SPEAKING at the London School of Economics in November, chairman of the Senate Raza Rabbani said that the Prevention of Electronic Crimes Bill was flawed, and conceded that many legislators in Pakistan have serious concerns about the legislation. He implied that the bill would not pass the Senate’s scrutiny in the form in which it existed at the time. The gathering of students, Pakistan watchers, and civil society activists was comforted by his frankness and sagacity.
But discomfort prevails now that the bill — which was passed by the National Assembly last month — is under consideration by the Senate for passage into law. Will Rabbani and the body he chairs hold fast to principles previously expressed and refuse to pass the law?
The bill has been through several iterations, along with a facade of public and expert consultation, which are well documented. The major fallacies of the law have also been repeatedly highlighted: its securitised approach to cyber governance; the disregard for individual privacy and provision of unfettered access to data to the ‘agencies’; the concentration of powers with one authority, the PTA; and the criminalisation of the most basic online activities, ranging from sending emails without the recipient’s permission to sharing photographs and engaging in political criticism or satire.
To be clear, the bill is anathema to freedom of expression and right to privacy. It should also concern cynics who care little for human rights because its clauses are a complete turn-off for foreign businesses that increasingly expect emerging markets to abide by international standards and best practice in relation to data protection and cyber security. If passed into law, the act could stifle Pakistan’s fledgling e-commerce industry which is the future of global markets.
The version of the law currently before the Senate has been tinkered with just enough to try and push it through despite widespread concerns about its draconian clauses. Its review will be a test of our senators’ stamina and commitment to principles enshrined in the Constitution. Lawmakers’ laziness, distraction, and lack of capacity to decipher the technical implications of the act should not leave Pakistan with a terrible law on its books.
Thus far, several senators have made the right noises.
To be fair, several senators have thus far made the right noises. Shahi Syed, the chairman of the Senate’s Standing Committee on IT, has called for a public hearing during which members of the upper house will gather input from industry experts and civil society activists, among others. Senate opposition leader Aitzaz Ahsan asked that the bill be reviewed by the human rights committee as well. But how genuine are the efforts to seek consultation before passing the law?
The government has held out the promise of a consultative process throughout the bill’s drafting. However, public hearings have been promised and not held, or held at short notice without informing key industry and civil society stakeholders. Where input has been provided, it has been disregarded. There is nothing more damaging to democracy than the facade of democratic process — the outcomes are autocratic while at the same time sullying democracy’s name.
Our senators must be aware that they bear a heavy burden. Laws once made in Pakistan are difficult to get off the books. In the frenzy to implement the National Action Plan to counter terrorism, they should not saddle the country with bad legislation that will have far-reaching consequences, not least for journalism and political protest.
There is a way forward. Industry, civil society and government alike agree on the need for robust legislation governing the online space. Productive alternatives to the current law have been debated in recent sessions between senators and digital rights groups: the introduction of separate bills covering cyber security, cyber crime and cyber terrorism; the creation of strong privacy protection mechanisms for citizens. A truly consultative process would be a win-win for all.
There is some consolation in the fact that we have come this far — to a point where the Senate feels enough pressure from civil society to take the passage of this legislation seriously. This is largely thanks to a concerted campaign by digital rights group Bolo Bhi, along with others such as Digital Rights Foundation and Bytes For All. Bolo Bhi in April won the Index on Censorship’s Freedom of Expression Award for its excellent efforts, and its campaign offers a valuable lesson for all civic activists in the country: activism is not just about trending on Twitter, it’s about understanding and engaging with the system.
Bolo Bhi has taken the issues to the courts, filing a petition that eventually led to the dissolution of the shadowy inter-ministerial committee, which was tasked with blocking websites without accountability. It has now taken the fight against the cyber crime bill to parliament. The message against the bill has been clearly, effectively, and constitutionally made. Let’s see if our senators are ready to respond.
The writer is a freelance journalist.
Published in Dawn, May 23rd, 2016
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