The Pakistan Telecommunication Authority (PTA) has proposed a mandatory local registration for Over-The-Top (OTT) platforms in the country, according to a consultation paper uploaded to the telecom regulator’s website.
The proposed registration, which will be valid for 15 years, targets popular video streaming platforms such as Netflix and YouTube, and social media services, including WhatsApp, Facebook, and X (formerly known as Twitter), among others. The platforms will be granted a 15-year licence by the PTA, according to the document, which is open for stakeholder and general public responses “preferably in soft form” until July 10, 2024.
“The objective of this regulatory framework is to provide regulatory mechanism for the stakeholders to enable the development and facilitation/management of OTT communication (voice/video calling & messaging) based services in Pakistan,” the PTA says.
The document, which comprises 14 pages, lays out three major categories for OTT platforms. The first is Communication Services, which includes platforms such as Messenger, Skype, WhatsApp and Viber. The second category is Application Services, which covers popular social networking platforms such as Facebook, employment-focused app LinkedIn, gaming and e-commerce services.
The third category is Media Services, which includes YouTube, Netflix, Spotify under a subcategory Non-Broadcasting services, and local TV channels PTV, ARY News, HUM TV, Geo TV, and others — licenced by the Pakistan Electronic Media Regulatory Authority (PEMRA) — under Broadcasting services.
The PTA will mandate local registration under the widely contested Removal and Blocking of Unlawful Online Content (Procedure, Oversight and Safeguards) Rules 2021, commonly known as the Social Media Rules; the Telecom Policy 2015; and Section 4 (Licensing Regime of OTT Communication Services) of the framework under discussion.
It is important to note that the Social Media Rules 2021 were sent back to the parliament for review by the Islamabad High Court (IHC) in May 2022, along with Section 37 (Unlawful online content) of the Prevention of Electronic Crimes Act, 2016 (PECA). There has been no significant development in that regard, however.
The monitoring and evaluation of OTT platforms will be conducted by government ministries and organisations, according to PTA, which will store “personal data” of users locally in Pakistan. It remains unclear as to how the regulator will go about protecting the privacy and security of these users with regards to their personal information, however, as massive data leaks at the National Database and Registration Authority (NADRA), Federal Board of Revenue (FBR), and other government agencies have time and again laid bare the lack of a robust data protection mechanism.
