pakistan, along with the analysis of recently passed legislation(s)
that has raised serious concerns about the government's actions, of which the cumulative impact
is narrowing public opinions and democracy in the country, and threatening other laws protecting
the right to free speech, expression, and privacy. While risks to the right to privacy and freedom
of expression are fairly well documented in the submission, there is scant focus on an analytical
examination of the impact of these risks on practitioners including, human rights defenders,
digital rights advocates, journalists, and social media activists in online spaces in Pakistan.

This submission is based on findings drawn from data collected by DRF through advocacy at all
levels of governance - provincial, federal, and international. The submission aims not only to
examine the existing legal frameworks but also to provide a comprehensive overview of
Pakistan's regulatory and social landscape concerning freedom of expression and the right to
privacy.

3
Introduction: Curbed Freedom of Expression and Internet Restrictions

Freedom of expression, both online and offline, is instrumental for a functioning democracy, as
it allows for the exchange of diverse ideas, fosters transparency, and holds the powerful
accountable. As a fundamental freedom, freedom of expression not only includes the freedom to
speak and express opinions online but also ensures access to the internet and online platforms is
equitable for all citizens without any blockades, restrictions, or throttling and the right to
information for all.

Internet freedom in Pakistan has remained restricted during the current submission to the human
rights committee, as the Pakistani government is increasingly proposing imposed digital controls
amid escalating tensions between Pakistan Tehreek-e-Insaf Chairman Imran Khan and the
military establishment. Authorities in the last year have regularly been enforcing internet
shutdowns along with blocking online platforms, with arrests carried out with harsh sentences to
suppress dissenting online speech. These measures have been implemented despite the change in
governments and during the Pakistan Tehreek-e-Insaf (PTI)-led government, under the
succeeding Pakistan Democratic Movement (PDM) coalition and now the current PML N
government. Online activists, dissidents, and journalists often face harassment from supporters of
both political parties, including instances of physical assault and enforced disappearances.

The Freedom of the Net Report 2023 indicates that Pakistan experienced 8 out of the 9 key
internet controls that censor and control the digital sphere including but not limited to internet
connectivity restrictions, blocks on social media platforms, blocks on websites, and forced
removal of content. Pakistan has consistently received a lower score on net freedoms and has
been categorized as not free in terms of freedom on the internet for a considerable number of
years.1 The breakdown in internet freedoms ranks Pakistan at 5 out of 25 for obstacles to access,
13 out of 35 for limits on content, and 8 out of 40 for violations of user rights.2 A major share of
the blame for Pakistan being ‘not free’ goes towards the kind of legislation that has been enacted

1
https://freedomhouse.org/country/pakistan/freedom-net/2023
2
https://freedomhouse.org/country/pakistan/freedom-net/2023

4
in recent years. This concerning trend is also witnessed in 2023 and 2024 in a state’s move
towards controlling content on the internet by criminalizing speech through legislation and most
recently by passing laws that assert control over the content on social media platforms.

Internet Shutdowns and Control over Platforms:

Surfshark, a VPN provider, conducted a six-month analysis for the first half of 2024 using the
Internet Shutdown Tracker, which indicated that the Pakistani government imposed five distinct
restrictions. During this time, access to Twitter, Facebook, Instagram, and YouTube was limited,
and there were temporary disruptions to cellular networks nationwide lasting several days.3

On 9th May Netblocks4, Cloudflare5, and OONI measurements6 showed disruptions of X,

Facebook, and Youtube by multiple internet service providers along with a total shutdown of
mobile internet shutdown in the country. The internet remained restricted for four days during
these riots with users frustrated and complaining of the economic loss they’re facing amidst this
shutdown.7 Following the May 9th riots, internet shutdowns and platform disruptions in the
country were prevalent till the time of the elections. On December 17, 2023, users in Lahore,
Karachi, and Islamabad faced difficulties accessing social media after 8 p.m., coinciding with a
major PTI virtual event at 9 p.m.8 Similar disruptions occurred on January 7, 2024, ahead of a
PTI fundraiser, with PTCL services shut down in some areas and other networks slowing or
blocking platforms.9 On January 20, 2024, internet access was again restricted nationwide before
a PTI public meeting, with widespread social media suspensions reported by day's end.10 Internet
disruptions and restricted access to online platforms continued until polling day, with users
reporting mobile internet shutdowns and throttling. These issues further prevented voters from

