The federal cabinet has approved two new bills aimed at regulating digital media platforms and governing personal data, it emerged on Wednesday.
The new sets of legislation — namely the E-Safety Bill 2023 and Personal Data Protection Bill 2023 — received approval in a meeting chaired by Prime Minister Shehbaz Sharif. The cabinet also greenlit the formation of a commission which would officially enforce the data protection bill.
Prime Minister Shehbaz Sharif chaired Federal Cabinet Meeting in Islamabad today. pic.twitter.com/4Nqd5UJRqv
— Government of Pakistan (@GovtofPakistan) July 26, 2023
According to reports, the primary objective of the E-Safety Bill is to put strict regulations on digital media platforms. The legislation calls for the establishment of a separate regulatory body to hold accountable and impose penalties on media platforms for violations of local rules.
The regulator will monitor online channels and digital wings of established media outlets. It will also addresses instances of harassment, defamation, and blackmail on social media platforms, and will have the authority to issue licences to digital media platforms.
“This was essential, as cybercrime cases occur at a much faster pace than FIA [Federal Investigation Agency] can investigate them, while the role of PTA [Pakistan Telecommunication Authority] is limited to regulatory functions and violations related to internet and telecom service providers,” an IT ministry official exclusively told Dawn.com.
The Personal Data Protection Bill 2023 will regulate the collection, management and processing of users’ personal information. Under the legislation, digital platforms and online services will be brought to scrutiny for the collection and use of their consumers’ personal data.
The bill will oblige companies collecting or processing data “digitally and non-digitally” to register themselves within Pakistan. For this purpose, the government will establish a commission called the National Commission for Personal Data Protection (NCPDP) within six months of the law’s enactment.
Both pieces of legislation have prompted serious concerns from digital rights defenders, lawyers, journalists, and civil society organisations. A statement released on Wednesday called for a halt to the proposed bills, underlining its serious implications on individual rights and civil liberties.
“Legislation prepared in secrecy and passed in haste disregarding input and clear reservations, serves no protective purpose but reeks of nefarious designs to further curb the rights and liberties of citizens,” read the statement. “In the current political environment there is no room for substantive debate or a citizen friendly agenda. These bills must not be passed.”
Statement – No to Hasty Legislation: Stop the Data Protection and E-Safety Bills from Passage
What has waited all these years can wait a while longer until there's proper debate & issues are resolved. To sign leave a comment on the doc https://t.co/pr4LhXMC72 #NotAnotherPECA pic.twitter.com/5Tx9oHp4rq
— Farieha Aziz (@FariehaAziz) July 26, 2023
Citing the Prevention of Electronic Crimes Act, 2016 — commonly known as PECA — the statement raised concerns over ongoing proposals to amend the controversial legislation in order to dispense additional powers to regulators and law enforcement agencies.
The statement added that if the bill is moved to the National Assembly for passage, it should be deferred to a standing committee for further open and transparent deliberations. The government should also factor in stakeholder input, as the proposed legislations could have considerable repercussions related to civil liberties and businesses operating in the digital space.
“Any haste in rushing these bills through will be contrary to public interest and serve only vested interests.”
