ISLAMABAD: All Virtual Private Networks (VPNs) will continue working after Nov 30 as the telecom regulator has decided not to ban them over lack of legal grounds, sources have told Dawn.
The Pakistan Telecommunication Authority (PTA) had asked users to register their VPNs by Nov 30, after which unregistered connections will be blocked.
The Minister of Interior had requested the telecom regulator to ban unregistered VPNs, claiming they were being used by terrorists to “facilitate violent activities” and to “access pornographic and blasphemous content”.
Sources in the interior ministry said the request, made earlier this month, will be withdrawn.
The decision was made after an opinion by the Law Ministry stated that the government had no legal standing to block VPNs.
Interior ministry to withdraw ban request; Law Division tells govt it can’t throttle VPNs under PECA
“There was an interpretation issue with the clauses in the Prevention of Electronic Crimes Act (PECA) 2016, and eventually, it has been noted that the reading of the interior ministry in this regard was weak, and the courts would allow the functioning of the VPNs,” the sources added.
Section 34 of PECA titled ‘Unlawful online content’ empowered the authorities to “remove or block or issue directions for removal or blocking” of any content “in the interest of the glory of Islam or the integrity, security or defence of Pakistan or any part thereof, public order, decency or morality, or in relation to contempt of court”.
As per the Law Ministry, the said section allowed the government to block “content” and not the tools.
A senior official of the Ministry of IT and Telecommunication said VPNs were tools to access applications or establish connectivity, etc., just like a mobile phone or a computer.
In the past, the government had found it difficult to justify restrictions on internet blockages in court since the internet, too, was a tool, the official added.
The use of VPNs surged in the country after social media platform X (erstwhile Twitter) was blocked in February.
The government had made a distinction between individual users, who access online content via VPNs and businesses and freelancers, who use proxies for commercial purposes.
The PTA had only asked businesses, foreign missions and freelancers to register their VPNs, leaving no provision for individuals to legally use proxies.
In a briefing to a Senate committee, PTA Chairman retired Maj-Gen Hafeezur Rehman said only commercial VPNs were being registered by the authority and that individuals should not access unauthorised social media apps or websites through VPNs.
According to a PTA official, the total number of registered VPNs was around 27,000, with an additional 7,000 registrations after the deadline was announced.
The government’s plan to ban VPNs concerned software houses who claimed the action would severely impact their business.
Pakistan Software Houses Association chairman Sajjad Mustafa Syed said there were around 500,000 IP addresses available with PTA, and even if half of the freelancers apply for VPN registration, the current system cannot cater to them.
Published in Dawn, December 1st, 2024