3
https://surfshark.com/research/chart/internet-shutdowns-first-half-2024
4
https://netblocks.org/reports/internet-disrupted-in-pakistan-amid-arrest-of-former-pm-imran-khan-JA6RmrAQ
5
https://blog.cloudflare.com/cloudflares-view-of-internet-disruptions-in-pakistan/
6
https://explorer.ooni.org/fa/findings/300902917301
7
https://restofworld.org/2023/pakistan-internet-outage-tech-workers/
8
https://www.dawn.com/news/1798656
9
https://www.pakistantoday.com.pk/2024/01/07/users-face-nationwide-disruption-of-social-media-platforms-ahead-o
f-ptis-fundraiser/
10
https://www.dawn.com/news/1807328

5
accessing their polling stations. Authorities did not provide reasons for the disruptions, despite
earlier assurances that internet access would remain unrestricted on polling day.11

Post-elections in Pakistan, starting February 17th, access to platform X has been restricted, with
the platform only available through VPNs. This restriction not only limits information access for
users but also curtails free speech, particularly affecting those questioning the integrity of the
elections. Although state authorities initially remained silent about the ban when the platform
was first blocked, the Interior Ministry cited national security concerns and disinformation as the
reasons for blocking access to the platform in April.12 Ongoing disruptions, including throttling
internet speeds, blanket shutdowns, and restrictions on freedom of expression, pose a direct
threat to fundamental freedoms in Pakistan. Such measures undermine citizens' rights to speech
and assembly, violating constitutional guarantees in Pakistan under Articles 19, 16, 17, and 19A.
These actions also compromise the state's responsibilities to protect freedoms related to trade,
business, and profession, as well as the right to education.

Right to Privacy

Article 14 (1) of the Constitution of Pakistan 1973 promises individuals the right to privacy
subject to law. With the evolving concept of online privacy, this right has been interpreted to
extend to digital communications as well.13 The landmark case of Muhammad Rahmat Ullah vs.
the State14 exemplifies this extension, where the Lahore High Court ruled that extracting
information from a personal phone without judicial authorization infringes upon the
constitutional right to privacy.

Despite legal protections, the right to privacy remains vulnerable, especially in digital spaces
amid the Pakistani state’s ongoing attempts to exercise more control over the internet. For
instance, Pakistan has failed to adopt a human-rights complaint data protection law despite years

11
https://tribune.com.pk/story/2494322/govt-refuses-to-disclose-reasons-for-election-day-mobile-internet-shutdown#
google_vignette
12
https://www.reuters.com/world/asia-pacific/pakistan-blocked-social-media-platform-x-over-national-security-minis
try-says-2024-04-17/
13
2024 PcrLJ 1
14
2024 PcrLJ 1

6
of lobbying by digital rights groups. Though multiple drafts have been released by the Ministry
of Information Technology and Telecommunications (MOITT) since 2018, the draft bills do not
have provisions for a strong data protection commission and require stringent data localization
which raises concerns about data security as well as economic hit to Pakistan’s nascent digital
economy.15 In a report shared by Asia Internet Coalition, it was noted that data localisation
requirements in Pakistan proposed under the 2023 Data Protection Draft bill could cost 16.5
billion USD to Pakistan’s GDP and 3.2 million job losses.16

Increased Surveillance:

One of the biggest threats to privacy is pervasive surveillance. Illegal surveillance not only poses
a threat to privacy but has a chilling effect on freedom of expression, forcing the victims into
self-censorship.

The government authorities in Pakistan have for long been interested in enhancing their
surveillance capabilities as part of their counter-terror and national security measures. In this
regard, the state has adopted several laws to enable lawful surveillance in addition to acquiring
new surveillance tools. For instance, section 54(1) of the ‘Pakistan Telecommunication
(Re-organization) Act, 1996’ empowers the Federal Government to authorize any person to
“intercept calls and messages or to trace calls through any telecommunication system” in the
interest of national security. Furthermore, the ‘2013 Fair Trial Act, 2013’ allows security
agencies to seek a judicial warrant to monitor private communications of terror suspects.
Similarly, the Social Media Rules 2021 mandate social media companies to provide decrypted
information to the FIA. Lastly, internet users have been asked to register their VPNs time and
again under the 2010 Monitoring and Reconciliation of Telephony Traffic Regulations (MRITT).
In 2024, there is a renewed push by government authorities to urge everyone to register their
VPNs after their usage doubled since February 2024 amid slow internet speeds and a government

15
https://digitalrightsfoundation.pk/wp-content/uploads/2024/09/Final-Submission-to-MoITT-by-DRF_Pakistans-Per
sonal-Data-Protection-Bill.pdf
16
https://tribune.com.pk/story/2484833/aic-exposes-flaws-in-digitalisation-laws

7
ban on X.17 18 One senior government official even hinted at blocking unregistered VPNs without
specifying any timelines.19

In addition to legal instruments, there have been many occasions where surveillance tools have
been blatantly misused against political stakeholders even in violation of expansive powers
provided in local laws. This was manifested recently in 2023 after several audio recordings of
PTI leaders were publicly leaked via anonymous Twitter/X accounts amid PTI’s tussle with the
establishment.20 Even sitting judges of Islamabad High Court have recently complained about
being subjected to unlawful surveillance while highlighting interference of intelligence agencies
in judicial affairs.21

While not much information is officially available about the state’s surveillance infrastructure,
sporadic revelations from multiple sources provide a glimpse of the state’s obsession with cyber
intrusion tools. According to the recently launched web-based online community-driven resource
Surveillance Watch, which has been tracking the global clientele of surveillance companies’
clientele across the globe, surveillance capabilities from at least 16 surveillance companies are
being used in Pakistan. Furthermore, during court proceedings in a case pertaining to illegal
surveillance of former PM Imran Khan’s wife in July 2024, it came to light that PTA had
directed telecom companies to “finance, import and install” a mass surveillance system called
Lawful Interception Management Systems (LIMS). This system allowed relevant authorities to
access private messages, video/audio content, call records, and web browsing histories of up to
four million mobile users without any legal or judicial oversight.22 Interestingly, the government
quickly moved to give legal cover to the mass surveillance under LIMS through a directive that
formally allowed Pakistan’s premier intelligence agency ISI to intercept and trace calls “in the

17
Registration of VPN before 30 June 2020,” Pakistan Telecommunication Authority, June 10, 2020,
https://www.pta.gov.pk/en/media-center/single-media/-100620.
18
https://arynews.tv/pakistan-launches-portal-for-ip-whitelisting-vpn-registration/
19
https://arynews.tv/pta-hints-at-blocking-unregistered-vpns-in-pakistan/
20
https://www.dawn.com/news/1749331
21
https://www.dawn.com/news/1824028
22

https://www.geo.tv/latest/552002-pta-ordered-telecoms-to-implement-mass-surveillance-system-court-documents-re
veal

8
interest of national security”.23 In addition to that, Pakistan has also been testing a national
firewall system that would, in theory, enable them to proactively monitor internet traffic and
block any content/website that is against “national security”. Government authorities have
defended the move as a cyber security measure but have shied away from giving specific details
about it.24

Privacy advocates fear that the latest developments highlighted above will only embolden state
authorities to carry on with their unchecked surveillance with impunity without any incentive to
be transparent about these measures.

These ongoing internet disruptions in Pakistan raise serious concerns about the violation of
fundamental rights, particularly the right to access information and freedom of expression, which
are enshrined in Pakistan’s Constitution. Citizens rely on the Internet for education, work,
communication, and accessing critical services, making it an essential utility. Individuals across
Pakistan have filed petitions in the high courts of Lahore, Islamabad, and Peshawar, challenging
the ongoing internet disruptions that have significantly impacted daily life. In response, the
courts directed the PTA and federal law officers to submit reports explaining the cause of these
disruptions. The PTA and relevant authorities attributed the issues to faults in submarine cables,
which are crucial for maintaining internet connectivity, and assured the courts that the situation
would be resolved by August 28 as repairs were underway.25 However, on August 28, the PTA
announced on Wednesday that the issue stemmed from a malfunction in a submarine cable. They
estimate that repairs for the affected SMW-4 submarine cable will not be completed until early
October.26

The inability of the authorities to ensure consistent internet access, despite multiple court
petitions and inquiries, reflects a disregard for these rights. The PTA's justification of submarine

23

https://www.dawn.com/news/1844810/govt-formally-authorises-isi-to-trace-intercept-calls-and-messages-in-interest
-of-national-security
24
https://www.arabnews.pk/node/2540666/pakistan
25
https://www.dawn.com/news/1853744
26
https://tribune.com.pk/story/2491762/internet-disruptions-expected-to-persist-until-october-pta

9
cables as the cause of the disruption, and the Ministry of Interior and Law's assurances of
resolution by the end of August, do little to mitigate the impact on people's daily lives. Prolonged
internet outages not only hinder economic activities but also curtail citizens' ability to participate
in democratic processes, raising questions about the state's commitment to upholding
fundamental rights in the digital age.

Regulatory Mechanisms and Legislative Developments to Curb Free Speech:

In 2023 and 2024, state authorities introduced regulatory measures that further curtailed online
freedoms, significantly restricting freedom of expression for internet users in the country. Several
legislative developments during this period aimed to increase control over user access to content
and limit speech on online platforms.

E-Safety Bill

In July 2023, the E-Safety Bill was introduced by the Ministry of Information Technology and
Telecommunication (the draft of which, however, was removed from the Ministry’s website in
August 2023, when the Bill was sent to the Ministry of Law for vetting). Digital rights groups
have expressed concerns regarding the bill and how it further seeks to tighten control over digital
spaces and freedom of expression. The language of safety has been weaponized in this Bill to
create a convoluted system of regulation that violates all aspects of freedom of expression and
the digital economy. The Bill received the Federal Cabinet’s approval, however, the current
status of the Bill remains questionable given the National Assembly of Pakistan was dissolved on
9 August 202327 and there have been no updates from the newly elected government regarding
its position on the Bill. Overall, the Bill represented a deliberate effort to tighten the control over
digital spaces and freedom of expression. The Bill intends to combat crimes such as online
harassment, cyberbullying, and blackmailing by establishing a new regulating body known as
'The E-Safety Authority.' This Authority would be responsible for registering and monitoring
websites, online channels, YouTube channels, and current media house websites.

27
https://www.dawn.com/news/1768266

10
There has also been debate around the engagement of platforms with state authorities,
particularly in regard to compliance by big tech platforms on removal of content and restricting
content in the country. A report by TikTok stated that the platform removed 11,707,020 videos
uploaded on its platform from Pakistan for violating its community guidelines in the first quarter
of 2023.28 Additionally, the E-Safety bill in its current state seeks to repeal Section 37 of the
Prevention of Electronic Crimes Act 2016 (PECA), thereby establishing an even more expansive
regime of censorship (s. 62). Additionally, Section 28 of the Bill permits the regulation of a wide
array of content, including, aspersions against the judiciary or armed forces of Pakistan,
defamatory as defined in the law for the time being in force; known to be false, against the
Islamic values, ideology of Pakistan, incites or condones dislodgement of democratic setup
against the command of the Constitution of Pakistan, call to arms against the Federation of
Pakistan or anything against the integrity, security, and defence of Pakistan, and any obscene or
pornographic material. These categories exceed the limitations set by Article 19 of the
Constitution of Pakistan 1973 and international human rights standards. The Bill appears to be a
reaction to the government’s failure to implement the ‘Removal and Blocking of Unlawful
Online Content (Procedure, Oversight and Safeguards) Rules 2021,’ seeking instead to impose
broad and discretionary internet censorship through new measures. Furthermore, under this bill,
‘Social Network Platforms,’ including web TV channels, YouTube channels, OTT services like
Netflix and Amazon Prime, and social networking sites such as Twitter (now “X”), Facebook,
and Instagram, are required to register with the eSafety Authority under Section 4(f), which
imposes a prior restraint on speech, reminiscent of the withdrawn Pakistan Media Development
Authority Ordinance of 2021, which could stifle digital content creation and economic
opportunities.

Additionally, the Bill's vague and overly broad language, such as undefined terms like “online
harm” (Section 4(1)(c)), “abhorrent violent conduct” (Section 4(o)), and “public interest”
(Section 53), raises concerns about potential abuses of power, leading to self-censorship and a
chilling effect on free expression. Further to this, the authority granted to access personal data
under Section 15 with limited safeguards poses serious privacy concerns, exacerbating fears of

28
https://tribune.com.pk/story/2427236/-tiktok-deleted-117m-pakistani-videos#:~:text=TikTok%20%E2%80%93%2
0a%20popular%20online%20video,the%20-first%20quarter%20of%202023.

11
increased surveillance and data misuse. The Bill also needlessly created additional authorities
and complaint mechanisms such as the eSafety Authority, eSafety Tribunal (s. 44), and the
eSafety Complaints Commission (s. 42) without any safeguards for their independence and
impartiality. The Bill's severe penalties, including imprisonment and fines under Section 6 for
those operating social network platforms who violate its provisions, only heighten these
concerns. Overall, the Bill failed to incorporate clear criteria, robust oversight mechanisms, and
adhere to international human rights standards.

Moreover, In August 2024, the Establishment of Telecommunication Appellate Tribunal Bill

2024, was introduced to amend the Pakistan Telecommunication (Re-organization) Act, 1996,
and the Prevention of Electronic Crimes Act, 2016 (PECA). The Bill proposes that a person
aggrieved by any decision or order of the Pakistan Telecommunication Authority (PTA) will
prefer an appeal to the Pakistan Telecommunication Appellate Tribunal instead of high courts.
This change raises concerns as it makes the Tribunal, created by the Federal Government, the
first forum for appeals against decisions by the PTA, effectively barring legal challenges in
higher courts. This shift is not just procedural but rather a deliberate attempt to constrain judicial
scrutiny and restrict access to independent review. This move could suppress individuals from
speaking out against government actions, knowing their cases would be handled by a
government-controlled, non-independent body, increasing the risk of biased decisions and
reducing the likelihood of impartial review. By centralizing power within a
government-appointed body, the Bill further threatens the fundamental concept of the separation
of powers, thereby potentially chilling free expression and discouraging challenges to
government actions.

Pakistan Electronic Media Regulatory Authority (“PEMRA”) Ordinance 2002

In August 2023, amendments were also introduced in the Pakistan Electronic Media Regulatory
Authority (“PEMRA”) Ordinance 2002 through the passage of the PEMRA Amendment which
further curtailed the freedom of speech in the country. The Bill was passed by the National
Assembly, however, was immediately withdrawn following widespread criticism from

12
journalists, and civil society organizations representing media workers.29 Within just two days of
the said withdrawal, the government swiftly reintroduced it, leading to its passage as the PEMRA
Amendment Act 2023. The Amendment Act introduced new and problematic terminology under
the pretext of combating disinformation, with the definition of ‘disinformation’ under section
2(ha) being particularly broad and ambiguous. This Ordinance has already been misused by
authorities to suppress critical content by the government or other actors, leading to censorship
under the guise of protecting reputations. There are numerous instances where PEMRA has
exercised its power arbitrarily to censor TV channels. In 2022, a ban was imposed on the speech
of a political figure, alleging that his statements were baseless, spread hate speech, and incited
provocation against state institutions and officials.30 The Amendment Act only exacerbated the
situation by granting the PEMRA Authority more extensive powers under S.20(j) to take down
content deemed harassing or politically motivated, along with provisions for hefty fines for
severe violations under section 29A which led to self-censorship among media outlets,
undermining the media’s role in holding those in power accountable. The definition of severe
violations, which included breaches of Article 19 of the Constitution, potentially allowing
penalties on content critical of government policies or officials, creating a chilling effect on free
expression. Overall the Amendment Act introduced new tools of censorship under the guise of
combating disinformation, significantly infringing on freedom of expression and falling short of
the necessity and proportionality required by international human rights standards. In the recent
Judgment “Imran Khan vs PEMRA”31 the Lahore high court held that “Pakistan Electronic
Media Regulatory Authority (PEMRA) being a regulator through its actions or inaction cannot
deny to the people and the political parties the basic fundamental rights guaranteed to them by
the Constitution i.e. freedom of speech (Article 19); freedom of assembly (Article 16); and, right
to information (Article 19A)”. This arbitrary censorship by PEMRA clearly infringes on freedom
of expression by suppressing, dissenting voices and limiting the public’s access to diverse
viewpoints, essential for a functioning democracy.

29
https://www.dawn.com/news/1768882
30
https://www.aljazeera.com/news/2023/3/6/pakistan-bans-airing-of-imran-khan-speeches-suspends-ary-channel
31
2024 CLC 584

13
Punjab Defamation Act (2024)

In May 2024, the Punjab Defamation Act was passed which presents significant threats to
freedom of expression for journalists and the general public in Pakistan. The Act’s emphasis on
prosecuting defamation, particularly targeting “public officials,” is an example of its
authoritarian nature, potentially enabling the suppression of criticism directed at individuals
associated with the government or other official institutions. This shift towards protecting public
officials - an area previously not covered by the country’s defamation laws - reflects an effort by
the government to centralize control, as seen in the Act’s explicit focus on safeguarding the
reputations of those in positions of power and authority. This focus directly contradicts the
principles of free expression and democratic accountability, as evidenced by provisions like
Section 11(3), which permits holders of Constitutional Offices to file claims through an
authorized officer, and Section 10(4), which requires such claims to be heard by a specially
nominated Single Bench of the Lahore High Court, creating a dual justice system that offers
preferential treatment to high-ranking officials over ordinary citizens and violates the principles
of equality before the law. Furthermore, Section 17 of the Act is particularly problematic as it
allows claimants to initiate actions "without proof of actual damage," making defamation a tool
for intimidation and repression. The Act also imposes disproportionately high penalties under
Section 2(k), starting from a minimum of Rs. 3,000,000, turning defamation into a weapon for
silencing dissent. The ease with which defamation claims can be initiated, coupled with
exorbitant fines, poses a direct threat to free expression. Additionally, Section 12 prohibits the
reporting of Tribunal proceedings during hearings, further obscuring government intent and
preventing public scrutiny, while Section 13 undermines the right to a fair trial under Article
10-A of the Constitution of Pakistan by requiring defendants to obtain leave to defend,
potentially resulting in preliminary decrees based solely on procedural grounds. The definitions
in Sections 2(m) and 2(o) also broaden the scope of the Act to include social media users,
heightening the risk of prosecution against ordinary citizens and stifling online freedom of
expression. The punitive measures prescribed are extreme, including the potential blocking of
entire social media accounts under Section 21(2) for those found guilty of defamation, rather
than merely targeting specific defamatory content. While the Act suggests provisions for legal

14
representation for women and minorities under Section 14, experience with existing frameworks,
such as the Prevention of Electronic Crimes Act 2016 (PECA), indicates that these communities
are often disproportionately affected by laws intended to "protect" them. The need and rationale
behind this new legislation are also questionable, especially given the existence of other legal
frameworks like the Pakistan Electronic Media Regulatory Authority Ordinance 2002 (PEMRA),
PECA, and the Defamation Ordinance 2002. The introduction of this Act raises concerns about
its future implementation and risks creating additional jurisdictional conflicts in defamation
cases. Overall, the Punjab Defamation Act 2024 poses serious threats to freedom of expression
for both journalists and the public in Pakistan, not only stifling open dialogue but also
undermining democratic values and the right to information.

The restriction of freedom of speech in the country is not only evident through the above laws
but also through the repeated internet shutdowns in 2023 and 2024, which significantly disrupted
the nation. These shutdowns not only stifled the right to expression and information but also
impacted businesses and education within the country. This combination of legal restrictions and
digital blackouts has created an environment where the fundamental right to free expression is
increasingly under threat, with far-reaching consequences for society as a whole.

Media Freedoms and Restrictions on Journalists:

In 2021, the Protection of Journalists and Media Professionals Act was enacted to safeguard the
right to freedom of expression, as guaranteed in Article 19 of the Constitution of Pakistan and
the ICCPR, ensuring that those working in media can exercise their rights without fear of
censorship or harassment. This act aimed to shield journalists and media professionals from
abuse, violence, and exploitation across all mediums and mandated the establishment of a
Committee to investigate, prosecute, and penalize threats, coercion, and acts of violence against
journalists. However, since its passage, no such Committee has been established. According to
the Freedom Network's 2023 report32, despite this groundbreaking legislation, Pakistan has
continued to witness a troubling increase in crimes against journalists. The report highlights that
the government's failure to implement the mandated safety commission has rendered the federal

32
https://fnpk.org/wp-content/uploads/2023/10/PDF-FINAL-Impunity-Report-2023-4.pdf

15
law effectively non-operational. Consequently, it has not provided any protection or recourse for
journalists who have been killed, attacked, injured, threatened, or harassed in the two years since
the law's enactment. In 2023, the amendment is made in the Act through which responsibility of
enforcing the "Protection of Journalist and Media Professionals Act, 2021" from the Ministry of
Human Rights to the Ministry of Information and Broadcasting with a directive to make
necessary amendments in the Act for its implementation. While Pakistan has enacted notable
legislation aimed at protecting journalists, specifically their freedom of expression, these
protections remain largely ineffective. Journalists continue to face severe consequences for
expressing dissenting opinions, including forced disappearances, killings, and abductions. The
recent amendment fails to mitigate these ongoing challenges, leaving the fundamental issues
unresolved. For instance, Section 20 of the PECA has been misused to stifle the freedom of
expression of media practitioners. According to the TrialWatch report,33 journalists like Asad Ali
Toor and Absar Alam have been targeted under this section. Asad Ali Toor faced harassment and
an FIR for tweeting about alleged corruption,34 whilst Absar Alam was accused of sedition and
defamation for raising questions about a high-ranking military official.35 Although the cases were
ultimately closed, they highlight the use of Section 20 of PECA to suppress free expression
rather than protect individuals' rights as intended. The FIA’s conduct in these cases, including
issuing notices over WhatsApp and failing to provide sufficient details and evidence of the
alleged offence, exemplifies the misuse of Section 20 against media practitioners. However, the
Islamabad High Court ultimately struck down the expression “or harms the reputation” from
Section 20 for being “unconstitutional, invalid beyond reasonable doubt”36, but despite this
ruling, Section 20 continues to be used as a tool to intimidate journalists, threatening press
freedom across provinces, as cases citing this section persist in other regions of the country.
Thus, in light of these ongoing challenges, it is evident that the Protection of Journalists and
Media Professionals Act of 2021 has failed to safeguard and serve its intended purpose. Despite
its promise to provide a legal framework for protecting media practitioners, the absence of an

33
https://cfj.org/wp-content/uploads/2023/10/Pakistan_PECA-Report_September-2023.pdf
34
https://cfj.org/wp-content/uploads/2023/10/Pakistan_PECA-Report_September-2023.pdf
35
https://cfj.org/wp-content/uploads/2023/10/Pakistan_PECA-Report_September-2023.pdf
36
Pakistan Federal Union of Journalists v. Federation of Pakistan, Writ Petition No. 666/2022, Order Sheet dated
April 8, 2022, Islamabad High Court. Note that other than the expression “harms the reputation” the remaining
elements of Section 20 continue in force.

16
operational safety commission, and the continued misuse of laws like Section 20 of PECA,
reveal that journalists remain vulnerable to harassment, violence, and intimidation. The lack of
effective enforcement, combined with government inaction, has rendered the Act largely
symbolic, leaving the rights and freedoms of media practitioners unprotected.

Recommendations:

In addition to reiterating its recommendation we encourage the Human Rights Committee to ask

the following questions during its review of Pakistan:

1) The government should ensure that any and all surveillance tools are utilized

proportionately and within the legal framework as approved by the parliament. They

should also take steps to be transparent about its capabilities, including procurement and

the funds allocated for it.

2) Pakistan’s parliament should hold an in-camera inquiry into the abuse of surveillance

capabilities and seek clarification from government authorities on the steps they are

taking to stop their misuse. They should also proactively seek civil society’s input on

conducting the human rights due diligence of these technologies, and incorporate said

input in policy or legislative outputs.

3) UN authorities should urge Pakistan to get more involved in global conversations around

the misuse of surveillance tools and sensitize them about international best practices and

human rights approaches pertaining to lawful surveillance.

17
4) The government should not rush into imposing a blanket ban on unregistered VPNs,

rather it should consult human rights groups and wider industry representatives to

understand the economic and human rights impact of any ban on VPNs.

5) In light of constitutional protections and ICCPR commitments, the state must be

questioned about the mass surveillance through the LIMS, impacting over 4 million

citizens. The government must answer the question of the existence and operations of

such surveillance, whether ongoing or previously conducted.

6) The state must be questioned for imposing a firewall and throttling internet access

without any legal justification. Such actions violate transparency and fundamental rights,

including the right to freedom of expression, the right to access information, and the right

to privacy. There is an urgent need for the state to provide an immediate explanation and

establish legal clarity regarding these measures.

7) The state must undertake a comprehensive review of all laws affecting freedom of

expression and privacy, including the Punjab Defamation Act 2024 to decriminalise

defamation; not to introduce repressive laws and/or amendments such as the proposed

E-Safety Bill to prevent undue restrictions on expression; implement the Protection of

Journalists and Media Professionals Act 2021 to better safeguard journalists from threats

and violence; and amend the PEMRA Ordinance 2002 to mitigate risks of censorship and

ensure transparent, and fair regulations.

8) Establish an independent oversight body, comprising a majority of civil society experts

and a minority of government officials, to review and monitor internet censorship and

throttling decisions, ensuring transparency, accountability, and adherence to international

human rights standards.

18